Chapter 13
HISTORIC PRESERVATION*
Art. I. In General, §§ 13-1--13-35
Art. II. Historic District Commission, §§ 13-3-13-55
Art. III. Administration and Enforcement, §§ 13-5-13-75
Art, IV. Application and Review Procedures, §§ 13-76--13-90
ARTICLE I. IN GENERAL
Sec. 13-1. Short title.
This chapter shall be known and may be designated as the "City of Allegan
Historic Preservation Ordinance".
Sec. 13-2. Preamble.
This chapter is an ordinance to create a historic district commission and
prescribe its functions to define the membership of the historic district
commission and membership duties, to establish in historic districts and
historic sites, to establish standards and procedures for regulating historic
districts and historic sites, to provide for preservation of historic sites and
structures, to assure public protection of privately owned historic sites, to
provide for the acquisition of resources for historic preservation purposes, and
to maintain publicly owned historic sites and structures by the city.
Sec. 13-3. Purpose.
(a) In the interest of protecting and preserving the early heritage of
various groups from the original settlers to more recent inhabitants of the city
already well established architecturally, and to further conserve for the
appreciation of posterity, evidence or the nineteenth century village founders
and early immigrants of this community, it is the purpose of this chapter to
establish, circumscribe, and regulate:
(1) Within certain business and commercial use areas a specific historic
district which architecture expresses and reflects the life of this community in
the early post lumbering period, principally around and after 1884;
(2) Elsewhere within the community, historic districts and historic sites
which contain evidence of the village life from our settlement in the virgin
forest in 1836 through its various stages of development and expression into the
twentieth century.
(b) The aforesaid objectives are designed to protect, preserve and enhance
the various elements of the cultural, social, economic, political and
architectural history of the city; to stabilize and improve property values, to
foster civic duty; to strengthen the local economy, and to promote the use of
the historic districts and sites for the education, pleasure and welfare of the
citizens of the city and the visitors thereto; and in furtherance thereof, to
regulate and control the construction, alteration, repair, moving and demolition
of structures and signs within the historic districts and sites.
(c) Historic preservation is declared to be a public purpose and the council
has adopted this ordinance to regulate the construction, addition, alteration,
repair, moving, excavation and demolition of resources in the historic districts
designated herein.
Sec. 13-4. Definitions.
The following words and phrases, when used in this chapter, shall have the
meanings respectively ascribed to them:
(1) Alteration means work that changes the detail or a resource but does not change its basic size or shape.
(2) Bureau means the Bureau of Michigan History.
(3) certificate of appropriateness means the written approval of a permit/application for work that is appropriate and that does not adversely affect a resource.
(4) Commission means the historic district commission created by the city council of the City of Allegan.
(5) Demolition means the razing or destruction, whether entirely or in part of a resource and includes, but is not limited to demolition by neglect.
(6) Demolition by neglect means neglect in maintaining, repairing, recycling, or securing a resource or the loss of structural integrity of the resource.
(7) Denial means the written rejection of a permit application for work that is inappropriate and that adversely affects a resource.
(8) Historic district means an area or group of areas, not necessarily having contiguous boundaries, that contains one (1) resource or a group of resources that are related by history, architecture, archaeology, engineering or culture.
(9) Historic sites means a historic district which contains only one (1) resource which for the purpose of this chapter will be treated as a historic district.
(10) Historic preservation means the identification, evaluation, establishment, and protection of resources significant in history, architecture, archaeology. engineering or culture where identification means identifying those resources of historic significance, evaluation means evaluating the integrity and level of significance of those resources, establishment means establishing historic districts as well as other means of recognizing these resources for their historic significance, and protection means safeguarding the resources and heritage of the city.
(11) Historic resource means 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 this state or community within this state, or of the United States.
(12) Notice to proceed means the written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to section 13-56(7).
(13) Open space means undeveloped land, a naturally landscaped area, or a formal or man-made landscaped area that provides a connective link or a buffer between other resources.
(14) Ordinary maintenance means keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, its exterior condition. Ordinary maintenance does not change the external appearance of the resources except through the elimination of the usual and expected effects of weathering, specifically, painting as an act of ordinary maintenance. Ordinary maintenance does not constitute work for the purposes of this chapter.
(15) Ordinary landscaping means keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time. Ordinary landscaping does not change the appearance of the resource, except through the changes to shrubbery, flowerbeds, rock gardens, etc.
(16) Repair means to restore a decayed or damaged resource to good or sound conditions by any process. A repair that changes the external appearance of a resource constitutes work for the purpose of this chapter.
(17) Resource means one (1) or more publicly or privately owned historic or non-historic structures, sites, objects, features or open spaces located within the historic district.
(18) Standing committee means a permanent body established by the council, pursuant to the chapter to conduct the activities of a historic district study committee on a continuing basis.
(19) Work means construction, addition, alteration, repair, moving,
excavation or demolition.
Sec. 13-5. Establishment of historic districts and sites.
(a) The following historic districts are hereby established:
(1) Marshall Street District: Beg. at the CL of Marshall St. on line
with the SEly line of the lot which 222 Marshall St. stands; the NW along sd CL
to a pt. on line with the NWly line of lot which 231 Marshall St. stands; th NE
along sd lot line to the NW cor of sd lot; the SE along the N line of sd lot to
the NE cor of sd lot; the S along the E line of sd lot to the NW cor of the lot
which 237 Marshall St. stands; the SE along the N line of lots which 237, 249,
and 257 Marshall St. stands to the NW cor of lot which 111 Bond St. stands; the
SW parallel to the SE line of the lot which 249 Marshall St. stands to the cor;
the SE along the W line of the lot which 111 Bond St. stands to a pt, on the CL
of Bond St.; the SW along sd CL to the intersection of Bond St. and Marshall
St.; the SE along the CL of Marshall St. to a pt. on line with the NW line of
the lot which 335 Marshall St. stands; th NE along sd line to the NW cor of sd
lot; th SE along the NEly line of lot which 335, 401, 403, and 411 Marshall St.
stand; th NE to the NW cor of the lot which 415 Marshall stands; th SE to the NE
cor of the lot which 419 Marshall St. stands; th S to the SW cor of the lot
which 226 Herkimer stands; th SE along the S line to the SE cor of sd lot; th NE
along the E line of sd lot to a pt, on the CL of Herkimer; th SE along sd CL to
a pt, on line with the W line of the lot which 320 Herkimer stands; th SW along
sd lot line to the SW cor of sd lot; th SE along the S line of sd lot to the SE
cor of sd lot; th NE to the SW cor of the lot which 332 Herkimer St. stands; th
SE along the S line to the SE cor of sd lot; th SW to the SW cor of the lot
which 334 Herkimer St. stands; th SE along the S line of sd lot to a pt. on the
SE line of Division St.; th NE along sd line to the SW cor of the lot which 13
Oak Ct. stands; th SE along the S line of sd lot to a pt. on line with the W
line of lot which 605 Marshall St. stands; th S along sd line to the NW cor of
sd lot; th SE along the N line of sd lot to the NE cor of the lot which 633
Marshall St. stands; th N to the NW cor of the lot which 637 Marshall St.
stands; th SE to the NE cor of sd lot; th NE to the NW cor of the lot which 639
Marshall St. stands; th SE along the N line of sd lot to the NE cor of sd lot;
th NE along the SEly line of sd lot to the NW cor of the lot which 645 Marshall
St. stands; th NW to a pt. on line with the NEly line of the lot which 639
Marshall St. stands; th NE along the NWLY line of the lot which 701 Marshall St.
stands to the CL of Hooker St.; th E to the NE cor of sd lot; th due S to the NE
cor of the lot which 705 Marshall St. stands; th S 145' + to cor; th NW to the
cor of the NWly line of the lot which 711 Marshall St. stands; th S along sd
line to the CL of Marshall St.; the NW along sd CL to a pt. on line with the
SEly line of the lot which 640 Marshall St. stands: th S along sd line to the SE
cor; th NW along the N shore Kalamazoo River to the Southern most cor of the lot
which 610 Marshall St. stands; th NW along the S line of sd lot to a pt. on the
CL of Division St.; th SW on sd CL to the intersection of Division and Kalamazoo
St.; th NW on CL of Kalamazoo to a pt. on line with the E line of the lot which
215 Kalamazoo stands; th NE along the E line of sd lot to the NE cor; th NW
along the N line of lots which 215, 209, Kalamazoo St., 308 Fourth St., 309
Fourth and 309 Fourth and 303 Fourth to the NW cor of the lot to which 303
Fourth St. stands; to SW to pt. on CL of Kalamazoo St.; th NW along sd CL to the
shore of Kalamazoo River; th NW along sd shore line to a pt. on line with the E
line of the lot which 222 Marshall St. stands; th NE along sd line to a pt. on
the CL of Marshall St.; the M~V along sd CL to the place of beginning.
(2) Old Town Allegan District: Beg. at the NW cor of Second Street
Bridge; th NW along the N shore of the Kalamazoo River to the SW cor of parcel
305-408; Th N along the W line of sd. parcel to a pt, on CL of Hubbard Street;
th SE along sd CL to a pt. on line with the W line of lot on which 101 Locust
St. stands; th N along sd line to the NW cor of lot on which 113 Locust St.
stands; th NW along the S line of parcel 105-213 and 105-211 to the SW cor of
parcel 105-211; th N to the SE cor of parcel 105-210; th N along the W line of
sd parcel to a pt. on the CL of Trowbridge; th NW along sd CL to a pt. n line
with the W line of lot on which 300 Trowbridge stands; th N along the W line of
sd lot to the NW cor of sd lot; th SE along the W line of parcels 105-203,
105-206, 105-204, to the NE cor of parcel 105-205; the SW along the E line of
parcel 105-205 to a pt, on CL of Trowbridge St.; th SE of CL of sd Street to a
pt on line with the W line of parcel 105-196; the N along the W line of sd
parcel to the NW cor of sd parcel; th SE along the N line of sd parcel to a pt,
on CL of Water St.; the NE along the NW line of parcel 205-044; th SE along the
NE line of parcel 205-044 and 205-043 to the SE cor of 043; th SW along the SE
line of sd parcel to a pt. on CL of Water St.; th SE on sd CL to a pt, on line
with the E line of lots on which 128, 126, 118, 116, 114 and 110 to the NW cor
of parcel 305-014; th SE along the N line of sd parcel to the NE cor of sd
parcel; th S along the E line of sd parcel to the NW cor of parcel 205-113; th E
along the N line of sd parcel to the NE cor of sd parcel; the S along the E line
of sd parcel to a pt. on CL of Hubbard St.; to a pt. on line with the NW line of
lot on which 118 Brady St. stands; th SE along sd line to the NE cor of sd
parcel; th SE along the NE line of sd parcel and the NE line of lot on which 108
Brady St. stands; to the SE cor of sd lot; th SW along the SE line of sd lot to
a pt, on CL of Brady St.; the SE along sd CL to a pt. of intersection of Brady
and State Streets; th SW along CL of State St. to the place of beginning.
(3) Griswold Civic District: Beg. at the SW cor of the lot on which
401 Hubbard St. stands; th NW along W line of sd lot to a pt. on CL of Hubbard;
th SW to a pt. on line with the W line of the lot on which 101 Walnut St.
stands; th NW along sd line to a pt. on CL of Trowbridge St.; th NE along sd CL
to the intersection of sd line with Walnut; th N to a pt. on line with the N
line of lot on which 101 Walnut stands; th SE along the N line of sd lot to the
NE cor; th S along the E line of sd lot to a pt. on CL of Trowbridge St.; th NW
along sd CL to a pt. of intersection of Trowbridge and Walnut; th S along CL of
Walnut to the intersection of sd line and Hubbard St.; th SE along CL of Hubbard
to a pt. on line with the E line of lot of which 327 Hubbard St. stands; th S
along sd line to the shore of Kalamazoo River; th SW along sd shore line to the
SE cor of the lot on which 331 Hubbard St. stands; th SW along the S line of sd
lot and the S line of the lot on which 401 Hubbard St. stands to the place of
beginning.
(4) Pritchard's Overlook District: Beg. at the NE cor of lot 138
Park St. stands; th S along the E line of sd lot, S along E line of lot which
132 and 126 Park St stands to the NW cor of the lot which 9 Park Drive Ct.
stands; th S along the W lie of sd lot to the SW cor of sd lot; th E along the S
line of sd lot to the SE cor of sd lot; th NW along the E line of sd lot to the
NE cor of sd lot; th E along the N line of lots which 116 and 108 Delano to the
shore of the Kalamazoo River; th SE along sd shore line to the NE cor of the lot
which 340 Hastings stands; th S along the E line of sd lot to a pt. on CL of
Hastings St.; th NE to a pt, on line with the NE cor of lot which 410 Walnut
stands; th S along sd lot line to the NW cor of lot on which 240 Monroe St.
stands; th SE along the N line of sd lot to the NE cor of lot on which 226
Monroe St. stands; th S along the E line of sd lot to a pt. on CL of Monroe St.;
th SE along the CL of sd street to the intersection of Chestnut St.; th S to a
pt. on line with the N line of lot on which 324 Chestnut St. stands; th SE along
the E line of sd lot to the NE cor of lot on which 120 Cutler St. stands; th S
along the E line of sd lot to a pt, on CL of Cutler St.; th NW along sd street
to the intersection of Chestnut St.; th SW along CL of Chestnut St. to a pt, on
line with the N line of lot on which 300 Trowbridge St.; th NW along the N line
of lots on which 300, 312, 314, 322, and 330 Trowbridge St. to a pt. on the CL
of Walnut St.; the S along sd CL line to a pt. of intersection of Walnut St. and
Trowbridge St.; th SW along the CL of Trowbridge to a pt. on line with the E
line of lot on which 421 Trowbridge St. stands; th SE along E line of sd lot to
the SE cor of sd lot; the SW along the S line of lot on which 421 Trowbridge St.
stands to a pt. on CL of Cedar St.; th S on sd CL to a pt, of intersection of
Cedar, Hubbard and Ely Streets; th SW along CL of Ely to a pt. on line with the
NE line of lot on which 101 Ely Street stands; th SE along sd lot line to the SE
cor of sd lot; th SW along the lots on which 101 and 111 Ely St. stands to the
SW cor on which 111 Ely St. stands; th NW along the SW line of sd lot to a pt.
on CL of Ely St.; th SW along sd CL to a pt. on line with the NE line of lot on
which 309 Ely St. stands; th SE along the NE line of sd lot to the SE cor of sd
lot; th SW along the S line of sd lot to the SW cor of sd lot; th NW along the
SW line of sd lot to a pt. on CL of Ely St.; th SW on sd CL to a pt, on line
with the NE line of lot on which 405 Ely St. stands; th SE along sd line; th SW
to the SE cor of sd lot; th W to the SW cor; th NW to a pt. on CL of fly St.; th
NE along sd CL to a pt, of intersection of James St. and Ely St.; th NW along CL
of James St. to a pt, on line with the NW line of lots on which 320, 314, 308,
and 302 fly St. stands; th NE along sd line to a pt. on CL of Grove St.; NW on
sd CL to a pt. on line with the SE line of lot on which 122 Grove St stands; th
NE along sd line to the SE cor of sd lot; th NW along the NE line sd lot and 128
Grove to the NE Cor of lot on which 128 Grove St stands; th SW along the NW line
of sd lot to a pt, on CL of Grove; th NW along sd CL to the pt. of intersection
of Academy St. and Grove St.; th NE along CL of Academy St. to a pt, on CL of
vacated Garden St.; th NW along sd CL to apt. on the E line of NE '/4, Sec. 29,
Allegan Township, City of Allegan; th N along sd line to the SE cor of lot on
which 300 Davis St. stands; th SW along the S line of sd lot to a pt, on CL of
Davis St., th N along sd CL to a pt. on line with the N line of lot on which 350
Davis St stands; th E along N line of sd lot to a pt. on CL of Pine St.; th NW
along sd CL to a pt. of intersection of Park, Pine and Delano Streets, the SW
along CL of Delano to a pt. of intersection of Pine and Davis; th N along CL of
Davis to a pt. on line with the S line of lot on which 432 Davis stands; th E
along S line of sd lot to the SE cor of sd lot; th N along the W line of lots on
which 121, 127, 131 and 147 Park St. stands to a pt. on CL of Terrace St.; th E
on sd CL to a pt. of intersection of Park and Terrace; th S along the CL of Park
St. to a pt, on line with the N line on which 138 Park St. stands; th NE along
sd line to the place of beginning.
(5) Brooklyn District: Beg. at the CL of the intersection of Cook
St. and River St.; th NE on CL of Cook St.; th N to a pt. on line with the S
line of lot which 201 Race stands; th W to the SW cor of sd lot; th N to the CL
of Race St.; th W to the CL of River St.; th N to a pt. on line with the S line
of lot which 163 North Street stands; the E to SE cor of sd lot; th N to CL of
North St.; th E to the NW cor of lot which 161 North Street stands; th S to the
SW cor of sd lot; the E to the NE cor of lot which 206 Race St. stands; th S
along sd lot line to the CL of Race St.; th E along CL to the NE cor of lot
which 123 Race stands; th S to the SE cor of sd lot; th W to CL of Cook St.; the
S along CL to a pt. on line with N line of lot which 140 Cook St. stands; th E
along N lot line to the NE cor of sd lot; th S along the NY lot line of lots
which 140 and 134 Cook St stands to the SE cor of sd lot 134 Cook; th W to the
SW cor of sd lot; th SE to the SE cor of lot which 130 Cook St. stands; th SW to
the NE cor of lot which 103 River St stands; th SW to the SW cor of sd lot; the
NW along the NE edge of the Kalamazoo River to the NW cor of lot which 121 River
St. stands; th NE along sd lot line to the CL of River St.; the NE along CL to
place of beginning.
(6) Mill district: Beg at the NW cor of parcel 205-056; th NE along
the S shore of Kalamazoo River to the NE cor of parcel 061-00; th S along the E
line of sd parcel to the SE cor; th SW to the NE cor of parcel 205-060; th SE
along the E line of sd parcel to a pt on CL of Rent St; th NE along sd CL to a
pt on line with the E line of parcel 205-058; th SE along the S line of sd
parcel to the N shore of the Kalamazoo River; th SW along sd shore line to a pt
50+ from the NE cor of Dam; th S parallel to Dam to a pt on the S shore of
Kalamazoo River; th SW along sd shore line to a pt 50+ SW from the SW cor of Dam
on sd shore line; th NW to a pt on the N shore of the Kalamazoo River; th NE
along sd shore line to the SE cor of bridge; th SW along the S line of bridge to
the NW shore; th NE along sd shore line to the SW cor of parcel 205-056; th NW
along the SW line of sd parcel to the place of beginning.
(7) Priest Hill: Beg on CL at the intersection of Grand St and Hill
St; th NW along Hill St; the NE to a pt on the S line of lot which 158 Hill St
stands; th W to the SW corner of sd lot; th NE along the Wry lot line to NW
corner of sd lot; th SE to the NE cor of sd lot; th S along the E line of sd lot
to the NW corner of lot which 337 Grand St stands; th E along the N line of lots
which 337, 355 Grand St to the SE corner of the parcel 280-057; th N to the SW
cor of the lot which 7 Weeks St stands; th NE along the S line of sd lot to the
NW cor of the lot which 5 Weeks St stands; th S along the E line of Lot 355
Grand St. to the CL of Grand St; th SW along the CL of Grand St to a pt on line
with the E line of the lot which 332 Grand St stands; th S along sd lot line to
the SE cor of sd lot; th SW along the N shore of the Kalamazoo River to a pt on
line with the S line of lot which 330 Catherine Ct; th W along sd line to the SW
cor of sd lot; th NW along the W line of sd lot and the W line of lot which 322
Grand St stands to the place of beginning. Excluding parcel 290-017.
(b) The following historic sites are hereby established:
(1) Higinbotham House: 460 North Main. Lots 48 and 49 Ex that pt of
Lot 48 lying E of a lin 6' E and PPL with Creek Green's Addition, Sec 21, T2N,
R13W (86).
(2) Augustus Lilly House: 132 Cora: Lots 40 of HS Higginbotham
Addition.
(3) Ira Chichester House: 139 Cora: Lots 25 to 28 inc also that pt
of SE Y4 Sec 28 com at SW cor lot 25 HS Higginbotham Add the S 35 deg 10' W 131
R the S 46 deg 40' E 174.4 R the W 48 deg E 141.8 R to SE corner lot 27 of sd
add the NWly along SD line of lots 25, 26, and 27 to place of beg the entire
decs being owned and occupied as a single piece of property. HS Higginbotham
Addition.
(4) Lowe House: 632 Grand Street: Beg at a pt on CL of Grand Street
918.5 ft NEly lnters W line Sec 27 the S 10 deg E 240.7 ft the E 221 ft the N
27.25 R the N 85 deg E 24 ft the N 4 deg 15' W 237 R to CL Grand Street the SWly
alg CL of Grand Street 274.5 ft to pi of beg. Being part of lots 18 and 19
Lowe's 2nd Div map.
(5) William Brown House: 800 Ely Street: Beg at a point on the
centerline of fly Street 608.8' NEly of the N E-W 1/8 line thence, NEly on the
centerline of fly St 121' thence S NWly at RT angle to fly St 207' thence N 80
deg 30' W 256' thence SWly PPL to the centerline of fly St to the point of beg.
(6) Oakwood Cemetery Chapel: Oakwood Cemetery, City of Allegan,
within the 800 series at the connection of Booth Street and North side Drive,
Sec. 29, SE 1/4, T2N, R13W.
(7) Henry Hanks House: 535 Ely Street: Beg on centerline of Ely St.
463 ft S 52 deg W from E line Sec the S 40 deg E 458.5 R the S 55 deg W 73.5 ft
the N 40 deg W to Ely St the N 52 Deg E 73.5 R to beg Sec 29 T2N, R13W.
(c) The boundaries of the historic districts and sites, which may encompass one (1) or more zoning uses, shall conform with lot lines, the center lines of streets or alleys, or such lines extended.
(d) The historic districts and sites established herein shall be graphically
designated upon a historic preservation map which shall be on file in the
clerk's office. The map, together with all notations and all other information
shown therein, is hereby incorporated as part of this chapter by reference.
Sec. 13-6. Demolition or moving of historic structures.
The demolition or moving of structures of historic or architectural worth is discouraged. The historic district commission in its discretion may approve or disapprove the demolition or moving of a structure in a historic district or site. The commission shall consider the following factors in exercising its discretion.
(1) Whether the building inspector deems the structure to be a hazard to public safety or health and repairs are impractical.
(2) Whether the structure is a deterrent to a major improvement program which will be of substantial benefit to the community.
(3) Whether retention of the structure would cause undue financial hardship to the owner.
(4) Whether retention of the structure would not be in the interest of the
community as a whole.
Sec. 13-7. Variances.
This procedure which "varies" or changes the literal regulations of the
zoning ordinance. The variance allows a petitioner to request a change in the
regulations when he/she cannot physically meet them. Variances typically deal
with lot sizes, set backs, and height restrictions.
Due to conditions of design and construction in historic neighborhoods where
structures were often built close to the lot lines, it is in the public interest
to retain a neighborhood's historic appearance by making variances which will
not adversely affect neighboring properties. Where appropriate, the historic
district commission may recommend to the planning commission and the zoning
board of appeals that such a variance to standard yard requirements be made.
Sec. 13-8. Exceptions.
Nothing in this chapter shall be construed to prevent ordinary maintenance or
repair of any structure or sign or lawful sale of any property in a historic
district or historic site, nor shall anything in this chapter be construed to
prevent the construction, alteration, repair, moving or demolition of any
structure or sign under a permit issued by the building official prior to
January 14, 1985. Nor shall anything in this chapter be construed to alter,
amend, or delete provisions of other city ordinances or the city Charter
pertaining to the administration, control, ownership, or sale of property owned
by the city.
Sec. 13-9. Appeals.
An applicant aggrieved by a decision of the historic district commission
concerning a permit application 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 sixty (60) days after the
decision is furnished to the applicant.
ARTICLE II. HISTORIC DISTRICT COMMISSION*
Sec. 13-36. Created.
There is hereby created a commission to be called the historic district
commission.
Sec. 13-37. Composition, appointment.
The historic district commission shall consist of seven (7) members,
appointed by the mayor, subject to confirmation by the council. Members shall be
eligible for reappointment.
Sec. 13-38. Qualifications.
The residence of the members of the historic district commission shall be
located in the city. A majority of the members shall have a clearly demonstrated
interest in or knowledge of historic preservation. Of the seven (7) members, at
least two (2) are to be selected from a list submitted by the Allegan Historic
Society, one (1) shall be a member of the city planning commission, one (1)
shall be a member of the council, two (2) shall be at-large members, and one (1)
shall be an architect registered in the state if available for appointment. If a
registered architect is not available for appointment, a third at-large member
shall be appointed in lieu thereof. A registered architect may be consulted when
the commission must deal with technical terms.
Sec. 13-39. Terms.
Members on the historic district commission shall be appointed for three-year
terms, except that the initial appointment shall be as follows: three (3)
commissioners for three-year terms; two (2) commissioners for two-year terms;
two (2) commissioners for a one-year term.
Sec. 13-40. Filling vacancies.
Interim vacancies on the historic district commission shall be filled by
appointment by the mayor, subject to confirmation by the council, for completion
of the unexpired term. A vacancy on the commission shall be filled within sixty
(60) calendar days by an appointment made by the mayor and confirmed by the
council.
Sec. 13-41. Operating rules.
(a) The historic district commission shall elect its own chairperson,
vice-chairperson, and secretary-treasurer whose terms of office shall be one (1)
year.
(b) The chairperson shall preside over the historic district commission and
have the right to vote. The vice-chairperson shall perform the duties of
chairperson in his absence. The secretary-treasurer shall keep an accurate
record of the proceedings of the commission and shall forward a copy of the
minutes of each commission meeting to the city clerk and ail members of the
commission within ten (10) days after such meeting.
(c) The historic district commission shall meet at least quarterly and at the
call of the chairperson or secretary-treasurer whenever matters are referred to
it by the building official and whenever the chairperson or secretary-treasurer
calls a special meeting.
(d) At least four (4) members of the historic district commission shall
constitute a quorum for the transaction of business. The commission shall adopt
rules for the transaction of business which shall provide for the time and place
of holding meetings. All meetings of the commission shall be held in compliance
with the open meetings act, Act No. 267 of the Public Acts of 1976, as amended,
being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of
the time, date and place of the meeting shall be given in the manner required by
Act No. 267 of the Public Acts of 1976, as amended. 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. Any person or their duly constituted
representative shall be entitled to appear and be heard on any matter before the
commission before it reaches a decision.
(e) This historic district commission shall keep a record, which shall be
open to public view, of its resolutions, proceedings and actions, in compliance
with the freedom of information act, Act No. 442 of the Public Acts of 1976, as
amended, being Sections 15.231 and 15.246 of the Michigan Compiled Laws. The
majority vote of the members present shall constitute approval of plans before
it for review and for the adoption of any resolution, motion, or other action of
the commission. The commission shall submit an annual report of its activities
and meeting minutes to the council. The annual report shall include the number
of applications reviewed for certificates of appropriateness, new districts or
sites approved, a summary of National Register activity, and review of any
sub-grant activities.
(f) If a historic district commission member has more than three (3)
unexcused absences in a calendar year, the commission may recommend to council
the dismissal of that member.
(g) In the event that any member of the historic district commission shall have a personal interest of any kind in a matter then before the commission, he or she shall disclose his or her interest and may be disqualified from voting upon the matter, and the secretary shall so record in the minutes that no vote was cast by such member.
Secs. 13-42-13-55. Reserved.
ARTICLE III. ADMINISTRATION AND ENFORCEMENT*
Sec. 13-56 Duties and powers of historic district commission.
The duties and powers of the historic district commission shall be as
follows:
A permit shall be obtained before any work affecting the exterior appearance
of a resource is performed within a historic district. The applicant to do the
work shall file an application for permit with the building official. If the
building official determines that the application requires approval by the
commission, the application shall be referred to the commission, together with
all supporting material that make the application complete to the commission. A
permit shall not be issued and proposed work shall not proceed until the
commission has acted on the application by issuing a certificate of
appropriateness or a notice to proceed. (Ordinary maintenance and ordinary
landscaping shall not be subject to the review and approval of the commission.)
(2) The commission shall have the power to consult with experts when
necessary to aid in its deliberations.
(3) Upon the finding by and recommendation of the commission that a historic
resource within a historic district is threatened with demolition by neglect,
which means neglect in maintaining, repairing or securing a resource or the less
of structural integrity of the resource, the council may do either of the
following:
Require the owner of the resource to repair all conditions contributing
demolition by neglect.
If the owner does not make repairs within a reasonable time, the building
official or his 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 local unit as a special assessment
against the property. The building official or his agent may enter the property
for purposes of this section upon obtaining an order from the circuit court.
(4) The commission may delegate the issuance of certificates of
appropriateness for specified minor classes of work to the building official.
The commission shall provide to the building official specific written standards
for issuing certificates of appropriateness. The commission shall review the
certificates of appropriateness on at least a quarterly basis.
(5) 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, as prescribed by the commission, the council 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 court,
the building official or his 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, the building official or his
agents may enter property for purposes the section.
(6) The commission shall review and act upon only the exterior features of a
resource the commission considers valuable to the city, state or nation, and the
commission determines that the alteration or loss of that resource will
adversely affect the public purposes of the city, state or nation, the
commission shall attempt to establish with the owner of the resource an
economically feasible plan for preservation of the resource.
(7) Work within a historic district shall be permitted through the issuance
of a notice to proceed by the commission if any of the following conditions
prevail and if the proposed work can be demonstrated by a finding of the
commission to be necessary to substantially improve or correct any of the
following conditions:
a. The resource constitutes a hazard to the safety of the public or to the
structure's occupants.
b. The resource is a deterrent to a major 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.
c. Retaining the resource will 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.
d. Retaining the resource is not in the interest of the majority of the
community.
(8) Local public officials and employees shall provide information and
records to committees, commissions, and standing committees, and shall meet with
those bodies upon request to assist with their activities.
(9) The historic district commission or duly appointed committee shall
prepare and keep current an inventory of the historic sites and buildings in the
city which, in its judgement, have such historical value as to warrant
preservation, to publish such inventory, and to cooperate with the owners of
such sites and buildings in devising and carrying out appropriate means for
their preservation; including, but not limited to, consideration for National
Register nomination, and inclusion in or creation of a historic district or
site, subject to the provisions contained in section 13-60 of this article.
Sec. 13-57. Preservation standards.
The standards (Department of Interior Regulations, 36 CFR 67), pertain to historic buildings of all materials, construction types, sizes and occupancy and encompass the exterior related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features of architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property [that] shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(7) Chemical and physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(11) Every reasonable attempt shall be made to preserve structures in a manner which requires minimal alteration to original building design.
(12) Construction or modification work shall not, except where necessary for purposes of safety or efficiency, nullify the distinguishing qualities of the property and its environment. The removal or alteration of architectural features of special historical significance shall be held to a minimum.
(13) Deteriorated architectural features shall be repaired rather than replaced whenever possible. Repaired or replaced features shall duplicate original features.
(14) New development, including exterior remodeling, shall:
a. Respect the architectural and structural integrity of the historic district or site in which work is undertaken through sympathetic use of style, material and color;
b. Respect the appearance of the street scape as a whole by harmonizing the design and appearance of the facades of individual structures within the overall design and appearance of the street scape.
(15) Unpainted aluminum and exposed concrete masonry, other than masonry foundations, which are not characteristic of historic districts and sites identified in this chapter are prohibited.
(16) The replacement of lost architectural features with the original feature or features similar to the original shall be strongly encouraged.
(17) The height, bulk and character of new structures shall be visually
compatible with adjacent structures, as defined by the city zoning ordinance.
Sec. 13-58. Regulations for proposed exterior signs.
All proposed exterior signs in an historic district or site shall be subject to approval by the historic district commission and shall be governed by the following regulations: (1) All signs are subject to the provisions of chapter 23.
(2) To ensure that the scale, shape and type of signs are consistent with the character of the historic district or site, the following sign standards shall govern:
a. Message-permitted signs shall be restricted to those signs which identify the name of the establishment and/or the primary business or service provided within it. Advertising relating to businesses or services not provided on the premises shall be prohibited, unless at the discretion of the historic district commission, such advertising is historically appropriate. In the case of buildings occupied by professional offices, signs may list occupants.
b. Internally lit signs, flashing signs and signs that otherwise appear to be in motion are prohibited. Banners and flags bearing emblems, symbols or messages shall be permitted on an interim basis and annually reviewed to ensure their sightly appearance.
c. Signs shall not be placed so as to conceal or disfigure any architectural
feature of a building. The style and size of all signs shall be visually
compatible with the buildings on which they are attached. Painted and metal
signs, wood signs, glass signs, and signs painted on masonry and other materials
approved by the commission are permitted.
Sec. 13-59. Programs and information.
(a) The historic district commission may recommend to the council the establishment of incentive programs to encourage preservation of historic structures and an appropriate system of markers for historic structures and areas; advise owners or residents of historically or architecturally significant structures or areas of problems, techniques and resources regarding historic preservation; make recommendations concerning the preparation of maps, brochures and descriptive material about structures and areas of historic or architectural significance; and promote the public interest in historic preservation by carrying on a public information program.
(b) The commission shall make available to the general public information on
the nomination process and selection criteria for the National Register program.
When a resource is considered for nomination, the commission shall provide
opportunity for public comment at a regular or special commission meeting to
review the same. Written notice will be mailed to the property owner providing
date, time, and place of meeting in compliance with P.A. 267 of 1976. The
commission shall then be responsible for preparing a report stating which, if
any, of the National Register's selection criteria are met by the resource, and
if it meets the Register's standards of integrity. This report will be mailed to
the state historic preservation office and to the property owner within sixty
(60) days after receipt of the nomination, along with the mayor's personal
recommendation.
Sec. 13-60. Boundaries of district; changes or additions to districts
or sites.
(a) The council, with recommendation from the commission, 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 a historic district, a historic
district study committee appointed by the council shall, except as provided in
subsection (b), comply with the procedures set forth in section (3) of the State
Enabling Statute and shall consider any previously written committee reports
pertinent to the proposed action. To conduct these activities, council may
retain the initial committee, establish a standing committee, or establish a
committee to consider only specific proposed districts and then be dissolved.
(b) If considering elimination of a historic district, a committee shall
follow the procedures set forth in section (3) of the State Enabling Statute for
issuing a preliminary report, holding a public hearing and issuing a final
report but with the intent of showing one (1) or more of the following:
(1) The historic district has lost those physical characteristics that
enabled establishment of the districts.
(2) The historic district was not significant~cant in the way it was defined.
(3) The historic district was established pursuant to defective procedures.
(c) Upon receipt of submittal evidence showing the presence of historic,
architectural, archaeological, engineering, or cultural significance of a
proposed historic district, the council may, at its discretion, adopt a
resolution requiring that all applications for permits within the proposed
historic district be referred to the commission as required in this chapter. The
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
(1) year, or until such time as the City of Allegan approves or rejects the
establishment of the historic district by ordinance, whichever occurs first.
(d) If the council determines that pending work will cause irreparable harm
to historical resources located within an established or proposed historic
district, the council may by resolution declare an emergency moratorium of all
such work for a period not to exceed six (6) months. The council may extend the
emergency moratorium for an additional period of six (6) months upon finding
that the threat o~ irreparable harm to resources is still present. Any pending
permit application concerning a resource subject to an emergency moratorium may
be summarily denied.
Sec. 13-61. Acceptance of gifts, grantings, loans and aid.
The council may accept state and federal grants for historic preservation
purposes, may participate in state and federal programs that benefit historic
preservation, and may accept public or private gifts for historic preservation
purposes. The council may make the historic district commission, a standing
committee, or other agency its duly appointed agent to accept and administer
grants, gifts and program responsibilities. Title to any property interest
acquired under this section shall be invested in the city and all monies
deposited with the city treasurer.
Sec. 13-62. Powers of acquisition and resale of property.
The historic district commission and council shall have the following powers
with regard to acquisition and resale of property.
(1) If all efforts by the historic district commission to preserve a resource fail, or if it is determined by the council that public ownership is most suitable, the council, if considered to be in the public interest, may acquire the resource using public funds, public or private gifts, grants or proceeds from the issuance of revenue bonds.
(2) The acquisition shall be based upon the recommendation of the commission.
(3) The commission is responsible for maintaining publicly owned resources using its own funds, if not specifically designated for other purposes, or public funds committed for that use by the council.
(4) Upon recommendation by the commission, the city may sell resources acquired under this section, with protective restrictions included in the property transfer documents.
(5) Upon recommendation by the commission, the council may use the
expenditure of funds under this section. Also, sums received from the resale of
such property may, with the approval of the council, be budgeted for the
acquisition of and restoration, maintenance and resale of additional historic
property as provided in this chapter.
Sec. 13-63. Appropriations; expenditures.
There shall be appropriated in the annual budget of the city the sum of money
necessary for the administration and enforcement of this chapter and the
fulfillment of the duties of the historic district commission. The money shall
be expended and accounted for in accordance with the Charter and the Uniform
Budgeting and Accounting Act (MCL 141.421 et seq., MSA 5.3228(21) et seq.).
Secs. 13-64 --- 13-75. Reserved.
ARTICLE IV. APPLICATION AND REVIEW PROCEDURES
Sec. 13-76. Filing of Application with building official.
Application for a building permit to construct, liter, repair, move or demolish any structure or sign in a historic district or historic site shall be made to the building official on forms provided by the office of the building official. No building permit applicable to structures or signs in a historic district or site shall be granted by the building official until the applicant has first received favorable action by the historic district commission on the application seeking the permit. The application shall contain the following information:
(1) Name, address and phone number of applicant;
(2) Address of property affected;
(3) Description of proposed construction, alteration, repair, movement or demolition; (4) Indication of existing and proposed structural materials;
(5) Drawings showing the structure or sign in question and its relation to existing structures;
(6) Drawings showing elevations of existing and proposed exterior features;
(7) All applications for approval of a proposed sign shall indicate sign location, size, materials, colors, letter style, hanging device and exterior illumination method, if any;
(8) Any other information, as in the opinion of the commission, required in
order to enable proper view of the application.
Sec. 13-77. Notification of historic district commission.
Upon the filing of the application under section 13-76, the building official
shall immediately notify the historic district commission of the receipt of the
application and shall transmit it, together with accompanying plans and other
information, to the commission.
Sec. 13-78. Meeting of commission to review plan.
The historic district commission shall meet within thirty (30) days after
notification by the building official of the filing of the application, unless
otherwise mutually agreed upon by the applicant and the commission, and shall
review the plans according to the duties, powers and preservation standards
specified herein. In reviewing the plans, the commission may confer with the
applicant for the building permit, the building official, and/or the city
planning commission.
Sec. 13-79. Approval or disapproval of application.
(a) The historic district commission shall approve or disapprove the
application and, if approved, shall issue a certificate of approval, which is to
be signed by the chairperson or vice-chairperson, attached to the application
for the building permit and immediately transmitted to the building official.
The chairperson shall also stamp all plans submitted along with the application,
signifying approval or disapproval of the plans.
(b) If the historic district commission disapproves the application, it shall
state its reasons for doing so and shall transmit a record of such action and
reasons therefore in writing to the building official and to the applicant. The
commission shall advise what it feels is proper when it disapproves the plans
submitted. The applicant, if desired, may make modifications to the plans and
shall have the right to resubmit the application at any time after so doing. If
the certificate of approval is not issued by the commission, the building
inspector shall disapprove the application for the building permit and shall not
issue the permit.
(c) The failure of the historic district commission to approve, conditionally
approve, or disapprove an application within thirty (30) days from the date of
the application for the building permit, unless otherwise mutually agreed upon
by the applicant and the commission, shall be deemed to constitute approval, and
the building official shall proceed to process the application without regard to
a certificate from the commission.
Sec. 13-80. Inspection.
After the certificate of approval has been issued and the building permit
granted to the applicant, the building official or his representatives shall
inspect the construction, alteration, repair, demolition or movement approved by
the certificate, in accordance with the procedures established by the city.
Sec. 13-81. Waiting period for demolition.
In cases where approval of demolition is granted for reasons other than
public safety and health, such certificate of approval shall not become
effective until sixty (60) days after the date of issuance, in order to provide
a period of time within which it may be possible to relieve a hardship or
transfer the property to another owner who will retain the structure. At the
discretion of the historic district commission, this waiting period may be
waived. During this sixty-day period the commission shall have the privilege of
publicizing the imminent destruction of the structure, and may make an effort to
find a purchaser interested in preserving the property. If the commission fails
to find such a purchaser, the commission may then recommend that the city
purchase the property. Conclusive action must be taken within the sixty-day
period.
Sec. 13-82. Notification of Allegan Historical Society of impending
demolition.
If the historic district commission grants a permit for demolition, it shall
notify the Allegan Historical Society so that the Allegan Historical Society may
consult with the owner about obtaining anything of historical significance from
the property. (Ord. No.
Secs. 13-83--13-89. Reserved.
Sec. 13-90, Penalty.
(a) Unless a section in this chapter specifically provides otherwise, a first violation of any provision of this chapter, by any person, is a municipal civil infraction which shall, upon a determination of responsibility, be punishable by a fine not less than fifty dollars ($50.00).
(b) Unless a section in this chapter Specifically provides otherwise, a
second violation of any provision of this chapter, by any person, is a municipal
civil infraction which shall, upon a determination of responsibility, be
punishable by a fine not less than one hundred fifty dollars
(c) Unless a section in this chapter specifically provides otherwise, a third
violation of any provision of this chapter, by any person, is a municipal civil
infraction which shall, upon a determination of responsibility, be punishable by
a fine not less than three hundred dollars (300.00).
(d) In addition to a fine, a person determined to be responsible for a municipal civil infraction under this chapter shall be assessed the cost of prosecution of not less than nine dollars ($9.00) but not to exceed five hundred dollars ($500.00).
(e) The fourth and any subsequent violation of any provision of this chapter,
by any person, ia a misdemeanor which shall, upon conviction, be punishable in
accordance with section 1-13 of this code.
(f) In addition to the penalties provided by this section, the district court
shall have equitable jurisdiction to enforce any judgment, writ, or order
necessary to enforce any provision, the violation of which is a municipal civil
infraction, including, but not limited to, abatement of the violating condition
or the granting of any injunctive relief.
*Editor's note-Ord. No. 304, adopted Dec. 27, 1994, repealed Ch. 13, ss 13-1--13-9, 13-36--13-41, 13-5ss-13-63, 13-76--13-82, which pertained to historic preservation, and enacted in lieu thereof a new Ch. 13 to read as herein set out. Prior to repeal, former Ch. 13 derived from Ord. No. 210, ss1--3, 5--13, adopted Jan. 14, 1985.