Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven 5-25-1995 by Ord. No. 254. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 160.
Unsafe buildings, structures and fences — See Ch. 168.
Engineering standards — See Ch. 235.
Housing and property maintenance — See Ch. 304.
Zoning — See Ch. 515.

§ 300-1 Purpose.

The Village of New Haven hereby declares historical preservation to be a public purpose which the Village of New Haven desires to foster and promote. Pursuant to the provisions of Act No. 169 of the Public Acts of 1970,[1] as amended, the Village Council of the Village of New Haven promulgates and adopts the within chapter to regulate the construction, alteration, repair, moving and demolition of historic and nonhistoric structures located within the Historic District established by this chapter. The purposes of this chapter shall be to:
A. 
Safeguard the heritage of the Village of New Haven by preserving a district in the Village of New Haven which reflects elements of the Village of New Haven's cultural, social, economic, political or architectural history.
B. 
Stabilize and improve property values in the Historic District established by this chapter.
C. 
Foster civic beauty.
D. 
Strengthen the local economy.
E. 
Promote the use of historic districts for the education, pleasure and welfare of the citizens of the Village of New Haven and the State of Michigan.
[1]
Editor's Note: See MCLA § 399.201 et seq.

§ 300-2 Establishment of Historic District.

Pursuant to the provisions of Act No. 169 of the Public Acts of 1970, as amended, the Village of New Haven hereby designates and establishes as an Historic District the lands and properties in the Village of New Haven as set forth and described in Exhibit A, which is attached hereto and made an integral part of this chapter.[1]
[1]
Editor's Note: Exhibit A is on file in the Village offices.

§ 300-3 Regulation of structures located within Historic District.

No structure shall be constructed, altered, repaired, moved or demolished in the Historic District established by this chapter unless such construction, alteration, repairing, moving or demolition complies with the requirements set forth in this chapter. Nothing in this chapter shall be construed to prevent ordinary maintenance and repair or to prevent or regulate the painting of the exterior of any structure within the Historic District established by this chapter. In addition, nothing in this chapter shall be construed to prevent construction, alteration, repair, moving or demolition of any structure under a permit issued by the Building Inspector of the Village of New Haven prior to the passage and adoption or the effective date of this chapter.

§ 300-4 Historic District Commission.

A. 
Creation of Historic District Commission. In order to execute and carry out the purposes of this chapter, there is hereby created a commission to be called the “Historic District Commission.”
B. 
Membership of Historic District Commission; appointment; terms of office; filling of vacancies; removal from office. The Historic District Commission created by this chapter shall consist of the members of the Planning Commission of the Village of New Haven. Members of the Historic District Commission may be removed from office for cause by the President of the Village of New Haven with the consent of the Village Council upon written charges and after a public due process hearing.
C. 
Meetings of Historic District Commission. The business which the Historic District Commission may perform under this chapter and pursuant to Act No. 169 of the Public Acts of 1970, as amended,[1] shall be conducted at a public meeting of the Historic District Commission held in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of 1976, as amended.[2] Public notice of the time, date and place of the meetings of the Historic District Commission shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
[1]
Editor's Note: See MCLA § 399.201 et seq.
[2]
Editor's Note: See MCLA § 15.261 et seq.
D. 
Records of the Historic District Commission. The Historic District Commission shall keep a record of its resolutions, proceedings and actions. A writing prepared, owned, used, in the possession of, or retained by the Historic District Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Act No. 442 of the Public Acts of 1976, as amended.[3]
[3]
Editor's Note: See MCLA § 15.231 et seq.
E. 
Rules and standards. The Historic District Commission shall adopt its own rules of procedure and shall adopt design review standards for structure treatment to carry out its duties under this chapter and under Act No. 169 of the Public Acts of 1970, as amended.
F. 
Election of Chairperson and Vice Chairperson. The Historic District Commission shall elect from its membership a Chairperson and a Vice Chairperson, who shall serve in such capacities for the term as fixed by the Historic District Commission. The Chairperson shall preside over the Historic District Commission and shall chair the meetings of the Historic District Commission. The Chairperson shall have the right to vote on all matters coming before the Historic District Commission unless precluded by law. The Vice Chairperson shall, in the absence or disability of the Chairperson, perform the duties and functions of the Chairperson.
G. 
Quorum and voting requirements; special meetings. Five members of the Historic District Commission shall constitute a quorum for the transaction of business at a meeting of the Historic District Commission. No motion or resolution shall be adopted or passed, nor shall any other official action be taken by the Historic District Commission, except by the affirmative vote of at least five members of the Historic District Commission. Special meetings of the Historic District Commission may be called by the Chairperson or by at least five of the members of the Historic District Commission.
H. 
Annual report of Historic District Commission. The Historic District Commission shall prepare and submit to the President and the Village Council of the Village of New Haven an annual report which shall detail and describe the activities of the Historic District Commission during the previous year.
I. 
Funding; budget. The Village Council of the Village of New Haven may allocate Village funds to be used by and administered by the Historic District Commission. The Historic District Commission shall prepare and submit to the Village Council an annual budget, which shall be subject to the review and approval of the Village Council. The annual budget of the Historic District Commission shall be submitted to the Village Council as required by the Village Charter and as prescribed by the Village Council. All funds and accounts of the Historic District Commission shall be audited on an annual basis as part of the annual audit procedure of the Village of New Haven.

§ 300-5 Construction, alteration, repair, moving or demolition of structure within Historic District; review by Historic District Commission.

A. 
Application for permission; review by Historic District Commission. Before construction, alteration, repair, moving or demolition affecting the exterior appearance of an historic or nonhistoric structure is done within the Historic District, for which a permit is required under the ordinances and laws of the Village of New Haven, the person, individual, firm or corporation proposing to do such construction, alteration, repair, moving or demolition shall first file with the Village of New Haven an application for permission. The application for permission, together with plans pertaining to the application for permission, shall be referred by the Village to the Historic District Commission within seven business days after receipt by the Village. The Historic District Commission shall review the application for permission, together with all plans and documentation accompanying such application for permission. A permit for the proposed construction, alteration, repair, moving or demolition shall not be granted by the Village until the Historic District Commission has acted on the application for permission as prescribed in this chapter and as provided in Act. No. 169 of the Public Acts of 1970, as amended. If the ordinances and laws of the Village of New Haven do not require the taking out of a permit for the proposed construction, alteration, repair, moving or demolition, then application for permission shall be made directly to the Village Council of the Village of New Haven, which shall refer the application for permission, together with any plans or other documentation pertaining to the application for permission, to the Historic District Commission for review. All applicants submitting an application for permission shall also submit plans showing the structure in question and indicating how the proposed construction, alteration, repair, moving or demolition would change or affect the structure in question. Notwithstanding any other terms or provisions of this chapter, it is expressly provided herein that the painting of the exterior of any structure located within the Historic District shall not be subject to regulation or control under this chapter and shall not require the filing of an application for permission with respect thereto and shall not require the issuance of a certificate of approval from the Historic District Commission under the provisions and requirements of this chapter.
B. 
Considerations on review by Historic District Commission. In reviewing an application for permission and plans submitted under this chapter, the Historic District Commission shall consider the following:
(1) 
The historical or architectural value and significance of the structure and its relationship to the historical value of the surrounding area.
(2) 
The relationship of the exterior architectural features of the structure to the rest of the structure and to the surrounding area.
(3) 
The general compatibility of the exterior design, arrangement, texture and materials proposed to be used, excluding any consideration with respect to the painting of the exterior of the structure.
(4) 
Other factors, including aesthetic value, which the Historic District Commission considers pertinent, but expressly excluding any consideration with respect to the painting of the exterior of the structure.
C. 
Review limited to exterior features of structure. The Historic District Commission shall consider only exterior features of a structure, excluding the painting of the exterior of a structure, and shall not consider interior arrangements unless such interior arrangements shall affect or impact upon the exterior features of the structure.
D. 
Plan for preservation of structure. If an application for permission is for repair or alteration affecting the exterior appearance of a structure or if an application for permission is for the moving or demolition of a structure which the Historic District Commission considers so valuable to the Village of New Haven, State of Michigan or the nation that its loss adversely affects the public purpose of the Village of New Haven, State of Michigan or the nation, the Historic District Commission shall attempt to establish with the owner of the structure an economically feasible plan for preservation of the structure.
E. 
Grounds for approving application for permission. An application for permission for repair or alteration affecting the exterior appearance of an historic or nonhistoric structure within the Historic District, or for moving or demolition of the structure, shall be approved by the Historic District Commission if any of the following conditions prevail and if, in the opinion of the Historic District Commission, the proposed changes will materially improve or correct these conditions:
(1) 
The structure constitutes a hazard to the safety of the public or to the structure's occupants.
(2) 
The structure is a deterrent to a major improvement program which will be of substantial benefit to the community.
(3) 
Retention of the structure will cause undue financial hardship to the owner.
(4) 
Retention of the structure is not in the interest of the majority of the community.
F. 
Review procedure.
(1) 
The Historic District Commission shall meet within 14 days after receiving notification from the Village and/or the Village Council that an application for permission and plans relating thereto have been submitted and filed by an applicant under this chapter, unless otherwise mutually agreed upon by the applicant and the Historic District Commission. The Historic District Commission shall review the application for permission and the plans relating thereto in accordance with the duties and powers conferred upon the Historic District Commission under this chapter and under Act No. 169 of the Public Acts of 1970, as amended.[1] In reviewing an application for permission and plans relating thereto, the Historic District Commission may confer with the applicant and shall have the authority to consult with experts to aid in its deliberations, within budget constraints, and shall also be permitted to consult with the President, the Village Council, the Planning Commission, the Village inspectors, and the various department heads of the Village of New Haven.
[1]
Editor's Note: See MCLA § 399.201 et seq.
(2) 
The Historic District Commission shall act upon an application for permission and plans relating thereto within 60 days after the date of such application for permission, unless an extension is agreed upon mutually by the applicant and the Historic District Commission. Upon reviewing an application for permission and plans relating thereto, the Historic District Commission shall vote to either approve or disapprove said application for permission in accordance with the review requirements and guidelines set forth in this chapter. The Historic District Commission shall reduce its decision of approval or disapproval to writing, which such writing shall state the reasons for the action taken by the Historic District Commission. A copy of such written decision and the reasons in support thereof shall be filed with the Village of New Haven within five business days after the Historic District Commission's action. The Historic District Commission shall also furnish to the applicant a copy of such written decision and the reasons in support thereof within five business days after the Historic District Commission action. The written decision and the reasons in support thereof required of the Historic District Commission herein shall be called a certificate of approval or a certificate of rejection, as the case may be.
(3) 
The Historic District Commission shall also file with the Building Inspector of the Village of New Haven or other duly delegated authority its certificate of approval or certificate of rejection with respect to any application for permission and plans relating thereto which have been submitted to the Historic District Commission for its review. No work shall begin until the certificate is filed, but in the case of rejection, the certificate is binding on the Building Inspector or other duly delegated authority and no permit shall be issued in such case.
(4) 
Upon issuing a certificate of rejection, the Historic District Commission may advise the applicant what the Historic District Commission would consider proper and/or acceptable to the Historic District Commission with respect to an application for permission and plans relating thereto. In such case, the applicant may make modifications to the applicant's application for permission and plans relating thereto and said applicant shall have the right to resubmit its modified application for permission and plans relating thereto to the Historic District Commission for its review and action under this chapter.
(5) 
All meetings and deliberations of the Historic District Commission shall be open to the public and any person or such person's duly constituted representative shall be entitled to appear before the Historic District Commission and be heard on any matter coming before the Historic District Commission before the Historic District Commission reaches a decision thereon.
(6) 
The failure of the Historic District Commission to act within 60 days after the date of an application for permission filed with it shall be deemed to constitute approval of such application for permission, unless an extension is agreed upon mutually by the applicant and the Historic District Commission.
(7) 
The Historic District Commission shall not disapprove an application for permission due to considerations not prescribed in § 300-5B of this chapter.
(8) 
A building permit or other permit for the construction, alteration, repair, moving or demolition of a structure shall not be issued to an applicant until a certificate of approval with respect thereto has been issued by and filed by the Historic District Commission in accordance with the requirements of this chapter.

§ 300-6 Appeal of decision of Historic District Commission.

Any persons jointly or severally aggrieved by a decision of the Historic District Commission shall have the right to bring such matter before the Village Council for such relief as may be granted by the Village Council as provided by state statutes or local ordinances. In addition thereto, all such persons shall have the same rights of appeal concerning the decision as are granted to an applicant aggrieved by a decision of a zoning board of review under Michigan law.

§ 300-7 Acquisition of historic structures by Village; maintenance of publicly owned historic structures.

If all efforts by the Historic District Commission to preserve an historic structure fail, or if it is determined that public ownership is most suitable, the Village Council of the Village of New Haven, if deemed to be in the public interest, may acquire such property using public funds, gifts for historical purposes, grants from the state or federal governments for acquisitions of historic properties, or proceeds from revenue bonds issued for historical purposes. Such acquisitions shall be based on the recommendation of the Historic District Commission. The Historic District Commission has responsibility for the maintenance of publicly owned historic structures using its own funds, if not specifically earmarked for other purposes, or those public funds committed for such use by the Village Council of the Village of New Haven.

§ 300-8 Grants and gifts.

The Village Council of the Village of New Haven may accept grants from the state or federal governments for historical restoration purposes. The Village Council may accept public or private gifts for historical purposes. The Village Council may, by official resolution and motion, make the Historic District Commission its duly appointed agent to accept and administer grants and gifts for historical preservation purposes.

§ 300-9 Yard variances.

Due to peculiar conditions or design and construction in historic neighborhoods where structures were often built close to lot lines, it may be in the public interest to retain a neighborhood's historic appearance by making and/or granting variances to normal yard requirements. Where it is deemed that such variances will not adversely affect neighborhood properties, the Historic District Commission may recommend to the Zoning Board of Appeals that such variances to standard or normal yard requirements be made; any such recommendations made by the Historic District Commission to the Zoning Board of Appeals shall merely be advisory in nature and shall in no way restrict the duties, powers or authority of the Zoning Board of Appeals in such matters.

§ 300-10 Authority of Village.

Nothing contained in this chapter shall be construed as a limitation on the power and authority of the Village of New Haven to take reasonable and necessary actions to promote and protect the public health, safety and welfare with respect to structures located within the Village of New Haven.

§ 300-11 Automatic expiration of ordinance unless ratified and affirmed by City Council within one year after effective date.

It is expressly provided that this chapter shall remain in effect for a period of one year from and after the effective date of this chapter, to wit, until the 25th day of May, 1996, at which time this chapter shall automatically expire and cease to be of any further effect unless, prior to the expiration of said one-year period, the Village Council shall adopt an ordinance ratifying and affirming the within chapter, in which case this chapter shall then continue to remain in effect beyond the expiration of said one-year period until and unless this chapter is otherwise repealed or amended by the Village Council of the Village of New Haven.