[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 10-2-1995 by Ord. No. 241 (Ch. 42, Art. II, of the
2000 Code of Ordinances). Amendments noted where applicable.]
The purposes of this chapter are to:
A.
Safeguard the heritage of the Village by preserving landmarks and
sites which reflect elements of the Village's cultural, social,
economic, political or architectural history;
B.
Stabilize and improve property values;
C.
Foster civic beauty;
D.
Strengthen the local economy;
E.
Identify and promote the use of historic resources for the education,
pleasure and welfare of citizens of the Village;
F.
Provide advice and/or management of public historical properties
and resources; and
G.
Unify historic preservation efforts in this area.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any construction which increases the height or floor area
of or adds to an existing district resource.
Construction, replacement or remodeling within or to a district
resource, resulting in exterior change to the structural parts, the
location of openings or the location or appearance of the district
resource, but not increasing the overall dimensions.
The destruction, in whole or in part, of a district resource.
A geographically defined area including a landmark or a group
of landmarks or property which will become a landmark if the necessary
written consent is given by the owners, created by the Village Council
for the purpose of historic preservation. The Village Council may
establish more than one such historic conservation district. Landmarks
within the boundaries of an historic conservation district are related
by historical, architectural or archaeological significance. For the
purpose of clarification, however, an historic conservation district
may also consist of a single landmark unrelated to its surroundings
in historical, architectural or archaeological significance, if so
designated.
The member body created by the Village Council for the purpose
of fulfilling the purpose of this chapter.
The protection, reconstruction, rehabilitation, repair or
restoration of landmarks of historical, architectural or archaeological
significance.
A site, building, structure, object, open space or feature
to be found individually or in a related group within an historic
conservation district.
SITEA landmark related to important historical events, a prehistoric or historic occupation, activity, institution or historic architectural landmark or organization, or an architectural landmark that is ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing architectural landmarks. Examples: historic marker, commemorative plaque, archaeological site.
BUILDINGA residential, commercial, industrial or institutional landmark created to shelter any form of human activity. Examples: house, courthouse, jail, barn, church, theater, hospital, office building.
STRUCTUREA landmark made up of interdependent and interrelated parts in a definite pattern of organization, often reflective of an engineering design. Examples: bridge, dam, water tower, bell tower.
OBJECTA landmark of functional, aesthetic, cultural, historical, architectural, archaeological or scientific value that may by nature of design be movable yet related to a specific setting or environment. Examples: statue, fountain, lighting fixture, sign, sundial.
OPEN SPACEA prominent or distinctive aspect, quality or characteristic of an historic conservation district. Examples: landscaped boulevard, brick paving, tree-lined street.
Planned landmarks that are to be constructed or placed within
a designated historic conservation district. Such planned new construction,
because it will have a significant effect on the overall appearance
of an historic conservation district and because it will play a role
in the evolutionary growth of an historic conservation district's
streetscape, shall be treated as historic by the Commission the same
as older, existing landmarks.
The act or process of applying measures designed to affect
the physical condition of a landmark by defending or guarding it from
deterioration, loss or attack, or to cover or shield it from danger
or injury.
The process of reproducing by new construction the exact
form and detail of a vanished landmark, or part of such landmark,
as it appeared at a specific time.
The revitalization of a landmark through the introduction
of modern mechanical systems, structural elements and decorative features.
Such modern improvements, however, should be sympathetic to the landmark's
original style, size, color and texture, and should be reversible.
The maintenance of or the return to a state of utility of
a landmark.
The process of accurately recovering the form and detail
of a landmark as it appeared at a particular period of time by removing
later work, replacing missing elements, and enhancing original work.
A.
An Historic Conservation District Commission is established. The
Commission shall consist of seven members of legal age who reside
in the Village. Members shall be appointed by the Village Council
and shall serve without compensation but may be reimbursed for actual
expenses incurred in Commission activities. Members shall be appointed
for three-year staggered terms. Subsequent appointments shall be for
three-year terms, and members shall be eligible for reappointment.
B.
Four members of the Commission shall constitute a quorum for the
transaction of business. In the absence of a quorum, any number less
than a quorum may adjourn a meeting to a later date.
C.
The Commission shall take action by the affirmative vote of a majority
of its members present at a Commission meeting, provided that no motion
shall pass without at least three affirmative votes.
D.
The members of the Commission shall annually select a Chairman from
among themselves. One member of the Commission shall be a duly registered
architect if one is eligible and willing to serve. Neighborhood associations,
merchants' groups, duly organized and existing preservation societies
or historical groups, and other groups with preservation interests
may also submit names to the Village Council.
E.
In the event of a vacancy on the Commission, an interim appointment
shall be made by the Village Council to complete the unexpired term
of such position.
F.
The Commission shall meet monthly at the call of the Chairman and
shall adopt rules for the conduct of its business. All meetings of
the Commission shall be conducted in accordance with Public Act No.
267 of 1976 [MCLA § 15.261 et seq., MSA § 4.1800(1)
et seq.].
A.
Power to designate and protect generally. The Village Council has
the authority to designate by ordinance historic conservation districts.
Historic preservation shall be practiced in historic conservation
districts through several measures. Such measures shall include the
Commission's review of permit requests for additions, alterations,
demolitions, protection, new construction, reconstruction, rehabilitation,
repair, restoration and any other type of action proposed with regard
to a landmark which requires a permit. The Commission shall be consulted
prior to the moving of any landmark. The Commission shall be given
copies of all permit applications pertaining to properties within
historic conservation districts that are landmarks, and shall offer
information and assistance on historic preservation to property owners
and people living within historic conservation districts.
B.
Designation of historic conservation districts. The Commission may investigate and recommend to the Village Council those geographical areas in the Village it deems valuable for designation as historic conservation districts. When and if designation of an historic conservation district is approved by the Village Council, the Commission shall notify the affected property owner in writing of such designation. The designation of historic conservation districts shall be accomplished according to § 215-5.
C.
Designation of landmarks. The Commission shall designate appropriate property within historic conservation districts as landmarks; however, no property shall be designated as a landmark without the written consent of the owner of record. Furthermore, once such written consent is given, it may not be revoked unless the landmark is first removed from the historic conservation district according to the procedure set forth in § 215-5.
D.
Erection of historic markers. The Commission shall have the authority,
with the written consent of the property owner of record, to erect
historic markers or commemorative plaques on a landmark.
E.
Commendation and recognition. The Commission may issue appropriate
commendation and recognition to individuals, firms or areas promoting
historic preservation. The Commission may also recognize potential
landmarks of the future by commending good examples of contemporary
buildings.
F.
Maintenance of historic roster. The Commission shall maintain a roster
of historic conservation districts and landmarks within the Village.
G.
Advisory capacity. It shall be the duty of the Commission to render
advice and guidance with respect to any proposed work to landmark
property within historic conservation districts in the Village for
which a permit is required. In rendering advice and guidance, the
Commission shall promote historical consciousness in educational programs
and shall undertake any advisory duty deemed appropriate by the Village
Council.
H.
Acceptance of gifts or grants. The Commission may accept public or
private gifts for historic preservation purposes and/or may accept
grants from the governments of the state or the United States for
historic preservation purposes. The Village Council may empower the
Commission to administer on its behalf grants and gifts for such purposes.
I.
Review of permit applications. The Commission shall review all applicable permit applications and plans for landmarks in historic conservation districts. No permit with regard to a landmark in an historic conservation district shall be granted until, pursuant to § 215-6, the Commission has granted its approval or the Commission's denial has been reversed on appeal.
J.
Budget. The Commission expenses for stationery, clerical services,
historic markers and other appropriate activities shall be provided
in a budget submitted to and approved by the Village Council.
A.
Designation or removal of designation as an historic conservation
district may be initiated by the Commission or by the written request
of an owner of property within the proposed or current historic conservation
district. Such a request shall designate clearly the land proposed
to be included or excluded.
B.
Upon receipt of a request or upon its own motion, the Commission
shall conduct studies and research and make a report on the landmarks
within the historic conservation district, or on the sites, buildings,
structures, objects, open spaces and/or features which would be landmarks
if the area were designated as an historic conservation district.
The report shall contain recommendations concerning the inclusion
or exclusion of geographical areas in or from an historic conservation
district.
C.
Copies of the Commission's report shall be transmitted for review
to the Village Planning Commission, the State Historical Commission,
the State Historical Advisory Council, and the Village Council.
D.
The Commission shall hold a public hearing 60 days after the transmittal
of its report to the Planning Commission, the State Historical Commission,
the State Historical Advisory Council, and the Village Council, and
shall give due notice of such public hearing. The notice for the public
hearing shall include written notice sent by first-class mail with
postage prepaid to the owner of record of property proposed for designation
or removal of designation as an historic conservation district.
E.
After the public hearing, the Commission shall submit a final report
to the Village Council stating its recommendations, together with
a draft of any proposed ordinance change.
F.
The Village Council shall consider the Commission's final report
and may amend this chapter to designate or remove from designation
property previously excluded from or included in an historic conservation
district.
G.
Upon application from the owner of record of any income-producing
property to designate such property as an historic conservation district,
such property owner shall pay an application fee which shall be established
by resolution of the Village Council. For purposes of this subsection,
the term "income-producing property" shall be defined as property
used in a trade or business held for the production of income.
H.
After initial adoption of this chapter, the Commission shall have
all the authority and duties of an historic district study committee
pursuant to Public Act No. 169 of 1970 [MCLA § 399.201 et
seq., MSA § 5.3407(1) et seq.], as limited by the terms
of this chapter.
A.
Application and plans. Application for a permit for addition, alteration,
demolition, protection, new construction, reconstruction, rehabilitation,
repair, restoration and/or any other type of action proposed with
regard to a landmark which requires a permit shall be accompanied
by an historical preservation permit application and plans. Plans
shall describe the proposed changes, showing the landmark in question
and also showing its relationship to adjacent landmarks and other
buildings or structures. The application shall be made by the owner
of the landmark in question or any person authorized to act on behalf
of the owner.
B.
Notification. Upon the filing of an application, the Building Inspector
for the Village shall immediately notify the Commission of the receipt
of such application and shall transmit it together with accompanying
plans and other information to the Commission.
C.
Review.
(1)
The Commission shall meet within 30 days after notification by the
Building Inspector for the Village or by the Village Council, unless
otherwise mutually agreed by the applicant and the Commission. In
reviewing the plans and the application, the Commission shall give
consideration to:
(a)
The historical or architectural value and significance of the
landmark and its relationship to the historical value of the surrounding
area;
(b)
The relationship of the exterior architectural features of the
landmark to the rest of the landmark and to the surrounding area;
(c)
The general compatibility of the exterior design, arrangement,
texture and materials proposed to be used on the landmark;
(d)
Any major investment program;
(e)
The economic feasibility of preserving the landmark; and
(f)
Any other factor, including aesthetics, which the Commission
deems pertinent and within the purpose of this chapter.
(2)
In proposing its review, the Commission shall use the United States
Secretary of the Interior's Standard for Rehabilitation, 36 CFR
67, or similar successor regulations. In reviewing the plans, the
Commission may confer with the applicant and shall have the power
to call in experts to aid in its deliberations.
D.
Action.
(1)
The Commission shall approve or disapprove such application. If the
Commission gives its approval, the Commission shall issue a certificate
of approval, which is to be signed by the Chairman, attached to the
application and immediately transferred to the Building Inspector
for the Village. The Chairman shall also stamp all plans submitted
to the Commission, signifying approval or disapproval.
(2)
If the granting of an application would result in the moving, alteration
or demolition of a landmark, or have any other type of adverse impact
upon a landmark, and if the Commission considers such landmark so
valuable that its loss would adversely affect the public purpose of
the Village, the state, or the United States, the Commission shall
attempt to establish with the owner of the landmark an economically
feasible plan for its historic preservation and/or protection.
(3)
Any application shall be approved by the Commission if any of the
following conditions prevail, and if the proposal will materially
improve or correct these conditions:
(a)
The landmark constitutes a hazard to the safety of the public
or the occupants;
(b)
The landmark is a deterrent to a major improvement program which
will be of substantial benefit to the Village;
(c)
Retention of the landmark would cause undue financial hardship
to the owner; or
(d)
Retention of the landmark would not be in the interest of the
majority of the Village.
E.
Conditions. The Commission may impose reasonable conditions upon
its approval of an application. Standards for imposing such conditions
are as follows:
(1)
Any condition imposed must be reasonable and economically feasible;
(2)
Any condition imposed must be designed to protect the health, safety,
welfare, social well-being and economic well-being of those who will
use the landmark, residents of the Village, adjacent landowners and
the community as a whole;
(3)
Any condition imposed must be reasonably related to the valid exercise
of police power and to the purposes affected by the proposed action
concerning the landmark; and
(4)
Any condition imposed must also be necessary to meet the purposes
of this chapter, be reasonably related to the standards established
in this chapter for historic preservation, and be necessary to ensure
compliance with those standards.
F.
Disapproval. If the Commission disapproves an application, it shall
state its reasons for doing so and shall transmit a written record
of its actions and specific objections to the Building Inspector of
the Village and to the applicant. Thereafter, the Commission shall
endeavor to agree with the applicant on an economically feasible plan
for the historic preservation and/or protection of the landmark which
would allow the applicant to still accomplish the applicants'
purposes. The applicant may make modifications to the application
and/or plans and shall have the right to resubmit the application
at any time. If the application is disapproved, no certificate of
approval and no permit shall be issued.
G.
Appeal. If the Commission disapproves an application, the applicant
may appeal the disapproval through arbitration (upon procedures agreed
to by the parties) or through the established appeal procedures granted
to an applicant aggrieved by a decision of the Zoning Board of Appeals.
H.
Failure to act upon request. Failure of the Commission to approve,
conditionally approve or disapprove an application within 60 days
of the filing of the application, unless otherwise mutually agreed
by the applicant and the Commission, shall constitute approval. In
that event, the Building Inspector shall proceed to process the application
without regard to a certificate of approval from the Commission.
I.
Inspection and compliance. After the issuance of any certificate
of approval and permit, the Building Inspector shall, according to
established procedures, periodically inspect the landmark in question.
The Building Inspector shall take such action as necessary to ensure
that the applicant and those acting under the applicant conform with
the certificate of approval, the approved application, the accompanying
plans, and any conditions imposed.
J.
Ordinary maintenance; prior permits. Nothing in this chapter shall
be construed to prevent ordinary maintenance of a landmark. Neither
shall this chapter be construed to prevent an addition to or alteration,
demolition, protection, new construction, reconstruction, rehabilitation,
repair or restoration of a landmark, or any other permit-requiring
action to a landmark, under a permit duly issued by the Building Inspector
prior to the effective date of the ordinance from which this chapter
is derived.
[Amended 10-20-1997 by Ord. No. 253]
The following historic conservation district is established:
|
Beginning in the center of Spring Lake at the east line of section
15, T8N, R16W, this point also being the northeast corner of the Village
limits as established by Charter dated April 7, 1930; thence south
along the east line of section 15 to the south line of the former
Grand Trunk Railroad; thence northeasterly along the south line of
the former Grand Trunk Railroad to a point 272.60 feet east of the
north and south quarter line of section 14, T8N, R16W; thence south
to the north line of State Highway M-104; thence west 240.90 feet
along the north line of Highway M-104 to the east line of Roseland
Subdivision extended north; thence south to the center line of Lloyd's
Bayou; thence southwesterly along the center line of Lloyd's
Bayou to the east and west quarter line of section 23, T8N, R16W;
thence west to the west quarter corner of section 23; thence south
along the west line of section 23 to the center of the Grand River;
thence westerly along the center of the Grand River, also being the
north boundary of the City of Grand Haven, to the center line of the
channel extending into the waters of Spring Lake; thence northerly
and easterly along the center line of Spring Lake to the place of
beginning.
|
