Municipal Code
CHAPTER 1230 Historic District
1230.01 Statement of purpose; definitions.
1230.02 Boundaries.
1230.03 Compliance required for construction, repair,
demolition, etc.
1230.04 Historic District Commission.
1230.05 Procedure for review of plans to construct,
repair, demolish, etc.
1230.06 Appeals.
1230.07 Demolition by neglect.
1230.08 Failure to obtain a permit.
1230.09 Establishment, modification or elimination of a
Historic District.
1230.10 Fees for an historic review or demolition
application.
1230.11 Proposed Historic Districts; powers of Village
Council.
1230.12 Emergency moratoriums.
1230.13 Amendments.
1230.14 Acceptance of gifts, grants or bequests.
1230.99 Penalty.
CROSS REFERENCES
Regulation of location of trades, buildings and uses by
local authorities
see M.C.L.A. 125.581
Regulation of buildings; authority to zone see M.C.L.A.
125.582
Regulation of congested areas see M.C.L.A. 125.583
Uses of land or structures not conforming to ordinances;
powers of
legislative bodies; acquisition of property see M.C.L.A.
125.583a
Off street parking and loading see P. & Z. Ch. 1262
Nonconforming uses and buildings see P. & Z. Ch. 1264
Wireless telecommunication facilities in the Historic
District see
P. & Z. 1265.07
Natural buffer zones see P. & Z. Ch. 1266
Supplementary regulations see P. & Z. Ch. 1268
Fences in the Historic District see P. & Z.
1268.28(b)(1)
Authority re demolition and removal of structures see B.
& H. 1460.07
Review of signs and outdoor display structures see B. &
H. 1474.08
Historic markers see B. & H. 1474.16(b)(3)
1230.01 STATEMENT OF PURPOSE; DEFINITIONS.
(a) The purpose of this chapter is to:
(1) Safeguard the heritage of the Village of Franklin by
preserving one or more Historic Districts in the Village
which reflect elements of its cultural, social,
economic, political or architectural history;
(2) Stabilize and improve property values in such
District and the surrounding areas;
(3) Foster civic beauty;
(4) Strengthen the local economy; and
(5) Promote the use of Historic Districts for the
education, pleasure and welfare of the citizens of the
Village.
(b) As used in this chapter:
(1) "Alter" and "alteration" mean work that changes the
detail of a resource but does not change the basic size
or shape.
(2) "Certificate of appropriateness" means the written
approval of a permit application for work that is
appropriate and that does not adversely affect a
resource.
(3) "Commission" means the Franklin Historic District
Commission.
(4) "Committee" means a Historic District Study
Committee appointed by the Village Council.
(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 or securing a resource that
results in deterioration of an exterior feature of the
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 resource or a group of resources that are
related by history, architecture, archeology,
engineering or culture.
(9) "Historic preservation" means the identification,
evaluation, establishment and protection of resources
significant in history, architecture, archeology,
engineering or culture.
(10) "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 the State of
Michigan, the Village of Franklin, or the United States.
(11) "Notice to proceed" means the written permission
issued by the Commission for work to be performed within
a Historic District that is inappropriate and that
adversely affects a resource, pursuant to a finding
under Section 1230.05(f)(1) to (4).
(12) "Open space" means undeveloped land, a naturally
landscaped area or a formal or man made landscape area
that provides a connective link or a buffer between
resources.
(13) "Ordinary maintenance" means keeping a resource
unimpaired and in good condition through ongoing minor
intervention, undertaken from time to time, in its
exterior condition. "Ordinary maintenance" does not
change the external appearance of the resource, except
through the elimination of the usual and expected
effects of weathering, age and use. "Ordinary"
maintenance does not constitute "work" for the purpose
of this chapter.
(14) "Proposed Historic District" means an area, or
group of areas not necessarily having contiguous
boundaries, that has delineated boundaries and that is
under review by a committee or a standing committee for
the purpose of making a recommendation as to whether it
should be established as a Historic District or added to
an established Historic District.
(15) "Repair" means to restore a decayed or damaged
resource to a good or sound condition by any process. A
repair that changes the external appearance of a
resource constitutes "work" for the purposes of this
chapter.
(16) "Resource" means one or more publicly or privately
owned historic or non historic buildings, structures,
sites, objects, features or open spaces located within a
Historic District.
(17) "Work" means construction, addition, alteration,
repair, moving, excavation or demolition.
(Ord. 99 53. Passed 5 10 99.)
1230.02 BOUNDARIES.
The Franklin Village Historic District shall be that
area shown and bounded as such on the map attached to
original Ordinance 99 53, passed May 10, 1999, as
Appendix A. The map may be amended from time to time to
reflect changes, if any, to the Historic District. (Ord.
2000 65. Passed 7 10 00.)
1230.03 COMPLIANCE REQUIRED FOR CONSTRUCTION, REPAIR,
DEMOLITION, ETC.
There shall be no construction, addition, alteration,
repair, moving, excavation or demolition affecting the
exterior appearance of a resource within any designated
Historic Districts within Franklin Village, such as the
Franklin Village Historic District, unless such action
complies with the requirements set forth in this
chapter.
(Ord. 99 53. Passed 5 10 99.)
1230.04 HISTORIC DISTRICT COMMISSION.
(a) Establishment. In order to execute the purposes
declared in this chapter, there is hereby established a
commission to be called the Franklin Historic District
Commission.
(b) Membership; Terms; Appointments; Vacancies;
Removals.
(1) The Historic District Commission shall consist of
seven members whose residence is located in the Village
of Franklin. They shall be appointed by the Village
Council for terms of office of three years. The
Commission members currently in office on the date of
the adoption of this chapter shall remain and continue
as Commission members with their terms of office
unchanged. Members of the Commission may be reappointed
after their terms expire.
(2) At least one member of the Commission shall be
appointed from a list of citizens submitted by a duly
organized and existing preservation society or
societies, and at least one member of the Commission
shall be a graduate of an accredited school of
architecture who has two years of architectural
experience or who is an architect duly registered in
this State, if such person resides in the Village and is
available for appointment. A majority of the members of
the Commission shall have a clearly demonstrated
interest in or knowledge of historic preservation.
(3) A vacancy occurring in the membership of the
Commission for any cause shall be filled within 60
calendar days by a person appointed by the Village
Council for the unexpired term.
(4) The members of the Commission shall serve without
compensation.
(5) Any member or members of the Commission may be
removed by vote of the Village Council for inefficiency,
neglect of duty, conflict of interest, misfeasance or
malfeasance in office.
(6) Absence from three consecutive regular meetings of
the Commission shall automatically operate to vacate the
seat of a member of the Commission, unless the absence
is excused by the Commission by resolution setting forth
such excuse.
(c) Duties and Powers.
(1) It shall be the duty of the Commission to review all
plans for the construction, addition, alteration,
repair, moving, excavation or demolition of resources in
the Historic District, and the Commission shall have the
power to pass upon such plans before a permit for such
activity can be granted. In reviewing the plans, the
Commission shall follow the U.S. Secretary of the
Interior's standards for rehabilitation and guidelines
for rehabilitating historic buildings, as set forth in
36 CFR Part 67, or their equivalent as approved or
established by the Michigan Department of History, Arts
and Libraries, and shall also give consideration and
significance to:
A. The historical or architectural value and
significance of the historic resource and its
relationship to the historic value of the surrounding
area;
B. The relationship of the exterior architectural
features of such historic resource to the rest of the
resource and to the surrounding area;
C. The general compatibility of the exterior design,
arrangement, texture and materials proposed to be used;
and
D. Any other factor, including aesthetics, which it
deems pertinent.
(2) The Commission shall review plans for proposed major
changes to open spaces in a Historic District, such as
the removal of large trees (over 12 inches in diameter
as measured four feet above ground) or the making of
major contour changes in terrain features. The
Commission may use its discretion to decide if proposed
changes are major in nature or not.
(3) The Commission shall review and act upon only
exterior features of a resource, and shall not review
and act upon interior arrangements, unless specifically
authorized to do so by the Village Council, or unless
interior work will cause visible changes to the exterior
of the historic resource. The Commission shall not
disapprove applications except in regard to
considerations as set forth in the previous division.
(4) The Commission may delegate the issuance of
certificates of appropriateness for specified minor
classes of work to its staff, to the Building Official
or to another delegated authority. The Commission shall
provide to said delegated authorities specific written
standards for issuing the certificates of
appropriateness under this division. Said delegated
authorities shall come before the next regularly
scheduled Commission meeting and the Commission shall
review the certificates of appropriateness so issued.
These reviews are to serve the purpose of keeping the
Commission informed as to what certificates of
appropriateness for minor work have been issued since
the last Commission meeting.
(5) In case of an application for work affecting the
appearance of a resource or for the alteration, moving
or demolition of a resource which the Commission deems
so valuable to the Village that the loss thereof will
adversely affect the public purpose of the Village, the
Commission shall endeavor to work out with the owner an
economically feasible plan for preservation of the
historic resource.
(6) If all efforts by the Commission to preserve a
resource fail, or if it is determined by the Village
Council that public ownership is most suitable, the
Village 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. Such an acquisition shall be
based upon the recommendation of the Commission or the
committee. The Commission or the committee 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 Village Council. Upon recommendation of the
Commission or the committee, the Village may sell
resources acquired under this division with protective
easements included in the property transfer documents,
if appropriate.
(7) The Commission shall have no other powers, express
or implied, beyond those listed in this section, except
as may be otherwise expressly authorized by ordinance or
resolution of the Council.
(d) Officers; Quorum; Notice of Meetings; Records and
Reports.
(1) The Historic District Commission shall elect from
its membership a Chairperson and a Vice Chairperson
whose terms of office shall be fixed by the Commission.
The Chairperson shall preside over the Commission and
shall have the right to vote. The Vice Chairperson
shall, in the case of the absence or disability of the
Chairperson, perform the duties of the Chairperson.
(2) One member of the Commission shall be Secretary. The
Secretary shall keep a record of all resolutions,
proceedings and actions of the Commission and report
regularly to the Village Council.
(3) At least four members of the Commission shall
constitute a quorum for the transaction of its business.
The Commission shall adopt rules for the transaction of
its business which shall provide for the time and place
of holding regular meetings. The Commission shall
provide for the calling of special meetings by the
Chairperson or by at least two members of the
Commission. All meetings of the Commission shall be open
to the public, and any person or his or her duly
constituted representative shall be entitled to appear
and be heard on any matter before the Commission reaches
its decision.
(4) Public notice of the time, date and place of
meetings shall be given in the manner required by Act
267 of the Public Acts of 1976, as amended. Each notice
shall contain the name, address and telephone number of
the Commission. The notice must be posted at the
principal office of the Commission, in addition to any
other location deemed appropriate by the Village
Council, and may also be given on cable television. A
meeting agenda shall be a part of the notice and shall
include a listing of each permit application to be
reviewed or considered by the Commission. The
requirements of the aforementioned Act include:
A. For regular meetings of a public body, there shall be
posted within ten days of the first meeting of the
Commission in each calendar or fiscal year a public
notice stating the dates, times and places of its
regular meetings;
B. For a rescheduled regular meeting or special meeting
of the Commission, a public notice stating the date,
time and place of the meeting shall be posted at least
18 hours before the meeting;
C. For a change in the schedule of regular meetings of
the Commission, a notice shall be posted within three
days after the meeting at which the change is made,
stating the new dates, times and places of its regular
meetings;
D. Nothing in this section shall bar the Commission from
meeting in an emergency session should there occur a
severe and imminent threat to the health, safety or
welfare of the public when two thirds of the Commission
members decide that delay would be detrimental to
efforts to lessen or respond to the threat.
(5) The Commission shall keep a record, which shall be
open to public view, of its resolutions, proceedings and
actions. A writing prepared, owned, used, in the
possession of, or retained by the Commission in the
performance of an official function shall be made
available to the public in compliance with the Freedom
of Information Act, being M.C.L.A. 15.231 et seq. The
concurring affirmative vote of four members shall
constitute approval of plans before it for review or for
adoption of any resolution, motion or other action of
the Commission.
(6) The Commission shall submit an annual report to the
Council of the general activities of the Commission and
shall submit such special reports as requested by the
Village Council.
(Ord. 2000 65. Passed 7 10 00; Ord. 2003 01. Passed 4 14
03.)
1230.05 PROCEDURE FOR REVIEW OF PLANS TO CONSTRUCT,
REPAIR, DEMOLISH, ETC.
(a) Filing of Application.
(1) Application for a building permit to construct,
alter, repair, move, add to, excavate or demolish any
resource in a Historic District, such as the Franklin
Village Historic District, shall be made to the Building
Department. The Building Official shall determine
whether the property is in a Historic District such as
the Franklin Village Historic District. Plans shall be
submitted showing the structure in question and also
showing its relation to adjacent structures.
(2) Upon the filing of such application, the Building
Department shall immediately determine the zoning
classification of the parcel, and if it is determined to
be located within a residential zoning district and for
work on a new or existing residence or a new or existing
residential accessory structure, the Building Department
shall immediately notify the Historic District
Commission of the receipt of such application and shall
transmit it together with accompanying plans and other
information to the Commission. If the parcel is
determined to be within any zoning classification other
than residential or for consideration of any kind of
request other than work on a new or existing residence
or new or existing residential accessory structure, then
processing requirements for site plan review, as set
forth in Section 1268.30 of the Zoning Code, must be
completed and approved prior to review by the Historic
District Commission. The Planning Commission may,
however, at any time during its review, refer such
application to the Historic District Commission for the
Historic District Commission’s preliminary review. Upon
approval of the required site plan in accordance with
Section 1268.30 of the Zoning Code, the Building
Department shall immediately notify the Historic
District Commission of the application and shall
transmit the application to the Historic District
Commission for its review.
(3) The application shall include the applicant ‘s
certification that the property where work will be
undertaken has, or will have before the proposed project
completion date, a fire alarm system or smoke alarm
complying with the requirements of the Stille-Derossett-Hale
Single State Construction Code Act, 1972 PA 230,
M.C.L.A. 125.1501 to 125.1531.
(4) The Building Department shall not issue a permit and
no proposed work shall proceed until the Commission has
acted on the application by issuing a certificate of
appropriateness or a notice to proceed.
(b) Action Upon Application.
(1) The Historic District Commission shall meet within
35 days after a complete application has been received
by the Building Department, and shall review the plans
according to the duties and powers specified in this
section and in Section 1230.04. In reviewing the plans
the Commission must make every effort to confer with the
applicant for the building or demolition permits. No fee
shall be charged to process a permit application through
the Commission beyond the existing Building Department
fees, unless it is necessary for the Historic District
Commission to review the application pursuant to Section
1230.10.
(2) The failure of the Historic District Commission to
approve or disapprove of such plans within 60 days from
the date of a completed application for permit, unless
otherwise mutually agreed upon by the applicant and the
Commission, in writing, shall be deemed to constitute
approval, and the Building Department shall proceed to
process the application without regard to a certificate
of appropriateness.
(c) Approval of Application.
(1) If the Commission approves the application, it shall
issue a certificate of appropriateness which is to be
signed by the Chairperson, attached to the application
for a building permit and immediately transmitted to the
Building Department. The Chairperson shall also stamp
all prints submitted to the Commission signifying its
approval.
(2) After the certificate of appropriateness has been
issued and the building permit granted to the applicant,
the Building Department shall, from time to time,
inspect the work approved by such certificate and shall
take such action as is necessary to enforce compliance
with the approved plan.
(3) The Commission shall not issue a certificate of
appropriateness unless the applicant has provided the
fire or smoke alarm certification required by division
(a)(3) above.
(d) Denial of Application.
(1) If the Commission disapproves of the application, it
shall state its reasons for doing so and shall transmit
a record of such action and reasons therefor, in
writing, to the Building Department and to the
applicant. The Commission may advise what it thinks is
proper if it disapproves of the application submitted.
The applicant, if he or she so desires, may make
modifications to his or her application and shall have
the right to resubmit the application at any time after
so doing.
(2) A denial of a permit application shall be binding on
the Building Department, Building Official or any such
other relevant authority.
(3) The denial of the plan shall also include a notice
to the applicant of his or her rights of appeal to the
State Historic Preservation Review Board of the Michigan
Historical Commission within the Michigan Department of
History, Arts and Libraries and to the Circuit Court.
(e) Ordinary Maintenance and Prior Permit Work. Nothing
in this chapter shall be construed to prevent ordinary
maintenance of a resource within a Historic District, or
to prevent work on any resource under a permit issued by
the Building Official or another duly delegated
authority before this chapter was enacted.
(f) Notice to Proceed. 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:
(1) The resource constitutes a hazard to the safety of
the public or the occupants of a structure;
(2) The resource is a deterrent to a major improvement
program which will be of substantial benefit to the
community, and the applicant proposing the work has
obtained all necessary planning and zoning approvals,
financing and environmental clearances;
(3) Retention of the resource would cause undue
financial hardship to the owner when a governmental
action, an act of God or other events beyond the owner
‘\\s control created the hardship, and all feasible
alternatives to eliminate the financial hardship, which
may include offering the resource for sale at its fair
market value or moving the resource to a vacant site
within the Historic District, have been attempted and
exhausted by the owner; or
(4) Retention of the resource would not be in the
interests of the majority of the community.
(Ord. 99 53. Passed 5 10 99; Ord. 2003 01. Passed 4 14
03; Ord. 2010 06. Passed 5 10 10.)
1230.06 APPEALS.
(a) Any permit applicant aggrieved by a decision of the
Franklin Historic District Commission may file an appeal
with the State Historic Preservation Review Board of the
Michigan Historical Commission within the Department of
History, Arts and Libraries. The appeal shall be filed
within 60 days after the decision is furnished to the
applicant.
(b) A permit applicant aggrieved by a decision of the
State Historic Preservation Review Board may appeal the
decision to the Circuit Court. Said applicant may only
appeal to the Circuit Court after appealing to the State
Historic Preservation Review Board.
(c) In addition, any citizen or duly organized historic
preservation organization in the Village, other than the
resource property owner, jointly or severally aggrieved
by a decision of the Commission, may appeal the decision
to the Circuit Court.
(Ord. 99 53. Passed 5 10 99; Ord. 2003 01. Passed 4 14
03.)
1230.07 DEMOLITION BY NEGLECT.
(a) Upon a finding by the Franklin Historic District
Commission that a historic resource, either in the
Historic District or in a proposed Historic District,
which is subject to Commission review pursuant to the
terms under Section 1230.11, is threatened by demolition
by neglect, the Commission may do either of the
following:
(1) Require the owner of the resource to repair all
conditions contributing to demolition by neglect; or
(2) If the owner does not make the repairs within a
reasonable time, the Commission or its agents may, after
approval by the Village Council, enter the property and
make such repairs as are necessary to prevent demolition
by neglect.
(b) The costs of the work under division (a)(2) hereof
shall be charged to the owner and may be levied by the
Village of Franklin as a special assessment against the
property. The Commission or its agents may, after
approval by the Village Council, enter the property for
purposes of this section upon obtaining an order from
the Circuit Court.
(Ord. 2000 65. Passed 7 10 00.)
1230.08 FAILURE TO OBTAIN A PERMIT.
(a) When work has been done upon a historic resource
without a permit, and the Franklin Historic District
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 was performed or to modify the work so that it
qualifies for a certificate of appropriateness.
(b) If the owner does not comply with the restoration or
modification requirement within a reasonable time, the
Commission may, after approval by the Village Council,
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.
(c) If the owner does not comply or cannot comply with
the order of the Court, the Commission or its agents
may, after approval by the Village Council, 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 cost of the
work shall be charged to the owner and may be levied by
the Village of Franklin as a special assessment against
the property. When acting pursuant to said order of the
Circuit Court, the Commission or its agents may enter a
property for purposes of this section.
(Ord. 2000 65. Passed 7 10 00.)
1230.09 ESTABLISHMENT, MODIFICATION OR ELIMINATION OF A
HISTORIC DISTRICT.
(a) Establishment of Historic District Study Committee.
Before establishing, modifying or eliminating any
Historic District, Council shall appoint a Historic
District Study Committee. The Committee shall contain a
majority of persons who have a clearly demonstrated
interest in or knowledge of historic preservation, and
shall contain representation from one or more duly
organized local historic preservation organizations. The
Historic District Study Committee shall be an ad hoc
committee which may be established by Council to
consider only specific proposed districts, projects or
programs authorized by Council, and shall then be
dissolved.
(b) Duties of the Historic District Study Committee.
(1) The Historic District Study Committee shall do all
of the following:
A. Conduct a photographic inventory of resources within
each proposed Historic District, following procedures
established or approved by the Michigan Department of
History, Arts and Libraries;
B. Conduct basic research of each proposed Historic
District and the historic resources located within that
District;
C. Determine the total number of historic and non
historic resources within a proposed Historic District
and the percentage of historic resources of that total.
In evaluating the significance of the historic
resources, the Committee shall be guided by the
selection criteria for evaluation issued by the U.S.
Secretary of the Interior for inclusion of resources in
the National Register of Historic Places, as set forth
in 36 CFR Part 60, and repeated below:
The quality of significance in American history,
architecture, archeology, engineering, and culture is
present in districts, sites, buildings, structures, and
objects that possess integrity of location, design,
setting, materials, workmanship, feeling, and
association and:
1. That are associated with events that have made a
significant contribution to the broad patterns of our
history; or
2. That are associated with the lives of persons
significant in our past; or
3. That embody the distinctive characteristics of a
type, period, or method of construction, or that
represent the work of a master, or that possess high
artistic values, or that represent a significant and
distinguishable entity whose components may lack
individual distinction; or
4. That have yielded, or may be likely to yield,
information important in prehistory or history;
and criteria established or approved by the Michigan
Department of History, Arts and Libraries, if any;
D. Prepare a preliminary Historic District Study
Committee report that addresses at a minimum all of the
following:
1. The charge of the Committee;
2. The composition of the Committee membership;
3. The Historic District or Districts studied;
4. The boundaries for each proposed Historic District in
writing and on maps;
5. The history of each proposed Historic District;
6. The significance of each District as a whole, as well
as a sufficient number of individual resources to fully
represent the variety of resources found within the
District, relative to the evaluation criteria;
E. Transmit copies of the preliminary report for review
to the Village Council, the Village Planning Commission,
the Franklin Historic District Commission, the Michigan
Department of History, Arts and Libraries, the Michigan
Historical Commission and the State Historic
Preservation Review Board; and
F. Make copies of the preliminary report available to
the public.
(2) The Village Council may prescribe the time for
preparation and transmittal of the preliminary report if
the Council deems it in the public interest to do so.
(3) Not less than 60 nor more than 75 calendar days
after the transmittal of the preliminary report, the
Committee shall hold a public hearing. Notice will be
published of the time, date and place of the hearing.
Written notice shall be mailed by first class mail not
less than 14 calendar days before the hearing to the
owners of properties within the proposed Historic
District, as listed on the tax rolls of the Village of
Franklin.
(4) The Committee shall have no other powers, express or
implied, beyond those listed in this section, except as
may be otherwise expressly authorized by ordinance or
resolution of Council.
(c) Actions to be Taken by the Historic District Study
Committee and Village Council. After the date of the
public hearing, the Historic District Study Committee
and the Village Council shall, within the time
prescribed by the Village Council, which shall not be
more than one year, unless otherwise authorized by the
Village Council, take the following actions:
(1) The Committee shall prepare and submit a final
report with its recommendation and the recommendation,
if any, of the Village Planning Commission to the
Village Council. If the recommendation is to establish,
modify or eliminate a Historic District or Districts,
the final report shall include a draft of a proposed
ordinance or ordinances.
(2) After receiving a final report that recommends the
establishment, modification or elimination of a Historic
District or Districts, the Village Council, at its
discretion, may introduce and pass or reject an
ordinance or ordinances establishing, modifying or
eliminating one or more Historic Districts. If the
Village Council passes an ordinance or ordinances
establishing, modifying or eliminating one or more
Historic Districts, the Village Council shall file a
copy of that ordinance or ordinances, including a legal
description of the property or properties located within
the Historic District or Districts, with the Register of
Deeds. The Village Council shall not pass an ordinance
establishing a contiguous Historic District less than 60
days after a majority of the property owners within the
proposed Historic District, as listed on the Village tax
rolls, have approved the establishment of the Historic
District pursuant to a written petition.
(3) At any time after expiration of the time limits set
or prescribed by the Village Council pursuant to this
section for the Historic District Study Committee to
act, the Village Council may, in its discretion, proceed
to introduce and pass or reject an ordinance as
described in division (c)(2) hereof.
(d) Elimination of Districts. If considering elimination
of a Historic District, the Committee shall follow the
procedures set forth above for issuing a preliminary
report, holding a public hearing and issuing a final
report, but with the intent of showing one or more of
the following:
(1) The Historic District has lost those physical
characteristics that enabled establishment of the
District.
(2) The Historic District was not significant in the way
previously defined.
(3) The Historic District was established pursuant to
defective procedures.
(e) Availability of Records. All writings prepared,
owned, used, in possession of or retained by the
Committee in the performance of any official function
shall be made available to the public.
(Ord. 2000 65. Passed 7 10 00; Ord. 2003 01. Passed 4 14
03.)
1230.10 FEES FOR AN HISTORIC REVIEW OR DEMOLITION
APPLICATION.
(a) Fee for Historic Review Upon Request of Property
Owner.
(1) If a property owner in the Village of Franklin
reasonably believes his or her property to be of
historic value and significance, then upon request the
Village of Franklin Historic District Commission shall
evaluate the proposed resource as provided for in this
chapter.
(2) Said evaluation shall not commence until the
property owner has paid in full a fee in an amount not
to exceed four hundred dollars ($400.00), which may be
amended by the Village Council from time to time.
(b) Fee for Demolition Applications.
(1) If a structure proposed for demolition is a proposed
historic resource, the demolition permit applicant shall
pay a fee not to exceed four hundred dollars ($400.00),
or a fee in such amount as may be determined from time
to time by resolution of the Village Council. Said fee
is to be used by the Village of Franklin Historic
District Commission to make an historical study and
review of the resource. In addition, the applicant shall
be required to allow 60 days from the date the Franklin
Historic District Commission receives the permit
application for its response to the application.
(2) A. For all structures proposed for demolition,
except designated historic resources, resources in
designated Historic Districts and proposed historic
resources, the Village of Franklin Building Official or
the Village Council shall make a tentative determination
as to whether or not said structures comport with the
definition of an historic resource set forth in Section
1230.01(b)(10).
B. If it is tentatively determined by the Village of
Franklin Building Official or Council that the structure
to be demolished may be an historic resource, then the
demolition permit applicant shall pay a fee not to
exceed four hundred dollars ($400.00), or such amount as
shall be determined from time to time by resolution of
the Village Council. Said fee is to be used by the
Village of Franklin Historic District Commission to make
an historical study and review of the resource. In
addition, the applicant shall be required to allow 60
days from the date the Franklin Historic District
Commission receives the permit application for its
response to the application with regard to tentatively
designating the structure to be demolished as historic.
(Ord. 99 53. Passed 5 10 99.)
1230.11 PROPOSED HISTORIC DISTRICTS; POWERS OF VILLAGE
COUNCIL.
Upon receipt of substantial evidence showing the
presence of historic, architectural, archeological,
engineering or cultural significance of a proposed
Historic District, the Village Council may adopt a
resolution requiring that all applications for permits
within the proposed Historic District be referred to the
Historic District Commission as prescribed in Sections
1230.03 and 1230.05. The Commission shall review permit
applications with the same powers that would apply if
the proposed Historic District were an established
Historic District. The review may continue in the
proposed Historic District for not more than one year,
or until such time as the Village Council approves or
rejects the establishment of the Historic District by
ordinance, whichever occurs first.
(Ord. 99 53. Passed 5 10 99.)
1230.12 EMERGENCY MORATORIUMS.
If the Village Council determines that pending work will
cause irreparable harm to resources located within an
established Historic District or a proposed Historic
District, the Council may by resolution declare an
emergency moratorium of all such work for a period not
to exceed six months. The Council may extend the
emergency moratorium for an additional period not to
exceed six months upon finding that the threat of
irreparable harm to resources is still present. Any
pending permit application concerning a resource subject
to an emergency moratorium may be summarily denied.
(Ord. 99 53. Passed 5 10 99.)
1230.13 AMENDMENTS.
Any amendment to this chapter may be made from time to
time by the Village Council, provided that prior to the
adoption of any amendments, a study committee, appointed
pursuant to the provisions hereof, makes the study
reports and recommendations required in Section 3 of Act
169 of the Public Acts of 1971, as amended.
(Ord. 99 53. Passed 5 10 99.)
1230.14 ACCEPTANCE OF GIFTS, GRANTS OR BEQUESTS.
(a) Council may accept gifts, grants or bequests from
the State or Federal government for historic
preservation purposes or historic purposes; it may
accept public or private gifts, grants or bequests for
said purposes, provided that such gifts, grants or
bequests are not prohibited by the Charter of the
Village of Franklin and are not used for the purpose of
paying any fees or expenses arising out of any
litigation. The Village Council may appoint the Historic
District Commission to administer on behalf of the
Village of Franklin said gifts, grants or bequests for
the purposes herein provided.
(b) The Village Treasurer shall be custodian of funds of
the Historic District Commission, and authorized
expenditures shall be certified by the Village Treasurer
by the Secretary or other officer designated by said
Historic District Commission. The Historic District
Commission shall annually report to the Village Council
any money it shall receive or expend.
(Ord. 2000 65. Passed 7 10 00.)
1230.99 PENALTY.
(a) Any person, individual, partnership, firm,
corporation, organization, institution or agency of
government that violates any of the provisions of this
chapter is responsible for a civil violation and may be
fined not more than one hundred dollars ($100.00). An
action taken under State law (Act 169 of the Public Acts
of 1970, as amended), however, provides for a civil
violation and a fine of not more than five thousand
dollars ($5,000).
(b) Any person, individual, partnership, firm,
corporation, organization, institution or agency of
government that violates any of the provisions of this
chapter and State law may be ordered by the court to pay
the costs to restore or replicate a resource unlawfully
constructed, added to, altered, repaired, moved,
excavated or demolished.
(Ord. 99 53. Passed 5 10 99.)