§ 64-4. Historic district study committee and report.

(a)

Before establishing a historic district, the city commission shall appoint a historic district study committee. The committee shall contain a majority of persons who have clearly demonstrated interest in or knowledge of historic preservation, and shall contain representation from one or more duly organized local historic preservation organizations. The committee shall do all of the following:

(1)

Conduct a photographic inventory of resources within each proposed historic district following procedures established or approved by the state historical center.

(2)

Conduct basic research of each proposed historic district and the historic resources located within that district.

(3)

Determine the total number of historic and non-historic district resources within a proposed historic district and the percentage of historic resources of that total. In evaluating the significance of historic resources, the committee shall be guided by the selection criteria for evaluation issued by the United States Secretary of the Interior for inclusion of resources in the national register of historic places, as set forth in 36 C.F.R., part 60, and criteria established or approved by the state historic preservation office of the state historical center.

(4)

Prepare a preliminary historic district study committee report that addresses at a minimum all of the following:

a.

The charge of the committee.

b.

The composition of the committee membership.

c.

The historic district or districts studied.

d.

The boundaries for each proposed district in writing and on maps.

e.

The history of each proposed historic district.

f.

The significance of each district as a whole, as well as a sufficient number of its individual resources to fully represent the variety of resources found within the district, relative to the evaluation criteria.

(5)

Transmit copies of the preliminary report for review and recommendation to the planning commission, the state historic preservation office, the state historical commission, and the state historic preservation review board.

(6)

Make copies of the preliminary report available to the public pursuant to section 399.203(4) of P.A. 169 of 1970 as amended.

(b)

Not less than 60 calendar days after the transmittal of the preliminary report, the historic district study committee shall hold a public hearing in compliance with Public Act 267 of 1976, as amended. Public notice of the time, date and place of the hearing shall be given in the manner required by Public Act 267. Written notice shall be mailed by first class mail not less than 14 calendar days prior to the hearing to the owners of properties within the proposed historic district, as listed on the most current tax rolls. The report shall be made available to the public in compliance with Public Act 442 of 1976, as amended.

(c)

After the date of the public hearing, the historic district study committee and the city commission shall have not more than one year, unless otherwise authorized by the city commission, to take the following actions:

(1)

The historic district study committee shall prepare and submit a final report with its recommendations and the recommendations, if any, of the planning commission to the city commission as to the establishment of a historic district or districts. If the recommendation is to establish 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 of a historic district or districts, the city commission, at its discretion, may introduce and pass or reject an ordinance or ordinances.

a.

If the city commission passes an ordinance or ordinances establishing one or more historic districts, the city shall file a copy of that ordinance or those ordinances, including a legal description of the property or properties located within the historic district or districts, with the county register of deeds.

b.

The city commission may 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 city's tax rolls, have approved the establishment of the historic district pursuant to a written petition.

(d)

The written study report prepared, owned, used, in the possession of or retained by the committee in performance of an official function shall be made available to the public in compliance with P.A. 442 of 1976, as amended.

(Ord. No. 2005-12, § 1, 11-21-05)