It is the intent of the HP, historic preservation overlay district to establish regulations to protect the public health, safety, and general welfare, as well as the social and economic well-being of the community. More specifically, the purpose of this article is to:

1.

Enable the city, as the steward for the preservation of the city's history, to protect and preserve the city's historic and cultural resources for future generations, inasmuch as they are considered to be treasured assets.

2.

Promote, preserve, and protect the integrity of the city's historic areas, including the stabilization and enhancement of property values and the encouragement of compatible building development, inasmuch as these buildings individually and collectively represent an important era in the city's development and in Michigan history.

3.

Protect and enhance historic areas to attract residents, tourists, and visitors to serve as a support and stimulus to business and industry.

4.

Foster civic pride in the beauty and accomplishments of the past.

5.

Strengthen the economy of the city.

The requirements of this article shall apply to all lands within the City of Utica that are located within the boundaries of an HP, historic preservation overlay district, as shown on the City of Utica Zoning Districts Map. The provisions and restrictions of this article shall be considered to apply in addition and to and where applicable, in the stead of the provisions of underlying zoning districts shown on the official zoning district map, sufficient to fulfill the purposes of this article. Uses and regulations otherwise applicable in existing zoning districts shall not be allowed unless also permitted in, and developed in accordance with, the following regulations.

This article shall take precedence over any conflicting laws, ordinances, or codes.

The following definitions shall apply to this article in addition to those contained in article II of this ordinance.

1.

Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or part thereof.

2.

Construction. The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

3.

Demolition. Any act or process that destroys in part or in whole a structure within a historic area.

4.

Design guideline. A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

5.

Exterior architectural appearance. The architectural character and general composition of the exterior of structure, including, but not limited to, the kind, color, and texture of the building material, and the type, design, color and character of all windows, doors, light fixtures, signs, and appurtenant elements.

6.

[Reserved.]

7.

Moving. Any relocation of a structure on it [the] site or to another site.

8.

Repair. Any change to the exterior architectural features of a structure that is not construction, removal, or alteration.

1.

The historic district commission (HDC) is hereby established as an administrative body whose purpose is to assist city officials and the planning commission in the administration and enforcement of the provisions of this article.

2.

The HDC shall have the following powers and duties:

a.

To adopt its own procedural regulations.

b.

To review applications made under this ordinance for the construction, alteration, repair, removal, or demolition of structures and affected sites within areas contained in the boundaries of an HP, historic preservation overlay district as shown on the official zoning district map; and further to take action on such applications in accordance with the procedures in section 1704 of this article. In reviewing such applications, the HDC shall apply the standards and guidelines as contained in section 1705 of this article.

c.

To further define design review standards and guidelines as contained in this section subject to the approval of the planning commission.

d.

To advise the planning commission on proposed zoning amendments and special approval uses within the boundaries of an HP, historic preservation overlay district, as may be requested by the planning commission.

Cross reference— Administration, ch. 2; historic preservation, ch. 38.

1.

Prior to the issuance of a building permit for any construction, reconstruction, demolition, moving, alteration or repair activity within an HP district, and prior to the undertaking of any repair, maintenance, or alteration activity not requiring a building permit, but which affects the exterior architectural appearance of a structure located with an HP district, including signs and appurtenances thereto, the person, individual, firm, or corporation proposing to undertake such activity shall file an application for design review approval with the city clerk. The application, together with all plans and exhibits pertaining thereto, shall be referred to the HDC to initiate the design review approval process.

2.

Depending upon the nature and scale of the proposed activity, any or all of the following information may be required for HDC and planning commission reviews: architectural plans, site plans, landscaping plans, proposed signs and appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structures with important relationships to public view and indications as to construction materials, design of doors and window, ornamentation, colors and the like, photographs or perspective drawings indicating visual relationships to adjoining structures and spaces, and such other exhibits and reports as are necessary.

3.

Upon receipt of all necessary applications and materials, the HDC shall review such applications and materials, and on the basis of the design review standards and guidelines contained in this article, shall either (1) approve, disapprove, or approve subject to such conditions as may be warranted, such applications for design review approval; or shall (2) make a recommendation to the planning commission for the approval, disapproval, or approval subject to certain conditions, of such applications, as set forth below.

4.

There is herein established two levels of design review approval, which shall be determined by the type of the proposed construction, reconstruction, alteration, repair, removal, demolition, or maintenance activity. The first level of design review shall be applicable to the following activities proposed with an HP district: any alteration, repair or maintenance activity which affects the exterior architectural appearance of a structure, including signs and appurtenances thereto. Design review and approval for such activities shall be the sole responsibility of the HDC and its decisions on such matters shall be final unless appealed to city council. The second level of design review shall be applicable to the following activities proposed within an HP district: construction, demolition, or moving of any structure or part thereof. Design review for such activities shall be initiated by the HDC which shall receive all design review applications and materials from the city clerk, review such applications and materials according to the design review standards as set forth in section 1705 of this article, and make recommendations to the planning commission for the approval, disapproval, or approval subject to certain conditions, of such applications. Upon receipt of the HDC's recommendation, together with the design review application and pertinent materials, and shall approve, disapprove, or approve subject to certain conditions, the design review application.

Following the approval of the design review application by the planning commission or the HDC as appropriate, the design review application shall be transmitted, along with approved plans and materials to the building official and a building permit shall be issued so long as all other applicable codes and ordinances have been met. If no building permit is required, the building official shall issue a notice to proceed. No building permit or notice to proceed shall be issued by the building official unless and until the design review applications has been appropriately approved.

If planning commission approval is required for the design review application, the design review period shall not exceed 60 days unless mutually agreed upon by the planning commission and the applicant. If only HDC approval is required for the design review application, the design review period shall not exceed 30 days unless mutually agreed upon by the HDC and the applicant. Failure of the planning commission or the HDC to act within the time limits specified above shall be deemed to constitute approval.

1.

Intent and application of the design review standards and guidelines. The following design review standards and guidelines are set forth to guide the HDC and the planning commission in their review of proposed construction, reconstruction, demolition, moving, or repair activities within an HP district as required under this article. The overall purpose of the design review process and the application of the design review standards and guidelines contained herein is to: (1) maintain the scale and visual harmony of historic districts as a whole; (2) preserve the architectural integrity of individual significant buildings; (3) protect the "edges" of the historic districts; and (4) enhance the entrances into such historic districts. Within this general framework, the specific application of the design review standards and guidelines shall be based upon the type of activity being proposed, as follows:

a.

For construction of new buildings or expansion of existing buildings within an HP district, the design review standards and guidelines shall be applied so as to ensure the compatibility of the new construction with the existing character of the district.

b.

For reconstruction, remodeling, and repair of structures within an HP overlay district, the design review standards and guidelines shall be applied so as to guide and encourage rehabilitation in line with the original character of the structure.

c.

For the relocation of buildings to sites with an HP district, the design review standards and guidelines shall be applied so as to ensure that buildings moved to sites within the district are compatible with the surrounding buildings and are appropriately sited on the lot.

d.

For the proposed demolition or removal of all or parts of existing buildings within an HP district, the design review standards and guidelines shall be applied so as to discourage the demolition of significant buildings within the district and to identify feasible alternatives thereto.

2.

The standards to be applied as set forth above shall be The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings published by the U.S. Department of the Interior, as may be amended.

a.

Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

b.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed, altered, or covered-up. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

c.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

d.

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

e.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

f.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

g.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

h.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project.

i.

Contemporary design for alterations and additions to commercially used properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, character of the property, neighborhood, or environment.

j.

Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

k.

Protected architectural features include, but are not limited to, a structure's general shape; gables, dormers, and other roof features; cornices, brackets and eaves; size, shape, arrangement, number, and size of window panes and muntins; beveled, leaded and stained glass; door and window trim; ornamental moldings; distinctive siding, such as stone, stucco, brick, or patterned shingling; distinctive roofing, such as false thatch, slate, and Spanish tile.

l.

Demolition of any historic or nonhistoric building or structure within a historic district shall be prohibited unless the historic district commission finds said demolition to meet the criteria outlined in section 1706 of this chapter.

m.

The general shape of a building or structure's roof, including original dormers, gables, and cornice lines and chimneys shall not be changed.

n.

New chimneys or soil stacks which extend more than one foot above the surface of the roof may be permitted provided they do not occupy more than one square foot in horizontal area or are invisible from the street.

o.

Substitute siding may be permitted, provided: (i) the size and style of the new siding is substantially similar to the original; (ii) protected architectural features, including but not limited to window trim, patterned shingling, stucco, stone, or brick and decorative brackets and cornices are not covered, removed, or damaged; and (iii) the substitute siding is placed over the original siding to allow for restoration in the future.

p.

Existing unpainted brick or stone exterior walls shall not be painted.

q.

Exposed wood surfaces on new work such as porches, railings, and fences shall be painted or stained to coordinate with the existing structure.

r.

Paint or siding color selection shall not be regulated. The commission shall, however, make nonbinding recommendations for the use of historically accurate color schemes.

s.

The shape, size, number, and arrangement of replacement windows and doors shall preserve the basic design and size of the originals. Replacement windows shall be substantially similar to the old windows and within ten percent of the original dimensions. Muntins on new windows must appear to be of the same width as the original muntins. Any material may be used for replacement, provided the new materials replicate the original in appearance.

t.

Fences of all types shall be permitted where they have no visual impact on the streetscape. Metal chainlink fences shall be prohibited in front yards. In the case of schools, child care facilities and other uses where human safety concerns are paramount, the commission may approve any type of fencing necessary to effectively address the safety concerns of that use.

u.

Driveways and other surface paving shall meet the standards contained in section 1407, off-street parking space layout, standards, construction, and maintenance.

v.

Removal of street trees shall be allowed where such trees are dead, damaged, diseased, or constitute a threat to safety. Upon receipt of a letter from the DPW superintendent verifying that the reason for removal fulfills one of the above criteria, the building official shall immediately issue a certificate of approval. Removed trees shall be replaced within one year of removal with an appropriate substitute. The historic district commission, in consultation with the DPW superintendent, shall develop guidelines for tree replacement which take into account the contribution of specific species to the district history and character, the susceptibility of certain species to disease, and the specifications of any approved heritage neighborhoods plans.

1.

No permit shall be issued to allow the moving of all or any portion of a structure into or out of an HP district without design review approval of the planning commission, in accordance with procedures and requirements as set forth in section 1704 of this article, and in accordance with design review standards and guidelines as set forth in section 1705 of this article. Structures being moved into such district shall be deemed to have the same impacts as new construction, while structures being moved out of such district shall be deemed to have the same impacts as demolition.

2.

No permit shall be issued to allow the demolition of all or any portion of a structure in an HP district without design review approval of the planning commission, in accordance with procedures and requirements as set forth in section 1705 of this article.

The HDC, in making its recommendation to the planning commission, and the planning commission in making its decision, shall give consideration to: (1) the contribution of the building to its immediate surroundings and to the district character as a whole; (2) the historical and architectural importance of the building; and (3) the building's structural condition.

If, after its review of a design review application for demolition, the planning commission shall find that: (1) the structure does not contribute to the overall character of the district and is of no historical or architectural importance; and/or (2) the structure is a hazard to the public health, safety, and welfare and is beyond repair, the design review application shall be approved and a demolition permit shall be issued.

If, after its review of a design review application for demolition, the planning commission shall find that the demolition of the structure would be detrimental to the district as a whole, and that the structure is physically feasible to repair, no demolition permit shall be issued unless and until the following conditions have been met:

a.

The property owner shall be required to offer the property for sale, at a price reasonably related to its fair market value, and for a period of time to be determined by the planning commission, but which in no case shall be less than three months nor more than 12 months, to any party willing to preserve and restore the structure and the land pertaining thereto.

b.

If, at the expiration of the time period specified by the planning commission, no bona fide contract, binding upon all parties thereto for the sale of the property shall have been executed, the property owner shall then offer the property for sale, at a price reasonably related to its fair market value, to the City of Utica which is [sic] the city council deems it to be in the public interest, may acquire such property for historical preservation purposes. The city shall have three months from the expiration date set by the planning commission to enter into a bona fide contract for the purchase of the property, at the expiration of which, if no such contract is executed, the demolition permit shall be issued.

3.

Any property owner who shall, by willful means, allow a building to deteriorate to the point where rehabilitation is no longer feasible and the building must be demolished shall be deemed to have demolished a property without a permit and shall be in violation of this ordinance.