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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.)