§ 127-13. Permit applications.

(a)

A permit and the performance bond set forth in section 127-12 shall be obtained before any work affecting the exterior appearance of a resource is performed within a historic district or, if required under subsection 127-10(b), work affecting the interior arrangements of a resource is performed within a historic district. The person, individual, partnership, firm, corporation, organization, institution, or agency of government proposing to do that work shall file an application for a permit and a copy of the performance bond with the building official. Upon receipt of a complete application and a copy of the performance bond, the building official shall immediately refer the application, along with all required supporting materials that make the application complete, to the commission. A permit shall not be issued and proposed work shall not proceed until the a copy of the performance bond is received and the commission has acted on the application by issuing a certificate of appropriateness or a notice to proceed as prescribed in this chapter. The commission shall not issue a certificate of appropriateness unless the applicant certifies in the application that the property where work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm complying with the requirements of the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, MCL 125.1501 to 125.1531.

(b)

The commission shall file certificates of appropriateness, notices to proceed, and denials of applications for permits with the building official. A permit shall not be issued until the commission has acted as prescribed by this chapter and the performance bond has been received.

(c)

If an application is for work that will adversely affect the exterior of a resource the commission considers valuable to the city, the state, or the nation, and the commission determines that the alteration or loss of that resource will adversely affect the public purpose of the city, state, or nation, the commission shall attempt to establish with the owner of the resource an economically feasible plan for the preservation of the resource.

(d)

An application for repair or alteration affecting the exterior appearance of a resource or for its moving or demolition shall be approved by the commission if upon a finding by the commission that any of the following conditions prevail:

(1)

The resource constitutes a hazard to the safety of the public or the occupants.

(2)

The resource is a deterrent to a major improvement program which will be of substantial benefit to the community.

(3)

Retention of the historic 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 historic resource for sale at its fair market value or moving the historic resource to a vacant site within the historic district, have been attempted and exhausted by the owner.

(4)

Retention of the historic resource would not be in the interest of the majority of the community.

(e)

The failure of the commission to act on an application within 60 calendar days after the date a complete application and the performance bond is filed with the commission, unless an extension is agreed upon in writing by the applicant and the commission, shall constitute approval of the application.

(f)

The applicant shall pay the fee to process a permit application as set forth in the schedule of fees, charges, bonds and insurance.

(Ord. No. 1880, 7-24-06; Ord. No. 2010, 2-8-10)