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Chapter 38
HISTORICAL PRESERVATION*
Article I. In General
Secs. 38-1-38-100. Reserved.
Article II. Historic District
Sec. 38-101. Short title.
Sec. 38-102. Statement of purpose.
Sec. 38-103. Definitions.
Sec. 38-104. Historic district study committee and the study committee report.
Sec. 38-105. Establishing additional, modifying, or eliminating historic dis-
tricts.
Sec. 38-106. The historic district commission.
Sec. 38-107. Historic district commission meetings, recordkeeping and rules of
procedure.
Sec. 38-108. Delegation of minor classes of work.
Sec. 38-109. Ordinary maintenance.
Sec. 38-110. Review by the historic district commission.
Sec. 38-111. Design review standards and guidelines.
Sec. 38-112. Permit applications.
Sec. 38-113. Denials.
Sec. 38-114. Notice to proceed.
Sec. 38-115. Appeal of a historic district commission decision.
Sec. 38-116. Work without a permit.
Sec. 38-117. Demolition by neglect.
Sec. 38-118. Review of work in proposed districts.
Sec. 38-119. Emergency moratorium.
Sec. 38-120. Penalties for violations.
Sec. 38-121. Acceptance of gifts or grants.
Sec. 38-122. Acquisition of historic resources.
Sec. 38-123. Historic district boundary.
*State law reference-Michigan historical commission, MCL 399.1 et seq.
CD38:1
HISTORICAL PRESERVATION § 38-103
ARTICLE I. IN GENERAL Certificate of appropriateness means the writ-
ten approval of a permit application for work that
Secs. 38-1-38-100. Reserved. is appropriate and does not adversely affect a
resource.
ARTICLE II. HISTORIC DISTRICT* Commission means the historic district com-
mission of the city.
Sec. 38-101. Short title. Demolition means the razing or destruction,
This article shall be known as the "Historic whether entirely or in part, of a resource and
District Ordinance of the City of Muskegon". includes, but is not limited to, demolition by
(Ord. No. 2290, § 1(38.101), 3-8-2011) neglect.
Demolition by neglect means neglect in main-
Sec. 38-102. Statement of purpose.
taining, repairing, or securing a resource that
(a) Historic preservation is hereby declared to results in deterioration of an exterior feature of
be a public purpose and the city commission may the resource or the loss of structural integrity of
hereby regulate the construction, addition, alter- the resource.
ation, repair, moving, excavation, and demolition
Denial means the written rejection of a permit
of resources in historic districts within the city
application for work that is inappropriate and
limits. The purpose of this article is to:
that adversely affects a resource.
(1) Safeguard the heritage of the city by pre-
serving districts which reflect elements of Fire alarm system means a system designed to
its history, architecture, archaeology, en- detect and annunciate the presence of fire or
gineering, or culture. byproducts of fire. Fire alarm system includes
smoke alarms.
(2) Stabilize and improve property values in
each district and surrounding areas. Historic district means an area, or group of
areas, not necessarily having contiguous bound-
(3) Foster civic beauty. aries, that contains one resource or a group of
(4) Strengthen the local economy. resources that are related by history, architec-
(5) Promote the use of historic districts for ture, archaeology, engineering, or culture.
the education, pleasure, and welfare of Historic preservation means the identification,
the citizens of the city and of the state. evaluation, establishment, and protection of re-
(b) The city may, by ordinance, establish one or sources significant in history, architecture, archae-
more historic districts. The historic district shall ology, engineering, or culture.
be administered by the historic district commis- Historic resource means a publicly or privately
sion and pursuant to this article. owned building, structure, site, object, feature or
(Ord. No. 2290, § 1(38.102), 3-8-2011) open space that is significant in the history,
architecture, archaeology, engineering, or culture
Sec. 38-103. Definitions. of the city, state, or the United States.
The following words, terms and phrases, when Notice to proceed means the written permission
used in this article, shall have the meanings to issue a permit for work that is inappropriate
ascribed to them in this section, except where the and that adversely affects a resource, pursuant to
context clearly indicates a different meaning: a finding under Section 399.205(6) of Public Act
Alteration means work that changes the detail 169 of 1970, as amended.
of a resource but does not change its basic size or Open space means undeveloped land, a natu-
shape. rally landscaped area, or a formal or manmade
*State law reference-Local historic districts act, MCL landscaped area that provides a connective link or
339.201 et seq. buffer between other resources.
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§ 38-103 MUSKEGON CITY CODE
Ordinary maintenance means keeping a re- committee. A majority of the persons appointed to
source unimpaired and in good condition through the historic district study committee shall have a
ongoing minor intervention, undertaken from time clearly demonstrated interest in or knowledge of
to time, in its exterior condition. Ordinary main- historic preservation. The historic district study
tenance does not change the external appearance committee shall contain representation of at least
of the resource except through the elimination of one member appointed from one or more duly
the usual and expected effects of weathering. organized local historic preservation organiza-
Ordinary maintenance does not constitute work tions. The historic district study committee shall
for the purposes of this article. do all of the following:
Proposed historic district means an area, or (1) Conduct a photographic inventory of re-
group of areas not necessarily having contiguous sources within each proposed historic dis-
boundaries, that has delineated boundaries and trict following procedures established by
that is under review by a committee or a standing the state historic preservation office of the
committee for the purpose of making a recommen- Michigan Historical Center.
dation as to whether it should be established as a
historic district or added to an established his- (2) Conduct basic research of each proposed
toric district. historic district and historic resources lo-
cated within that district.
Repair means to restore a decayed or damaged
resource to good or sound condition by any pro- (3) Determine the total number of historic
cess. A repair that changes the external appear- and non-historic resources within a pro-
ance of a resource constitutes work for the pur- posed historic district and the percentage
poses of this article. of historic resources of that total. In eval-
uating the significance of historic re-
Resource means one or more publicly or pri- sources, the historic district study com-
vately owned historic or non-historic buildings, mittee shall be guided by the selection
structures, sites, objects, features, or open spaces criteria for evaluation issued by the United
located within a historic district. States Secretary of the Interior for inclu-
sion of resources in the National Register
Smoke alarm means a single-station or multiple-
station alarm responsive to smoke and not con- of Historic Places, as set forth in 36 CFR
60, and criteria established or approved
nected to a system. As used in this subdivision,
by the state historic preservation office of
the term "single-station alarm" means an assem-
the Michigan Historical Center.
bly incorporating a detector, the control equip-
ment, and the alarm sounding device into a single (4) Prepare a preliminary historic district
unit, operated from a power supply either in the study committee report that addresses, at
unit or obtained at the point of installation. The a minimum, all of the following:
term "multiple-station alarm" means two or more
single-station alarms that are capable of intercon- a. The charge of the committee.
nection such that actuation of one alarm causes b. The composition of committee mem-
all integrated separate audible alarms to operate. bership.
Work means construction, addition, alteration, c. The historic district studied.
repair, moving, excavation, or demolition.
(Ord. No. 2290, § 1(38.103), 3-8-2011) d. The boundaries of each proposed his-
toric district in writing and on maps.
Sec. 38-104. Historic district study commit- e. The history of each proposed historic
tee and the study committee re- district.
port.
f. The significance of each district as a
Before establishing a historic district, the city whole, as well as a sufficient number
commission shall appoint a historic district study of its individual resources to fully
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HISTORICAL PRESERVATION § 38-105
represent the variety of resources b. After receiving a final report that
found within the district, relative to recommends the establishment of a
the evaluation criteria. historic district, the city commis-
g. Transmit copies of the preliminary sion, at its discretion, may introduce
report for review and recommenda- and pass or reject an ordinance. If
tions to the city planning commis- the city commission passes an ordi-
sion, the state historic preservation nance establishing one or more his-
office of the Michigan Historical Cen- toric districts, the city shall file a
ter, the Michigan Historical Commis- copy of the ordinance, including a
sion, and the state historic preserva- legal description of the property or
tion review board. properties located within the his-
toric district, with the register of
h. Make copies of the preliminary re- deeds. The city commission shall not
port available to the public pursuant pass an ordinance establishing a con-
to Section 3 (4) of Public Act No. 169 tiguous historic district less than 60
of 1970 (MCL 399.203(4)). days after a majority of the property
(5) Not less than 60 calendar days after the owners within the proposed historic
transmittal of the preliminary report, the district, as listed on the tax rolls of
historic district study committee shall hold the local unit, have approved the
a public hearing in compliance with Pub- establishment of the historic district
lic Act No. 267 of 1976 (MCL 15.261 et pursuant to a written petition.
seq.). Public notice of the time, date and
(7)A writing prepared, owned, used, in the
place of the hearing shall be given in the
possession of, or retained by a committee
manner required by Public Act No. 267 of
in the performance of an official function
1976 (MCL 15.261 et seq.). Written notice
of the historic district commission should
shall be mailed by first class mail not less
be made available to the public in compli-
than 14 calendar days prior to the hearing
ance with Public Act No. 442 of 1976
to the owners of properties within the
(MCL 15.231 et seq.).
proposed historic district, as listed on the
(Ord. No. 2290, § 1(38.104), 3-8-2011)
most current tax rolls. The report shall be
made available to the public in compli-
ance with Public Act No. 442 of 1976 Sec. 38-105. Establishing additional, modi-
(MCL 15.231 et seq.). fying, or eliminating historic dis-
tricts.
(6) After the date of the public hearing, the
historic district study committee and the
(a) The city commission may at any time es-
city commission have not more than one
tablish by ordinance additional historic districts,
year, unless otherwise authorized by the
including proposed districts previously consid-
city commission, to take the following
ered and rejected, may modify boundaries of an
actions:
existing historic district, or may eliminate an
a. The committee shall prepare and existing historic district. Before establishing, mod-
submit a final report with its recom- ifying, or eliminating a historic district, a historic
mendations and the recommenda- district study committee appointed by the city
tions, if any, of the local planning commission shall follow the procedures as stated
body to the city commission as to the in Section 3 (1-3) of Public Act No. 169 of 1970
establishment of a historic district. (MCL 399.203(1)-(3)). To conduct these activi-
If the recommendation is to estab- ties, the city commission may retain the initial
lish a historic district, the final re- committee, establish a standing committee, or
port shall include a draft of the pro- establish a committee to consider only specific
posed ordinance. proposed districts and then be dissolved. The
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§ 38-105 MUSKEGON CITY CODE
committee shall consider any previously written Sec. 38-107. Historic district commission
committee reports pertinent to the proposed ac- meetings, recordkeeping and
tion. rules of procedure.
(b) In considering elimination of a historic (a) The historic district commission shall meet
district, a committee shall follow the procedures at least quarterly or more frequently at the call of
set forth in Section 3 (1-3) of Public Act No. 169 of the historic district commission.
1970 (MCL 399.203(1)-(3)) for the issuance of a
preliminary report, holding a public hearing, and (b) The business that the historic district com-
issuing a final report but with the intent of mission may perform shall be conducted at a
showing one or more of the following: public meeting held in compliance with the open
(1) The historic district has lost those physi- meetings act, Public Act No. 267 of 1976 (MCL
cal characteristics that enabled the estab- 15.261 et seq.). Public notice of the date, time, and
lishment of the district. place of the meeting shall be given in the manner
required by Public Act No. 267 of 1976 (MCL
(2) The historic district was not significant in 15.261 et seq.). A meeting agenda shall be part of
the way previously defined. the notice and shall include a listing of each
(3) The historic district was established pur- permit application to be reviewed or considered
suant to defective procedures. by the historic district commission.
(Ord. No. 2290, § 1(38.105), 3-8-2011)
(c) The historic district commission shall keep
Sec. 38-106. The historic district commis- a record of its resolutions, proceedings and ac-
sion. tions. A writing prepared, owned, used, in the
possession of, or retained by the historic district
(a) The city commission establishes a historic commission in the performance of an official func-
district commission. Each member of the historic tion shall be made available to the public in
district commission shall reside within the city compliance with the freedom of information act,
limits. The historic district commission shall con- Public Act No. 442 of 1976 (MCL 15.231 et seq.).
sist of seven members. Members shall be ap-
pointed by the city commission. A majority of the (d) The historic district commission shall adopt
members shall have a clearly demonstrated inter- its own rules of procedure and shall adopt design
est in or knowledge ofhistoric preservation. Mem- review standards and guidelines to carry out its
bers shall be appointed for a term of three years. duties under this act.
Members shall be eligible for reappointment. In (Ord. No. 2290, § 1(38.107), 3-8-2011)
the event of a vacancy on the historic district
commission, interim appointments shall be made
by the city commission within 60 calendar days to Sec. 38-108. Delegation of minor classes of
complete the unexpired term of such position. work.
Two members shall be appointed from a list
submitted by duly organized local historic preser- The historic district commission may delegate
vation organizations. If such a person is available the issuance of certificates of appropriateness for
for appointment, one member shall be an archi- specified minor classes of work to city staff. The
tect who has two years of architectural experience historic district commission shall provide to its
or who is duly registered in the state. delegated authority specific written standards for
issuing certificates of appropriateness under this
(b) The city commission may prescribe powers subsection. The historic district commission shall
and duties of the historic district commission, in review the certificates of appropriateness issued
addition to those prescribed in this article, that by the delegate on at least a quarterly basis to
foster historic preservation activities, projects, determine whether or not the delegated responsi-
and programs in the local unit. bilities should be continued.
(Ord. No. 2290, § 1(38.106), 3-8-2011) (Ord. No. 2290, § 1(38.108), 3-8-2011)
CD38:6
HISTORICAL PRESERVATION § 38-112
Sec. 38-109. Ordinary maintenance. (2) The relationship of any architectural fea-
tures of the resource to the rest of the
Nothing in this article shall be construed to resource and to the surrounding area.
prevent ordinary maintenance or repair of a re-
source within a historic district or to prevent (3) The general compatibility of the design,
work on any resource under a permit issued by arrangement, texture, and materials pro-
the inspector of buildings or other duly delegated posed to be used.
authority before this article was enacted.
(4) Other factors , such as aesthetic value,
(Ord. No. 2290, § 1(38.109), 3-8-2011)
that the historic district commission finds
relevant.
Sec. 38-110. Review by the historic district
commission. (5)Whether the applicant has certified in the
application that the property where the
The historic district commission shall review work will be undertaken has, or will have
and act upon only exterior features of a resource before the proposed project completion
and shall not review and act upon interior ar- date, a fire alarm system or a smoke
rangements unless specifically authorized to do so alarm complying with the requirements
by the city commission or unless interior work of the Stille-DeRossett-Hale single state
will cause visible change to the exterior of the construction code act, Public Act No. 230
resource. The historic district commission shall of 1972 (MCL 125.1501 et seq.).
not disapprove an application due to consider- (Ord. No. 2290, § 1(38.111), 3-8-2011)
ations not prescribed in Subsection 5(3) of Public
Act No. 169 of 1970 (MCL 399.205(3)). Sec. 38-112. Permit applications.
(Ord. No. 2290, § 1(38.110), 3-8-2011)
(a) A permit shall be obtained before any work
Sec. 38-111. Design review standards and affecting the exterior appearance of a resource is
guidelines. performed within a historic district. The person,
individual, partnership, firm, corporation, organi-
(a) In reviewing plans, the historic district zation, institution, or agency of government pro-
commission shall follow the U .S. Secretary of posing to do that work shall file an application for
Interior's Standards for Rehabilitation and guide- a permit with the inspector of buildings. Upon
lines for rehabilitating historic buildings as set receipt of a complete application, the inspector of
forth in 36 CFR 67. Design review standards and buildings shall immediately refer the application,
guidelines that address special design character- along with all required supporting materials that
istics of historic districts administered by the make the application complete, to the historic
historic district commission may be followed if district commission. A permit shall not be issued
they are equivalent in guidance to the Secretary and proposed work shall not proceed until the
of Interior's Standards and guidelines and are historic district commission has acted on the
established or approved by the state historic application by issuing a certificate of appropriate-
preservation office of the Michigan Historical Cen- ness or a notice to proceed as prescribed in this
ter. article. A historic district commission shall not
issue a certificate of appropriateness unless the
(b) In reviewing plans, the historic district applicant certifies in the application that the
commission shall also consider all of the follow- property where work will be undertaken has, or
ing: will have before the proposed project completion
date, a fire alarm system or a smoke alarm
(1) The historic or architectural value and complying with the requirements of the Stille-
significance of the resource and its rela- DeRossett-Hale single state construction code act,
tionship to the historic value of the sur- Public Act No. 230 of 1972 (MCL 125.1501 et
rounding area. seq.).
CD38:7
§ 38-112 MUSKEGON CITY CODE
(b) The historic district commission shall file work can be demonstrated by a finding of the
certificates of appropriateness, notices to proceed, historic district commission to be necessary to
and denials of applications for permits with the substantially improve or correct any of the follow-
inspector of buildings. A permit shall not be ing conditions:
issued until the historic district commission has
acted as prescribed by this article. (1) The resource constitutes a hazard to the
safety of the public or to the structure's
(c) If an application is for work that will ad- occupants.
versely affect the exterior of a resource the his-
toric district commission considers valuable to the (2) The resource is a deterrent to a major
city, the state, or the nation, and the historic improvement program that will be of sub-
district commission determines that the altera- stantial benefit to the community and the
tion or loss of that resource will adversely affect applicant proposing the work has ob-
the public purpose of the city, state, or nation, the tained all necessary planning and zoning
historic district commission shall attempt to es- approvals, financing, and environmental
tablish with the owner of the resource an econom- clearances.
ically feasible plan for the preservation of the
resource. (3) Retaining the resource will cause undue
financial hardship to the owner when a
(d) The failure of the historic district commis-
sion to act on an application within 60 calendar governmental action, an act of God, or
days after the date a complete application is filed other events beyond the owner's control
with the historic district commission, unless an created the hardship, and all feasible al-
extension is agreed upon in writing by the appli- ternatives to eliminate the financial hard-
cant and the historic district commission, shall be ship, which may include offering the re-
considered to constitute approval. source for sale at its fair market value or
moving the resource to a vacant site within
(e) The historic district commission may charge the historic district, have been attempted
a reasonable fee to process a permit application. and exhausted by the owner.
(Ord. No. 2290, § 1(38.112), 3-8-2011)
(4)Retaining the resource is not in the inter-
Sec. 38-113. Denials. est of the majority of the community.
(Ord. No. 2290, § 1(38.114), 3-8-2011)
If a permit application is denied, the decision
shall be binding on the inspector or other author-
ity. A denial shall be accompanied by a written Sec. 38-115. Appeal of a historic district com-
explanation by the historic district commission of mission decision.
the reasons for denial and, if appropriate, a notice
that an application may be re-submitted for his- (a) An applicant aggrieved by a decision of the
toric district commission review when the sug- historic district commission concerning a permit
gested changes have been made. The denial shall application may file an appeal with the state
also include the notification of the applicant's historic preservation review board. The appeal
right to appeal to the state historic preservation shall be filed within 60 calendar days after the
review board and to the circuit court. decision is furnished to the applicant. The appel-
(Ord. No. 2290, § 1(38.113), 3-8-2011) lant may submit all or part of the appellant's
evidence and arguments in written form. The
Sec. 38-114. Notice to proceed. state historic preservation review board shall
consider an appeal at its first regularly scheduled
Work within a historic district shall be permit- meeting after receiving the appeal. A permit ap-
ted through the issuance of a notice to proceed by plicant aggrieved by the decision of the state
the historic district commission if any of the historic preservation review board may appeal
following conditions prevail and if the proposed the decision to the county circuit court.
CD38:8
HISTORICAL PRESERVATION § 38-119
(b) Any citizen or duly organized historic pres- its review and approval is threatened with demo-
ervation organization in the city, as well as re- lition by neglect, the historic district commission
source property owners, jointly or severally ag- may do either of the following:
grieved by a decision of the historic district
(1) Require the owner of the resource to re-
commission may appeal the decision to the county pair all conditions contributing to demoli-
circuit court, except that a permit applicant ag- tion by neglect.
grieved by a decision rendered under this article
may not appeal to the court without first exhaust- (2)If the owner does not make repairs within
ing the right to appeal to the state historic pres- a reasonable time, the historic district
ervation review board. commission or its agents may enter the
(Ord. No. 2290, § 1(38.115), 3-8-2011) property and make such repairs as neces-
sary to prevent demolition by neglect. The
costs of the work shall be charged to the
Sec. 38-116. Work without a permit. owner, and may be levied by the city as a
special assessment against the property.
When work has been done upon a resource The historic district commission or its
without a permit, and the historic district com- agents may enter the property for pur-
mission finds that the work does not qualify for a poses of this section upon obtaining an
certificate of appropriateness, the historic district order from the circuit court.
commission may require an owner to restore the (Ord. No. 2290, § 1(38.117), 3-8-2011)
resource to the condition that the resource was in
before the inappropriate work or to modify the Sec. 38-118. Review of work in proposed dis-
work so that it qualifies for a certificate of appro- tricts.
priateness. If the owner does not comply with the
restoration or modification requirement within a Upon receipt of substantial evidence showing
reasonable time, the historic district commission the presence of historic, architectural, archaeolog-
may seek an order from the county circuit court to ical, engineering, or cultural significance of a
require the owner to restore the resource to its proposed historic district, the city commission
former condition or to modify the work so that it may, at its discretion, adopt a resolution requiring
qualifies for a certificate of appropriateness. If the that all applications for permits within the pro-
owner does not comply or cannot comply with the posed historic district be referred to the historic
order of the court, the historic district commission district commission as prescribed in section 38-
or its agents may enter the property and conduct 112. The historic district commission shall review
work necessary to restore the resource to its permit applications with the same powers that
former condition or modify the work so that it would apply if the proposed historic district was
qualifies for a certificate of appropriateness in an established historic district. The review may
accordance with the court's order. The costs of the continue in the proposed historic district for not
work done shall be charged to the owner, and may more than one year, or until such time as the city
be levied by the city as a special assessment commission approves or rejects the establishment
against the property. When acting pursuant to an of the historic district by ordinance, whichever
order of the circuit court, the historic district occurs first.
commission or its agents may enter a property for (Ord. No. 2290, § 1(38.118), 3-8-2011)
purposes of this section.
(Ord. No. 2290, § 1(38.116), 3-8-2011) Sec. 38-119. Emergency moratorium.
If the city commission determines that pending
Sec. 38-117. Demolition by neglect. work will cause irreparable harm to resources
located within an established or proposed historic
Upon a finding by the historic district commis- district, the city commission may by resolution
sion that a historic resource within a historic declare an emergency moratorium on all such
district or a proposed historic district subject to work for a period not to exceed six months. The
CD38:9
§ 38-119 MUSKEGON CITY CODE
city commission may extend the emergency mor- the historic district commission, the city may sell
atorium for an additional period not to exceed six resources acquired under this section with protec-
months, upon finding that the threat of irrepara- tive easements included in the property transfer
ble harm to resources is still present. Any pending documents, if appropriate.
permit application concerning a resource subject (Ord. No. 2290, § 1(38.122), 3-8-2011)
to an emergency moratorium may be summarily
denied. Sec. 38-123. Historic district boundary.
(Ord. No. 2290, § 1(38.119), 3-8-2011)
(a) Houston Historic District. All land located
within an area described by blocks 336, 337, 348,
Sec. 38-120. Penalties for violations. 349, 350, 351; block 367, lots 3-10; block 368.
(a) A person that violates this article is respon- (b) Campus Historic District. All land located
sible for a municipal civil infraction and may be within an area described by blocks 396, 397, 399.
fined the maximum permitted by law, not more
than $5,000.00. (c) McLaughlin Historic District. All land lo-
cated within an area described by blocks 226, lots
(b) A person that violates this article may be 1-5, and 12; blocks 227, 228, 229; block 230, lots
ordered by the court to pay the costs to restore or 1-5 and 14; block 238, lots 1-5 and 12; blocks 239,
replicate a resource unlawfully constructed, added 240, 241; block 242, lots 7-10; blocks 243, 253;
to, altered, repaired, moved, excavated or demol- block 254, easterly 66 feet oflots 7-10; block 362,
ished. lots 10-19; block 383, lots 7-12; block 394, lots
(Ord. No. 2290, § 1(38.120), 3-8-2011) 9-16.
Sec. 38-121. Acceptance of gifts or grants. (d) Clinton-Peck Historic District. All land lo-
cated within an area described by block 275, lots
The city commission may accept state or fed- 1-9; block 276, lots 7-14; block 277; block 278, lots
eral grants for historic preservation purposes, 1-6; blocks 288,289; block 300, lots 1-6; block 423,
may participate in state and federal programs lots 7-12; block 424, lots 7-12; block 444, lots 7-12;
that benefit historic preservation, and may accept block 445, lots 7-12.
public or private gifts for historic preservation
purposes. The city commission may appoint the (e) Jefferson Historic District. All land located
historic district commission to accept and admin- within an area described by block 425, lots 1-6;
ister grants, gifts, and program responsibilities. block 426, lots 8-14; block 442, lots 8-14; block
(Ord. No. 2290, § 1(38.121), 3-8-2011) 443, lots 1-6; block 446, W 162 feet lot 1, N 74.5
feet of W 154 feet lot 2, and N 75 feet of S 149.5
Sec. 38-122. Acquisition of historic re- feet ofW 154 feet lot 2; block 447, lots 8-14; block
sources. 463, lots 7-9 and E 105.1 feet lot 10; block 464, lots
1-4.
If all efforts by the historic district commission
(f) Clay-Western Historic District. All land lo-
to preserve a resource fail, or if it is determined by
the city commission that public ownership is most cated within an area described by blocks 314, 315,
suitable, the city commission, if considered to be 316, 323, 568 and 570.
in the public interest, may acquire the resource (g) National Register Historic District. All land
using public funds, public or private gifts, grants located within an area described by blocks 324,
or proceeds from the issuance of revenue bonds. 325, 326; block 327, lots 4-9; block 334, lots 4-9;
The acquisition shall be based upon the recom- block 335.
mendation of the historic district commission.
(h) Other areas. The following land area is
The historic district commission is responsible for
maintaining publicly owned resources using its hereby included within the historic districts: Block
own funds, if not specifically designated for other 313, lots 1, 2 and the east 20 feet of lot 3; block
purposes, or public funds committed for that use 327, lots 10, 11; block 334, lots 1-3 and 10-12.
(Ord. No. 2290, § 1(38.123), 3-8-2011)
by the city commission. Upon recommendation of
CD38:10