SECTION 16.8 (d) – COMMISSION AUTHORITY – Limited Authority Over the Exterior of Resources

Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.

 

Discussion:

LHDA, MCL 399.205(4), and Clarkston Ordinance 152.07(D) limit the HDC’s authority to reviewing and acting on exterior features of a resource. They expressly prohibit the HDC from being involved in changes to interior arrangements of a resource (unless the interior work causes a visible change to the exterior of the resource) or any consideration that is not described in MCL 399.205(3) (referring to the United States secretary of the interior’s standards for rehabilitating historic buildings as set for in the Code of Federal Register, 36 CFR 67, discussed further under the heading “Standards and Guidelines,” Section 16.9(a) below).

The Charter Proposal limits the authority of the HDC to reviewing work that would cause a visible change to the exterior of a resource that can be seen by a person of ordinary height from the public road or public sidewalk without the use of visual aids.

Notes:

This is consistent with the way the HDC’s authority has been traditionally defined within the historic district. It is also consistent HDC chair Rob Hauxwell’s recent emails to a resident affirming that work done in the backyard that is not visible from the street is not within the HDC’s purview.

 

Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)