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, 399.201a(p), Clarkston Ordinance 152.04, and Charter Proposal 16.2(b) – “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. Ordinary maintenance does not constitute “work” (as defined below).
LHDA, 399.201a(s), Clarkston Ordinance 152.04, and Charter Proposal 16.2(b) – “Resource” means one or more publicly or privately owned historic or nonhistoric buildings, structures, sites, objects, features, or open spaces located within a historic district.
LHDA, 399.201a(v), Clarkston Ordinance 152.04, and Charter Proposal 16.2(b): “Work” means construction, addition, alteration, repair, moving, excavation, or demolition.
LHDA, MCL 399.210 – Nothing in the LHDA should be construed to prevent ordinary maintenance or repair of a resource within a historic district, or to prevent work on any resource under a permit issued by the inspector of buildings . . .
Consistent with the definitions of “work” and “ordinary maintenance,” Section 16.8(b) of the charter proposal prohibits the HDC from becoming involved with or attempting to regulate ordinary maintenance that doesn’t affect the external appearance of a resource. The HDC can require application for a permit only for “work.” LHDA, MCL 399.205(1), Clarkston Ordinance 152.07(A). If “ordinary maintenance” is not “work,” then the HDC cannot regulate it or require an order to apply for a permit to perform ordinary maintenance.
Notes:
The HDC has inappropriately asked residents to approach it for every ordinary maintenance-type project – whether it affects the exterior of the resource or not – so it can review and approve it, even though the HDC has never had the authority to do this. The HDC does this because it wants to “catch” people doing things they shouldn’t, such as adding aluminum siding, even though adding aluminum siding would change the exterior appearance of a resource, would always require HDC permission (that would never be granted), and the HDC could seek an order forcing the property owner to remove the aluminum siding if it was installed without HDC permission.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)