Part 4 – Procedural

HDC Review Flow Chart

Staff Approval Information

Work Done without Permits

How to Appeal a Commission Decision

Ann Arbor HDC Commissioner Handbook July 2023

Ann Arbor Historic District Commission
Review Process

Property Owner has an Bring project information to

exterior project staff at City Hall

Fill out application form. Does project have to be

Fill out application form. Apply for Building Permit,
Pay review fee. YES reviewed by Historic NO
Staff approves minor work. if required
Add project to HDC agenda District Commission (HDC)?

YES

HDC Review Committee visits HDC reviews application at

Staff visits property and site before meeting monthly meeting
HDC approves application?
prepares Staff report
APPLICANT ATTENDS APPLICANT ATTENDS

NO

YES
Submit corrected or
changed application?

NO

Appeal to State Historic

Preservation Review Board
 Ann Arbor Historic District Commission

Staff Approval List

The Ann Arbor Historic District Commission hereby authorizes the Planning and Development Services
Manager or their designee to approve the following work items on behalf of the Commission.

1) Replacement of existing windows that are deteriorated beyond repair per the Guidelines for Window
Evaluation, Repair, and Replacement and that match the existing in size, type, location, material and
muntin pattern; bare metal finishes, Low “E” reflective or tinted glazing are not permitted unless they
match the existing.
2) Installation of new storm windows and storm doors that match the opening size and are not bare metal;
that mullions and meeting rails of storm windows match the prime windows; and the design of the storm
door is similar in style to the prime door.
3) Replacement of non-original windows or doors; or windows or doors in non-contributing resources;
with new windows or doors that are an accurate restoration using historical, pictorial, and physical
documentation, or a new design that is compatible with the openings and historic character of the
building.
4) Installation of any awnings at any opening on the rear elevation of a structure for properties not situated
on a corner lot.
5) Replacement of existing awnings in the same location and dimension.
6) Replacement of existing signage in the same size, dimension, and location.
7) Installation of new skylights on non-character defining roof surfaces not visible from the street provided
the skylights are flat, do not extend more than 6 inches above the roof surface, are similar to the color of
the roof material and cover not more than 10% of the roof surface on which they are located; bare metal
finishes, bubble or domed skylights are permitted only on flat or rear-facing roofs.
8) Replacement of roofs with a material exactly matching the existing top roofing layer or with the original
roofing material or a replica of the missing or covered original roofing material.
9) Installation of new wood clapboard siding or artificial siding that replicates clapboard where the existing
siding is artificial and provided the exposed vertical dimension of the new “clapboard” is no more than five
inches or within one inch of the missing or covered original; no new material may cover nor require the
removal of any original trim or architectural detail such as ornamental shingles, carved brackets, window
hoods and the like.
10) Removal of artificial siding to repair and restore original siding.
11) Cleaning of masonry provided the application meets the requirements in Preservation Briefs 1:
Assessing Cleaning and Water-Repellent Treatments for Historic Masonry Buildings and Preservation
Briefs 6: Dangers of Abrasive Cleaning to Historic Buildings.
12) Reconstruction of masonry to exactly match the existing in color, size, texture, coursing, mortar profile,
color, composition, and joint width.
13) Gutter and downspout replacement with exactly matching design, materials, and placement; or new
gutters and downspouts where none currently exist, in a style that is compatible with the historic character
of the building.
14) The installation of satellite dishes or antenna, provided the location is not visible from the street or
sidewalk in the front, or if a corner lot, the street or sidewalk on the side.
15) Installation of new handrails that match the existing balustrade may be added to porch steps, or the
replacement of non-original handrails with replicas of documented original handrails, or new compatible
handrails.
16) Re-construction of existing fire escapes in a matching or smaller size.
17) The removal of dead, diseased or damaged historic trees/plantings extant from the period of
significance with a written statement from a professional service or arborist confirming that the historic
trees/plantings are dead, diseased, or damaged.
18) The replacement of existing on-grade walkways, stairways, retaining walls, patios, and driveways in the
same location in matching or compatible materials.
19) Replacement of fences of any kind except that chain link or metal security type fences may not be
installed in the front open space or within the side open space on the street side of corner lots.
20) Installation of glass block in existing basement openings that are not on the front or street facing side
elevations provided that the glass block is recessed to the same plane as the window.
21) Replacement of concrete basement walls provided that the exterior of the portions of the walls above
grade are finished in a material matching the original or with a smooth parge coat.
22) Replacement of basement windows only when the portion of the basement wall containing the window
is replaced: the new windows shall be an accurate restoration using historical, pictorial, and physical
documentation; or wood or metal-clad wood windows that match the existing in size, type, location,
material and muntin pattern.
23) Window and door boarding provided that the boarding-up is temporary and for the protection of the
building; and the boarding is painted to look like windows or a dark color such as black or brown.
Boarding used for ventilation techniques allowing air flow into the building should be similarly painted a
dark color.
24) Installation of artwork that is non-permanently attached to a building exterior provided that it measures
less than 25 square feet in total area, does not damage or destroy historic materials, does not obscure
historic or architectural features, and is not visible from the street or sidewalk.
25) Installation of new fences provided they meet the requirements of the Historic District Design Guidelines.
26) Reconstruction of existing historic porches or porch elements that are beyond repair, provided the
materials and design exactly match the existing materials and design.
27) Reconstruction of existing non-historic porches to match the existing design or the historic design that is
documented using historical, pictorial, or physical documentation, or a new design that is compatible with
the historic character of the building.
28) Replacement of non-original garage doors with new doors that are compatible with the design of the
garage and are located within the existing or historic opening.
29) Installation of air conditioning, mechanical equipment, or associated vents or other work, provided that:
the equipment or work is not visible from the street or sidewalk; is finished to blend into the building,
where appropriate; and does not destroy historic features.
30) Replacement of existing playground equipment in public parks.
31) Installation of external lighting on signs, provided the lighting meets the requirements of the Historic
District Design Guidelines.
32) The replacement of existing decks in the same location in a matching or smaller size; or the expansion of
decks on non-contributing resources provided the expansion is not greater than 25% of the existing deck
area and does not negatively impact historic resources.
33) Installation of new solar panels on non-character defining roof surfaces not visible from the street, or
installation of black-on-black panels on side facing roof surfaces that are visible from the street.
34) Installation of compatible windows and doors in new openings on non-contributing buildings.
35) Installation of new residential patios at grade that are constructed of brick, stone, pavers, or similar
compatible materials, that do not exceed 150 square feet, and are located at the rear of the building.
36) Installation of new metal chimneys that do not obscure, destroy, or otherwise compromise original trim or
architectural features of the building, that are a dark color or match the roof, and that do not exceed the
minimum height and minimum diameter required by state building code, and are not a prominent feature
of the roof.
37) Small cell wireless facilities on existing or new utility poles that do not destroy, distract from, or obscure
historic character or architectural features.

Adopted February 8, 2007, Effective April 4, 2007; Amended: June 14, 2007; November 8, 2007; January 14,
2010; May 13, 2010; March 10, 2011; January 12, 2012; October 12, 2017; May 14, 2020; January 12, 2023.
 CITY OF ANN ARBOR, MICHIGAN
301 E. Huron Street, P.O. Box 8647, Ann Arbor, Michigan 48107-8647
www.a2gov.org

Planning & Development Services - Planning (734) 794-6265

Community Services Area

MEMORANDUM

To: Historic District Commissioners

From: Jill Thacher, Historic Preservation Coordinator

Date: January 4, 2013

Re: Chapter 103, Section 8:421

To assist in discussions of work done without HDC permits, I’ve put together a small
decision tree to help guide the Commission through the City Code section that deals with
such work.

From Ann Arbor City Code, Chapter 103, § 8:421: (emphasis added)

(3) When work has been done upon a resource without a permit, and the
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
or to modify the work so that it qualifies for a certificate of appropriateness. If
the owner does not comply with the restoration or modification requirement within a
reasonable time, the commission may request for the city to 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. If the owner
does not comply or cannot comply with the order of the court, the commission may
request for the city to 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 costs of the
work shall be charged to the owner, and may be levied by the city as a special
assessment against the property. When acting pursuant to an order of the circuit
court, the city may enter a property for purposes of this section.
1) Does the work that was performed without a valid permit qualify for a certificate of
appropriateness?

If yes, propose a motion that includes the appropriate Secretary of the Interior’s Standards
and Guidelines.

If no, move on to 2 or 3 below.

2) Require the owner to restore the resource to the condition the resource was in before
the inappropriate work.

If this is impossible or unfeasible, move on to 3 below.

3) Require the owner to modify the work so that it qualifies for a Certificate of
Appropriateness.

This may include partial restoration, repairs, replacement, a combination, or other work.
Michigan Department of History, Arts and Libraries Office of Regulatory Affairs

HOW TO APPEAL A COMMISSION DECISION

When a local historic district commission denies an application for a permit, the applicant may not legally proceed
with any exterior work, including demolishing or moving a structure, unless the commission’s decision is appealed
and is set aside or modified by higher authority.

Michigan’s Local Historic Districts Act (1970 PA 169, § 5; MCL 399.205) provides that a person aggrieved by a
commission’s decision may appeal to the State Historic Preservation Review Board. The Review Board is an
agency of the Michigan Department of History, Arts and Libraries. The Board’s members have expertise in
history-related disciplines, and the Board has authority to affirm, modify or set aside a commission decision.
However, before anyone petitions the Board for relief, every effort should be made to resolve historic
preservation issues at the local level.

INSTRUCTIONS FOR FILING:

To appeal a commission’s decision, an aggrieved party should mail a written claim of appeal, in any form
or format, to the State Historic Preservation Review Board, Michigan Library and Historical Center, 702
West Kalamazoo Street, P.O. Box 30740, Lansing, Michigan 48909-0348. The appeal may be faxed to
517-335-0348. By law, appeals must be filed within 60 calendar days after the applicant has received
a written notice of denial or other action of the commission. A copy of the notice must always
accompany the appeal. In addition, the appeal must clearly state that it is an “appeal” and must also
indicate the reason or reasons for reversing the denial. Inquiries may be directed to the Review Board’s
Executive Secretary, Brian D. Conway, at 517-373-1630.

THE ADMINISTRATIVE HEARING

After a claim of appeal is filed, the Review Board will refer the matter to the State Office of Administrative
Hearings and Rules (SOAHR). SOAHR will schedule an administrative hearing and assign an Administrative Law
Judge to preside over that proceeding. The hearing represents an opportunity for the petitioner and the commission
to present evidence and legal arguments. All parties will be informed of the place, date and time for the hearing by
SOAHR. In lieu of a hearing, a petitioner may choose instead to submit his or her evidence and arguments in
documentary form. If a hearing has been scheduled and the petitioner subsequently decides not to attend, the
petitioner should so inform the Administrative Law Judge prior to the hearing.

Petitioners have the burden of proof at administrative hearings. Thus, petitioners must be prepared to show how the
commission has erred and explain why the commission’s decision should be modified or set aside.

POSSIBLE ISSUES

Every administrative appeal is unique, and claims of commission error will differ. However, the following are
examples of claims of error that have previously been alleged:

1. The historic district commission was arbitrary and capricious.

2. The commission should have determined that the resource was a hazard to public safety.
3. Continuation of the historic resource will deter a major community improvement program.
4. The commission improperly applied the U.S. Secretary of the Interior’s Standards for Rehabilitation
and the federal Guidelines for Rehabilitating Historic Buildings.
5. Historic resource retention will cause undue financial hardship for the property owner.

(HAL/SHPO/ORA-6/21/05)
 -2-

Again, appeals should always specify the reasons why the commission’s decision is believed to be erroneous.

EVIDENCE

As noted above, appellants have the burden of proof and must prove that alleged error actually occurred. To do this,
petitioners typically present evidence at the administrative hearing. Evidence may consist of documentary materials,
such as labor estimates and materials price quotes. Appellants may also present sworn testimony from themselves,
and from witnesses like licensed contractors who have inspected the historic building and possess knowledge of its
condition. Photographs, designs, and drawings, etc., may also be submitted.

Petitioners should begin preparing for their hearings well in advance. In other words, a petitioner should not wait
until shortly before the day of hearing to begin collecting evidence. Orderly presentations are helpful to everyone.
A party should bring at least three (3) copies of each exhibit that he/she intends to offer.

Petitioners must present certain evidence in every case. The required evidence consists of:

1. The original (or a copy) of the written notice from the commission denying the petitioner’s
application to perform work in the historic district.
2. The original (or a copy) of any document verifying the petitioner has a legal interest in the
property. This could be a deed, purchase agreement, land contract, or a lease.

LEGAL REPRESENTATION

Petitioners may represent themselves or engage a legal representative during the appeal. An attorney employed by
a petitioner should file an appearance with SOAHR. The appearance may be faxed to 517-335-6696.

COMMISSION REPRESENTATIVE

Most commissions send at least one representative to the administrative hearing. Sometimes this representative
testifies at the hearing. Also, commissions generally submit relevant documents maintained in their files. Such
documents are usually admitted into the official hearing record. The commission’s representative, who may be a
municipal attorney, will also be expected to submit copies of local historic district ordinances, as well as other
pertinent materials such as meeting minutes and local restoration standards and guidelines.

THE DECISION PROCESS

After the hearing, the Administrative Law Judge will prepare a Proposal for Decision for the Review Board’s
consideration. SOAHR will send a copy of the proposed decision to the petitioner or the petitioner’s attorney and to
the commission’s legal representative. If either party is dissatisfied with any aspect of the proposal, the party may
file written exceptions. The Review Board will then consider the proposal, along with any exceptions, at its next
regularly scheduled meeting. After reviewing all materials, the Board will issue the Final Decision and Order in the
case. Copies will be furnished to the parties and their attorneys. Typically, a Final Decision and Order will be
issued within three to four months of the date an appeal is received.

APPEALS OF REVIEW BOARD DECISIONS

A petitioner who is dissatisfied with the Review Board’s Final Decision and Order may appeal to circuit court.
Appeals must be filed with the court that has jurisdiction over the commission whose decision was appealed to the
Board. Court appeals must be filed within 60 days of issuance of the Final Decision and Order.