[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 10, Ch. 11, of the 1994 Code. Amendments noted
where applicable.]
It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of built improvements, landscapes,
or sites of special character or special architectural, archaeological
or historic interests or value are a public necessity and are required
in the interest of the health, prosperity, safety and welfare of the
people. Such properties provide the Village with its unique identity.
Authority for this chapter derives from §§ 61.35 and
62.23(7)(em), Wis. Stats. The purpose of this chapter is to:
A.
Protect, enhance, and preserve such improvements, landscapes, sites,
and districts which represent or reflect elements of the Village's
cultural and architectural history;
B.
Enhance the visual and aesthetic character of the Village;
C.
Promote the use of historic properties and districts for the education,
pleasure, and welfare of the people; and
D.
Foster civic pride in the accomplishments of the past.
The definitions shall be as follows:
The certificate issued by the Committee approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
building, structure, landscape, or site or any improvement in a locally
designated historic district.
The Belleville Historic Preservation Committee created under
this chapter.
An area designated by the Village Board based on the recommendation
of the Committee which contains a significant concentration of buildings,
structures, objects, and/or sites which are linked together historically
or aesthetically.
Any parcel of land of substantial historic or prehistoric
significance which has been designated as a historic property under
this chapter, and includes any improvements and any abutting parcel
and improvements or part thereof used as and constituting part of
the historic property.
Any improvement which has a special historic value as part
of the cultural development of the Village, state or nation and which
has been designated as a historic structure pursuant to the provisions
of this chapter.
Any building, structure, object, site or landscape constituting
a physical betterment of real property, or any part of such betterment,
including streets, alleys, sidewalks, curbs, lighting fixtures, signs,
and the like.
A Historic Preservation Committee is hereby created consisting
of five members. The members shall be appointed by the Village President,
subject to confirmation by the Village Board, to serve staggered two-year
terms. One member shall be a Village Trustee. Of the other members,
if practicable and available in the community, one shall be a registered
architect, one shall be a historian, one shall be a licensed real
estate broker, and one shall be a citizen. The Village President shall
designate three of the initially appointed members to serve two-year
terms and two of the initially appointed members to serve one-year
terms, with each subsequent appointment to be for a two-year term
so that appointments occur in both odd-numbered and even-numbered
years.
A.
For purposes of this chapter, a historic property, historic structure,
or historic district designation may be placed on any property, natural
or improved, including any improvement located thereon, or any area
of particular historic, architectural, archaeological or cultural
significance to the Village, such as historic buildings, structures,
sites, or objects, or districts which maintain sufficient physical
integrity to represent their areas of significance and fall under
one or more of the following criteria:
(1)
Exemplify or reflect the broad cultural or social history or important
events of the nation, state or community;
(2)
Are identified with historic personages in national, state, or local
history;
(3)
Embody the distinguishing characteristics of an architectural type
or specimen inherently valuable for a study of a period, style, method
of construction, interior spaces, or of indigenous materials or craftsmanship
or of the notable work of a master builder, designer or architect
who influenced his or her age; or
(4)
Have yielded, or may be likely to yield, information important to
prehistory or history.
B.
The Committee shall adopt specific operating guidelines for historic
property and district designation, provided that such are in conformance
with the provisions of this chapter.
(1)
Such
guidelines will include the following provisions:
(a)
To make such a property designation, a Village citizen, his (her)
representative, or a Committee member shall submit to the Committee
a physical description of each property, identification of the current
owners of record and its functions, a statement of its historical
significance, black and white photographs of all exterior elevations
of the property, a statement of location or legal description, a Village
plat showing the precise boundaries of the property, and any other
maps or sketches which clarify the nature of the property included
in the designation.
(b)
The Village Clerk/Treasurer shall examine the legal description to
ascertain that it specifies the intended property.
(2)
The
Committee may wish to further specify the kinds of information required
to be submitted.
A.
Designation. The Committee shall have the power, subject to § 304-6, to recommend designation of historic properties and to recommend designation of historic districts within the Village limits. Such designations shall be based on the criteria established in § 304-4. Historic properties and districts shall be approved by the Village Board. Once designated, such historic properties and districts shall be subject to all the provisions of this chapter.
B.
Appropriations. The Committee shall have no authority to appropriate
funds for any purpose but may recommend appropriations to the Village
Board.
C.
Regulation of construction, reconstruction, rehabilitation, alteration
and demolition.
(1)
Unless a certificate of appropriateness has been granted by the Committee,
no owner or person legally in charge of a single historic property
or property within a historic district shall:
(2)
The Building Inspector shall not issue a permit for any such work
unless a certificate of appropriateness has been granted by the Committee.
(3)
Upon filing of any application for a certificate of appropriateness
with the Committee, the Committee shall approve the application if
it generally follows the concepts outlined in the Secretary of the
Interior's Standards for Rehabilitation, unless:
(a)
In the case of a designated historic property, the proposed
work would detrimentally alter, destroy, or adversely affect any exterior
feature of the improvement or adjacent lands upon which said work
is to be done, including adjacent archaeological sites.
(b)
In the case of the construction of a new improvement on a historic
property or within a historic district, the exterior of such improvement
would adversely affect or fail to harmonize with the external appearance
of other neighboring improvements on such property or within the district.
(c)
In the case of any property located in a historic district,
the proposed construction, reconstruction, rehabilitation, exterior
alternation, or demolition does not conform to the purpose and intent
of this section and to the objectives and design criteria of the historic
preservation plan for said district.
(d)
The building or structure is of such architectural or historical
significance that its demolition would be detrimental to the public
interest and contrary to the general welfare of the people of the
Village and state.
(e)
In the case of a request for the demolition of a deteriorated
building or structure, any economic hardship or difficulty claimed
by the owner is self-created or is the result of any failure to maintain
the property in good repair.
(4)
If the Committee determines that the application for a certificate
of appropriateness and the proposed changes are consistent with the
character and features of the property or district, it shall issue
the certificate of appropriateness. The Committee shall make this
decision within 45 days of the filing of the application.
(5)
The issuance of a certificate of appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the Village. A building permit or other municipal permit shall
be invalid if it is obtained without the presentation of the certificate
of appropriateness required for the proposed work.
(6)
Ordinary maintenance and repairs may be undertaken without a certificate
of appropriateness, provided that the work involves repairs to existing
features of a historic property or the replacement of elements of
the improvement with pieces identical in appearance and provided that
the work does not change the exterior appearance of the structure
or site and does not require the issuance of a building permit.
D.
Appeals. Should the Committee not issue a certificate of appropriateness
because of the failure of the proposal to conform to the guidelines,
the applicant may appeal such decision to the Village Board within
30 days. In addition, if the Committee does not issue a certificate
of appropriateness, the Committee shall, with the cooperation of the
applicant, work with the applicant in an attempt to obtain a certificate
of appropriateness within the guidelines of this chapter.
E.
Recognition of historic properties and districts. At such time as
the historic property or district is properly designated, the Committee,
in cooperation with the property owner(s), may cause to be prepared
and erected on such property at Village expense (if such expense is
approved by the Village Board) a suitable plaque declaring that such
property is a historic property or district.
F.
Historic survey. The Committee has the authority to conduct a historic
survey of buildings in the Village of Belleville for the purposes
of identifying those possessing historic significance.
G.
Gifts, donations, grants, and fund-raising. The Historic Preservation
Committee may recommend to the Village Board acceptance of such gifts,
grants, and money as may be appropriate for the purposes of this chapter
and the restoration and rehabilitation of the Old Library. Moneys
for all other purposes, including the maintenance of the Old Library
and associated property, will be maintained as part of the Village
budget.
H.
Maintenance of historic properties and districts owned by the Village.
Under the direction of the Committee, the Village will assume the
routine maintenance of any historic objects, properties, or districts
under its ownership as it does any other property under its ownership.
I.
Educational function. The Committee may prepare and publish maps
and brochures, construct exhibits, and provide other descriptive materials
about Belleville's heritage for educational purposes.
J.
Cooperation with other organizations. The Committee may cooperate
with and enlist the assistance of persons, organizations, corporations,
foundations, and public agencies in matters involving historic preservation,
education, fund-raising, renovation, rehabilitation, and reuse of
historic properties.
K.
Advisory capacity. The Committee may advise and assist or obtain
information for owners of historic properties on historic preservation
questions.
A.
Designation of historic properties.
(1)
The Committee may, after notice and public hearing, recommend designation of historic properties or rescission of such designation or recommendation if unavoidable alteration has occurred, after application of the criteria in § 304-4 above. At least 10 days prior to such hearing, the Committee shall notify the owners of record, as listed with the Village Clerk/Treasurer, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.
(2)
The Committee shall then conduct such public hearing and, in addition
to the notified persons, may hear expert witnesses and shall have
the power to subpoena such witnesses and records as it deems necessary.
Within 10 days after the close of the public hearing, the Committee
may recommend designation of the property as an historic property
or historic structure or recommend rescission of the designation.
Notification shall be given to the Village Clerk/Treasurer.
(3)
The Village Board, upon receipt of the recommendations from the Historic
Preservation Committee, after review of such recommendation by the
Plan Commission, shall either designate or reject the designation
of the property as a historic property or rescind or reject rescission
of the designation. The Village Board shall cause the designation
or rescission to be recorded, at Village expense, in the office of
the County Register of Deeds.
B.
Creation of historic district.
(1)
A historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the Village, after application of the criteria in § 304-4 above. The historic designation shall include within it a historic preservation plan prepared by the Historic Preservation Committee. The specific plan shall be tailored to the circumstances of each district. This document shall include a brief physical description of the district, identification of the current owners of record and functions of each property in the district, a description of its boundaries, a Village plat showing the legal boundaries of the district, black and white photographs of each property, and a historical/cultural and architectural statement of significance of the district and the plan. The plan shall include the specific guidelines for future development within the area and a statement of preservation objectives. The Village Clerk/Treasurer shall examine the description and map to ascertain that they indicate the intended properties. The Village zoning ordinances shall be amended to eliminate any inconsistencies with the preservation plan. The Committee may further specify the kinds of information required to be included in the plan.
(2)
Review and adoption procedure.
(a)
Historic Preservation Committee. The Historic Preservation Committee
shall hold a public hearing when considering the plan and designation
of a historic district. Notice of the time, place, and purpose of
the public hearing shall be sent to the Village Board and the owners
of record, as listed with the Village Clerk/Treasurer, who are owners
of the property within the proposed historic district or situated
in whole or in part within 200 feet of the boundaries of the proposed
historic district. Said notice is to be sent at least 10 days prior
to the date of the public hearing. Following the public hearing, the
Historic Preservation Committee shall vote to recommend, reject or
withhold action on the designation and plan.[1]
(b)
Village Board. The Village Board, upon receipt of the recommendations from the Historic Preservation Committee, after review of such recommendation by the Plan Commission, shall hold a public hearing, notice to be given as noted in Subsection B(2)(a) above, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall occur in two steps: adoption of the designation and then of the plan prepared for that district. Adoption of both shall direct the implementation of said plan. If the Village Board fails to adopt the plan, where prudent, the Village Board and Committee will cooperatively revise the plan, hold public hearing as noted in this section, and reconsider the plan.
No building permit shall be issued by the Building Inspector
for alteration, rehabilitation, construction, demolition, or removal
of a single nominated historic property or any property within a nominated
historic district from the date of the meeting of the Historic Preservation
Committee at which a nomination form is first presented until the
final disposition of the nomination by the Historic Preservation Committee
or the Village Board, unless alteration, removal or demolition is
authorized by formal resolution of the Village Board as necessary
for public health, welfare, or safety. In no event shall the delay
be for more than 180 days.
Any person or persons violating any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. Each and every day during which a violation continues shall be deemed to be a separate offense. Inspection for the purposes of enforcing this chapter will be performed by the Building Inspector under direction of the Village Board. Notice of violations shall be issued by the Building Inspector.
