[HISTORY: Adopted by the City Council of the City of Fond
du Lac at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of improvements of special character
or special historical interest or value are a public necessity and
are required in the interest of health, prosperity, safety and welfare
of the people. The purpose of this chapter is to:
A.
Effect and accomplish the protection, enhancement, and perpetuation
of such improvements and of districts which represent or reflect elements
of the City of Fond du Lac's cultural, social, economic, political,
engineering and architectural history.
B.
Safeguard the City of Fond du Lac's historic and cultural heritage,
as embodied and reflected in such historic structures, sites and districts.
C.
Stabilize and improve property values.
D.
Foster civic pride in the beauty and noble accomplishments of the
past.
E.
Protect and enhance the City of Fond du Lac's attractions to
residents, tourists and visitors, and serve as a support and stimulus
to business and industry.
F.
Strengthen the economy of the City of Fond du Lac.
G.
Promote the use of historic structures, sites and districts for the
education, pleasure and welfare of the people of the City of Fond
du Lac.
In this chapter, unless the context clearly requires otherwise,
the following terms shall have the meanings indicated:
The Historic Preservation Commission created under this chapter.
An area designated by the City Council of the City of Fond
du Lac on recommendation of the Commission, composed of two or more
improvement parcels that together comprise a district of special character
or special historic interest or value as part of the development,
heritage or cultural characteristics of the City of Fond du Lac, state
or nation, and which has been designated as an historic district pursuant
to the provisions of this chapter.
Any parcel of land whose historic significance is due to
a substantial value in tracing the history of aboriginal people, or
upon which a historic event has occurred, and which has been designated
as a historic site under this chapter, or an improvement parcel, or
part thereof, on which is situated a historic structure and any abutting
improvement parcel, or part thereof, used as and constituting part
of the premises on which the historic structure is situated.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the City of Fond du Lac, state or nation
and which has been designated as a historic structure pursuant to
the provisions of this chapter.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment.
The unit of property which includes a physical betterment
constituting an improvement and the land embracing the site thereof,
and is treated as a single entity for the purpose of levying real
estate taxes; provided, however, that the term "improvement parcel"
shall also include any unimproved area of land which is treated as
a single entity for such tax purposes.
A.
Members. A Historic Preservation Commission is hereby created, consisting of seven members. Of the membership, it is desirable that one be a registered architect, one a historian qualified in the field of historic preservation, and one a licensed real estate broker. In addition, one shall be a councilman, and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. Members shall be appointed pursuant to § 14-1 of this Code. Of the initial members so appointed, two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years. Thereafter, the term for each member shall be three years.
B.
Officers. The Commission shall elect from its membership a Chairperson
and Vice Chairperson whose terms of office shall be fixed by the bylaws.
The Chairperson shall preside over the Commission and shall have the
right to vote. The Vice Chairperson shall, in all cases of absence
of the Chairperson, perform the duties of the Chairperson. A majority
of the Commission shall constitute a quorum for the transaction of
business. The Commission shall adopt rules for the transaction of
its business which shall provide for the time, place and manner of
holding regular and special meetings. All meetings of the Commission
shall be open to the public and any person or his duly constituted
representative shall be entitled to appear and to be heard on any
matter before the Commission before it reaches its decision.
C.
Secretary and staff. The Commission shall appoint a Secretary who
shall keep a record of all minutes, resolutions and proceedings and
other actions of the Commission.
A.
For the purpose of this chapter, a historic structure, historic site,
or historic district designation may be placed on any site, natural
or improved, including any building, improvement or structure located
thereon, or any area of particular historic, architectural or cultural
significance to the City of Fond du Lac, such as historic structures,
sites and districts which:
(1)
Exemplify or reflect the broad cultural, political, economic or social
history of the nation, state or community;
(2)
Are identified with historic personages or with important events
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, or of indigenous materials or craftsmanship; or
(4)
Are representative of the notable work of a master builder, designer
or architect whose individual genius influenced his age.
B.
The Commission may adopt specific operating guidelines for landmark
sites designation, provided that such are in conformance with the
provisions of this section.
A.
Designation. The Commission shall have the power, subject to § 374-6, to designate historic structures, historic sites and historic districts within the City of Fond du Lac limits. Such designations shall be made based on § 374-4. Once designated by the Commission, such historic structures, sites and districts shall be subject to all the provisions of this chapter. Historic district designations must be approved by the City Council of the City of Fond du Lac.
B.
Regulation of construction, reconstruction and exterior alteration.
(1)
Any application for a permit from the Building Inspector involving
the exterior of a designated historic site or structure within an
historic district shall be filed with the Historic Preservation Commission.
(2)
No owner or person in charge of an historic site or structure within
an historic district shall reconstruct or alter all or any part of
the exterior of such property or construct any improvement upon such
designated property or properties within an historic district or cause
or permit any such work to be performed upon such property unless
a certificate of appropriateness has been granted by the Historic
Preservation Commission. Unless such certificate has been granted
by the Commission, the Building Inspector shall not issue a permit
for any such work.
(3)
Review of application.
(a)
Upon filing of any application with the Historic Preservation
Commission, the Historic Preservation Commission shall determine:
[1]
Whether, in the case of a designated historic structure or site,
the proposed work would detrimentally change, destroy or adversely
affect any exterior architectural feature of the improvement upon
which said work is to be done;
[2]
Whether, in the case of the construction of a new improvement upon
a historic site, the exterior of such improvement would adversely
affect or not harmonize with the external appearance of other neighboring
improvements on such site; and
[3]
Whether, in the case of any property located in an historic district designated pursuant to the terms of Subsection D, hereunder, the proposed construction, reconstruction or exterior alteration does not conform to the objectives and design criteria of the historic preservation plan for said district as duly adopted by the City Council of the City of Fond du Lac.
(b)
In cases of a designated historic site which has had its principal structure completely destroyed by fire, demolition, other means, or conditions noted in § 374-9, the plan review requirements of this Subsection B shall not apply unless there is a designated historic site, historic structure, or historic district within 200 feet of the historic structure that has been destroyed.
(4)
If the Commission determines Subsection B(3)(a)[1], [2] and [3] above in the negative, it shall issue the certificate of appropriateness. Upon the issuance of such certificate, the building permit shall then be issued by the Building Inspector. The Commission shall make this decision within 30 days of the filing of the application. Should the Commission refuse to issue a certificate of appropriateness due to the failure of the proposal to conform to the above guidelines, the applicant may appeal such decision to the Board of Appeals, which may grant said certificate by a three-fourths vote only, and then only upon a clear showing of economic hardship by the applicant. In addition, if the Commission fails to issue a certificate of appropriateness, the Commission shall, at the request of the applicant, cooperate and work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter.
C.
Regulation of demolition. No permit to demolish all or part of an
historic structure, or improvement in an historic district, shall
be granted by the Building Inspector except as follows:
(1)
No person in charge of an historic structure shall be granted a permit
to demolish such property under any circumstances without first receiving
the written approval of the Commission.
(2)
At such time as such person applies for a permit to demolish such
property, such application shall be filed with the Commission. Upon
such application, the Commission may refuse to grant such written
approval for a period of up to six months from the time of such application
for single-family homes and up to one year for other types of structures,
during which time Commission and the applicant shall undertake serious
and continuing discussions for the purpose of finding a method to
save such property. During such period, the applicant and the Commission
shall cooperate in attempting to avoid demolition of the property.
At the end of the required time period, if no mutually agreeable method
of saving the subject property bearing a reasonable prospect of eventual
success is underway, or if no formal application for funds from any
governmental unit or nonprofit organization to preserve the subject
property is pending, the Building Inspector may issue the permit to
demolish the subject property without the approval of the Commission.
If such mutually agreeable method for saving the subject property
is not successful or no such funds to preserve the subject property
have been obtained and available for disbursement within a period
of 60 days following the end of the required time period, the Building
Inspector may issue the permit to demolish the subject property without
the approval of the Commission.
(3)
Standards. In determining whether to issue a certificate of appropriateness
for any demolition, the Commission shall consider and may give decisive
weight to any or all of the following:
(a)
Whether the building or structure is of such architectural or
historic significance that its demolition would be detrimental to
the public interest and contrary to the general welfare of the people
of the City of Fond du Lac and the state.
(b)
Whether the building or structure, although not itself a designated
historic structure, contributes to the distinctive architectural or
historic character of the historic district as a whole and therefore
should be preserved for the benefit of the people of the City of Fond
du Lac and the state.
(c)
Whether demolition of the subject property would be contrary to the purpose and intent of this chapter as set forth in § 374-1 and to the objectives of the historic preservation plan for the applicable district as duly adopted by the City Council of the City of Fond du Lac.
(d)
Whether the building or structure is of such old and unusual
or uncommon design, texture and/or material that it could not be reproduced
or be reproduced only with great difficulty and/or expense.
(e)
Whether retention of the building or structure would promote
the general welfare of the people of the City of Fond du Lac and the
state by encouraging study of American history, architecture and design
or by developing an understanding of American culture and heritage.
(f)
Whether the building or structure is in such a deteriorated
condition that it is not structurally or economically feasible to
preserve or restore it, provided that any hardship or difficulty claimed
by the owner which is self-created or which is the result of any failure
to maintain the property in good repair cannot qualify as a basis
for the issuance of a certificate of appropriateness.
(g)
Whether any new structure proposed to be constructed or change
in use proposed to be made is compatible with the buildings and environment
of the district in which the subject property is located.
(4)
Appeal. An appeal from the decision of the Commission to grant or
deny a certificate of appropriateness, whether this determination
is made upon receipt of the application for a demolition permit or
at the end of the three-month period in a case where action on the
application has been suspended, or to suspend action on a demolition
application may be taken to the Board of Appeals of the City of Fond
du Lac by the applicant for the demolition permit. Such appeal shall
be initiated by filing a petition to appeal, specifying the grounds
thereof, with the City Clerk within 10 days of the date the final
decision of the Commission is made. The City Clerk shall file the
petition to appeal with the Board of Appeals. After a public hearing,
the Board of Appeals may by favorable vote of 3/4 of its members reverse
or modify the decision of the Commission if, after balancing the interest
of the public in preserving the subject property and the interest
of the owner in using it for his or her own purposes, the Board of
Appeals finds that, owing to special conditions pertaining to the
specific piece of property, demolition will preclude any and all reasonable
use of the property and/or will cause serious hardship for the owner,
provided that any self-created hardship shall not be a basis for reversal
or modification of the Commission's decision.
D.
Recognition of historic structures and historic sites. At such time as a historic structure or site has been properly designated in accordance with §§ 374-4 and 374-6 hereof, the Commission may cause to be prepared and erected on such property, at public expense, a suitable plaque declaring that such property is an historic structure or site. Such plaque shall be so placed as to be easily visible to passing pedestrians. In the case of an historic structure, the plaque shall state the accepted name of the structure, the date of its construction, and other information deemed proper by the Commission. In the case of an historic site which is not the site of an historic structure, such plaque shall state the common name of the site, and such other information deemed appropriate by the Commission.
E.
Sale of historic structures and historic sites. Any party who is
listed as the owner of record of an historic structure on site at
the time of its designation, who can demonstrate to the Commission
that by virtue of such designation he or she is unable to find a buyer
willing to preserve such an historic structure or site, even though
he or she has made reasonable attempts in good faith to find and attract
such a buyer, may petition the Commission for a rescission of its
designation.
(1)
Following the filing of such petition with the Secretary of the Commission,
the owner and the Commission shall work together in good faith to
locate a buyer for the subject property who is willing to abide by
its designation.
(2)
If, at the end of a period not exceeding three months from the date
of such petition, and upon demonstration of reasonable and diligent
marketing efforts, no such buyer can be found, and if the owner still
desires to obtain such rescission, the Commission shall rescind its
designation of the subject property.
(3)
In the event of such rescission, the Commission shall notify the
City Clerk, the Building Inspector, and the City Assessor of the same
and shall cause the same to be recorded, at its own expense, in the
office of the Fond du Lac County Register of Deeds.
F.
Other duties. In addition to those duties already specified in this
section, the Commission shall:
(1)
Actively work for the passage of enabling legislation which would
permit the granting of full or partial tax exemptions to properties
it has designated under the provisions of this chapter in order to
encourage owners of historic properties to assist in carrying out
the intent of this chapter.
(2)
Cooperate with the Historic Preservation Officer for the State of
Wisconsin and the State Historic Preservation Review Board in attempting
to include such properties hereunder designated as historic structures,
sites, or districts in the National Register of Historic Places.
(3)
Work for the continuing education of the citizens about the historic
heritage of the City of Fond du Lac and the historic structures and
sites designated under the provisions of this chapter.
(4)
As it deems advisable, receive and solicit funds for the purpose
of historic preservation in the City of Fond du Lac.
A.
Designation of historic structures, historic sites and historic districts.
(1)
The Commission may, after notice published as a Class 1 notice and public hearing, as well as due notice to the parties in interest and adjacent property owners, establish historic structures and sites and may recommend historic districts, or rescind such designation or recommendation, after application of the criteria in § 374-4 above. The Commission shall also notify the following: Department of Public Works, Redevelopment Authority, Park Division, Fire and Police Departments, Inspection Division, Board of Appeals, and Plan Commission. Each such department shall respond to the Commission within 30 days of notification with its comments on the proposed designation or rescission. The Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses. The Commission may conduct an independent investigation into the proposed designation or rescission. Within 10 days after the close of the public hearing, the Commission may designate the property as either an historic structure or an historic site or recommend its inclusion in an historic district, or may rescind the designation.
(2)
Where the owner(s) of the property objects to the designation or
rescission of a historic site, historic structure, or historic district,
the property owner(s) may file a written appeal of the designation
or rescission to the City Council within 10 days after the close of
the public hearing. The City Council may affirm, deny or modify the
designation or rescission. The action of the City Council shall not
become effective except by the favorable vote of 3/4 of the entire
membership of the City Council.
(3)
After the designation, recommendation or rescission has been made, notification shall be sent to the property owner or owners and to the persons who appeared at the public hearing. Notification shall also be given to the City Clerk, Building Inspector and the City Assessor. The Commission shall cause the designation or rescission to be recorded, at City expense, in the County Register of Deeds office, or the recommendation to be submitted to the City Council of the City of Fond du Lac as provided by Subsection C.
B.
The City Plan Commission. The Plan Commission shall review the historic
district plan and make a recommendation to the City Council. The Plan
Commission shall make its recommendation on the historic district
plan within 30 days.
C.
The City Council. The City Council, upon receipt of the recommendations from the Historic Preservation Commission and Plan Commission, shall hold a public hearing, notice to be given as noted in Subsection A above, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan in ordinance form prepared for that district and direct the implementation of said plan.
Every person in charge of any historic structure, historic site
or improvement in an historic district shall maintain the same or
cause or permit it to be maintained in a condition consistent with
the provisions of this chapter. The City Council may appoint the Building
Inspector or other City employee to enforce this chapter.
A.
Every person in charge of an improvement on an historic site or in
an historic district shall keep in good repair all of the exterior
portions of such improvement and all interior portions thereof which,
if not so maintained, may cause or tend to cause the exterior portions
of such improvement to fall into a state of disrepair. This provision
shall be in addition to all other provisions of law requiring such
improvement to be kept in good repair.
B.
Insofar as they are applicable to an historic structure, historic
site or improvement in an historic district, designated under this
chapter, any provision of the plumbing code, the minimum housing and
property maintenance code, building code, heating, ventilating and
air conditioning code, and outdoor signs and outdoor advertising structures
regulations of the general ordinances may be varied or waived, on
application, by the appropriate board having such jurisdiction over
such code or, in the absence of such board, by the Building Inspector,
provided that such variance or waiver does not endanger public health
or safety.
Nothing contained in this chapter shall prohibit the making
of necessary construction, reconstruction, alteration or demolition
of any historic structure or any improvement on an historic site or
in an historic district pursuant to order of any appropriate City
or state governmental official or pursuant to any court order having
jurisdiction, for the purpose of remedying emergency conditions determined
to be dangerous to life, health or property. In such cases, no approval
from the Commission shall be required.
Except as otherwise provided, any person, firm, corporation or organization found to be in violation of any provisions of this chapter or any rule or order promulgated herein shall be subject to a penalty as provided in § 1-4 of this Code.
