It is the intent of this article to officially
designate and regulate landmark sites, landmark structures and historic
districts for the following purposes:
A.
To protect, maintain, enhance and perpetuate the distinctive
character of the landmark site, landmark structure or historic district.
B.
To safeguard the architectural integrity and distinctive
qualities of the features of landmark structures and historic districts.
C.
To encourage uses that will lead to the continuance,
conservation and improvement of the historic and cultural heritage
of the City.
D.
To ensure that nearby new structures and areas will
be in keeping with the character to be preserved and enhanced.
E.
To stabilize and improve property values.
F.
To protect and enhance the City's attraction to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
G.
To foster civic pride in the beauty and noble accomplishments
of the past.
Unless the context requires otherwise, the following definitions shall be used in the interpretation of this article. In the event a definition stated herein conflicts with a definition in § 340-117, the definition herein shall control for purposes of this article.
The certificate required to be issued prior to the issuance
of a building permit granted for the alteration, rehabilitation, construction,
reconstruction or demolition of a landmark structure or landmark site
or any improvement in an historic district.
The Plan Commission of the City of Lodi.
[Amended 3-5-2019 by Ord. No. A-531]
The Common Council of the City of Lodi, Wisconsin.
An area designated by the Council on recommendation of the
Commission that contains two or more landmark structures or landmark
sites, as well as those abutting and nearby improvement parcels which
the Commission determines should fall under the provisions of this
article to assure that their appearance and development are harmonious
with such landmark structures or landmark sites.
Any building, structure, place, work of art or other object
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 unit of property which includes 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.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which an
historic event has occurred, and which has been designated as a landmark
site under this article, or a land improvement parcel, or part thereof,
used as and constituting part of the premises on which a landmark
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 Lodi, Wisconsin, the State
of Wisconsin, or the United States and which has been designated a
landmark structure pursuant to the provisions of this article.
A.
Designation criteria. For purposes of this chapter,
a landmark site, landmark structure 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, archaeological or cultural significance to
the City, such as landmark structures, landmark sites or 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 of specimen inherently valuable for a study of a period, style,
or method of construction or of indigenous materials or craftsmanship;
(4)
Are representative of the notable work of a master
builder, designer, landscape architect, engineer or architect; or
(5)
Have yielded, or may be likely to yield, information
important to prehistory or history.
B.
Adoption of specific guidelines for designation. The
Commission may adopt specific operating guidelines for landmark site,
landmark structure and historic district designation, provided that
such guidelines are in conformance with the provisions of this chapter.
A.
Nomination of a property or structure to be designated
as a landmark site or a landmark structure or for an area to be designated
as an historic district may be made either by the owner of the property
or structure or of a property within the proposed historic district
or by the Commission. No property shall be designated as a landmark
site or landmark structure without consent of the owner thereof. The
Commission or Council may request assistance from the State Historical
Society of Wisconsin or other advisory agency in designating landmark
sites, landmark structures or historic districts. The Commission shall
develop and prescribe forms for use in making such nominations by
property owners or by the Commission, said forms referred to in this
article as "nomination form(s)."
B.
After consideration of the criteria set forth in § 340-100, the Commission may recommend to designate such landmark structures, landmark sites and historic districts. Any recommendation to the Council by the Commission for the designation of historic districts shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives. The Commission may also make recommendations to rescind the designation of a landmark structure, landmark site, or historic district where it believes such designation is no longer appropriate. The Council may, upon receiving a recommendation from the Commission and after holding a public hearing, preceded by publication of a Class 2 legal notice, designate landmark structures, landmark sites and historic districts or rescind such designations. At least 10 days prior to such hearing, the Council shall notify the owners of record, as listed in the office of the City Assessor, of the property affected and of property in whole or in part situated within 200 feet of the boundaries of the property affected.
C.
The Council shall decide whether or not to approve
the designation of the landmark structure, landmark site or historic
district or whether or not to rescind such a designation within 30
days after the close of the public hearing. Notification of the Council's
decision shall be sent to the nominating or requesting property owner
or owners, if any. Notification shall also be given to the City Clerk,
Building Inspector, City Plan Commission and the City Assessor. The
designation or the rescinding of said designation is to be recorded
at City expense in the Columbia County Register of Deeds office.
[Amended 3-5-2019 by Ord. No. A-531]
No building permit shall be issued by the Building
Inspector for alteration, construction, demolition, or removal of
a nominated landmark structure, landmark site, or any property or
structure within a nominated historic district from the date of the
meeting of the Commission at which a nomination form is first presented
until the final disposition of the nomination by the Commission or
the Council unless such alteration, construction, demolition or removal
is authorized by formal resolution of the Council as necessary for
public health, welfare or safety. In no event shall the delay due
to this section be for more than 180 days after the meeting of the
Commission at which the nomination form is first presented.
A.
Certificate of appropriateness required. No exterior
portion of any building or other structure, including any aboveground
utility structure, which has been designated as a landmark structure,
or which is part of a site which has been designated as a landmark
site, or which is located within an historic district, shall be erected,
altered, moved, demolished or developed until after a certificate
of appropriateness, as to heritage features, has been granted. Such
certificate shall be issued by the Building Inspector when issuance
thereof has been approved by the Commission prior to the issuance
of a building permit required for constructing or altering structures.
If the Commission determines not to issue a certificate of appropriateness,
the Commission shall give written notice of disapproval of the application,
stating the reasons for the disapproval, to the applicant. Said notice
shall be considered given to the applicant when it has been mailed
by certified or registered mail to the applicant's address as shown
on the application, whether or not received or accepted by the applicant,
or when it has been personally delivered to the applicant.
B.
Application required. Application for a certificate
of appropriateness shall be made by the property owner on a form prescribed
by the Commission.
C.
Plans required. Every application for a certificate
of appropriateness shall be accompanied by plans for the proposed
work to be done. The plans shall be sufficiently detailed to enable
the Commission to make the determinations required of it hereunder.
If the Commission finds that the plans submitted are not sufficiently
detailed, it may require the applicant to submit more detailed plans
before making its decision. When the request is for demolition, a
set of photographs of each elevation and a copy of the floor plans
for the building shall be submitted.
D.
Time for consideration. The Commission shall make
its decision as to whether to approve the application for a certificate
of appropriateness within 45 days of the filling of the application.
The application will not be considered to have been filed until all
items required to be submitted hereunder (including sufficiently detailed
plans) and under any rules adopted by the Commission have been submitted
by the applicant.
E.
Other permits. The issuance of a certificate of appropriateness
shall not relieve the applicant from obtaining other permits and approvals
required by the City of Lodi. 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.
F.
Ordinary maintenance. Ordinary maintenance and repairs
may be undertaken without a certificate of appropriateness provided
that the work involves repairs to existing features of a landmark
structure or site or the replacement of elements of a structure with
pieces identical in appearance, and provided that the work does not
change the exterior appearance of the structure or site.
G.
Criteria for approval. Upon filing of any application
for a certificate of appropriateness with the Commission, the Commission
may approve the application unless:
(1)
In the case of a designated landmark structure or
landmark site, the proposed work would detrimentally change, destroy
or adversely affect any exterior feature of the improvement or site
upon which said work is to be done.
(2)
In the case of the construction of a new improvement
upon a landmark site, or within an historic district, the exterior
of such improvement would adversely affect or not harmonize with the
external appearance of other neighboring improvements on such site
or within the district.
(3)
In the case of any improvement located in an historic
district, the proposed construction, reconstruction, exterior alteration
or demolition does not conform to the purpose and intent of this article
and to the objectives and design criteria of the historic preservation
plan for said district if one is in existence.
(4)
In the case of a request for demolition, the 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 City of Lodi or the State of Wisconsin.
(5)
In the case of a request for the demolition of a deteriorated
landmark 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.
H.
Other permissible considerations. In addition, in
determining whether to issue a certificate of appropriateness, the
Commission shall consider such of the following guidelines as are
appropriate to the situation before it:
(1)
A property shall be used for its historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
(2)
The historic character of a property shall be retained
and preserved. The removal of historic materials or alteration of
features and spaces that characterize a property shall be avoided.
(3)
Each property shall be recognized as a physical record
of its time, place and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
(4)
Most properties change over time; those changes that
have acquired historic significance in their own right shall be retained
and preserved.
(5)
Distinctive features, finishes and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved.
(6)
Deteriorated historic features shall be repaired rather
than replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical or pictorial evidence.
(7)
Chemical or physical treatments, such as sandblasting,
that cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(8)
Significant archaeological resources affected by a
project shall be protected and preserved. If such resources must be
disturbed, mitigation measures shall be undertaken.
(9)
New additions, exterior alterations, or related new
construction shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale and architectural
features to protect the historic integrity of the property and its
environment.
(10)
New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.
I.
Special rules for demolition. At such time as an applicant
applies for a permit to demolish a landmark structure or any structure
located on a landmark site or within an historic district, the Commission
may refuse to grant written approval for a period of up to 10 months
from the time of such application, during which time the Commission
and the applicant shall undertake serious and continuing discussion
for the purpose of finding a method to save such property. At the
end of this ten-month 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 shall notify the Chair of the Commission
in writing of his intent to issue a permit to demolish the property.
If a method of saving the subject property is not successful and if
funds to preserve the property are not obtained and available for
disbursement within two months following the end of such ten-month
period, the Building Inspector may issue the permit to demolish the
subject property without approval of the Commission.
J.
Appeals. An applicant may appeal the disapproval of
the application to the Council by submission of a written notice indicating
the intent to appeal and reasons why the applicant believes the application
should have been approved. The notice must be filed with the City
Clerk within 30 days after giving of notice of disapproval by the
Commission in order to constitute a valid appeal. After consideration
of the appeal, the Council may either affirm the decision of the Commission
or approve the issuance of the certificate of appropriateness, in
which case the Building Inspector shall issue the certificate.
At such time as a landmark structure, landmark
site or historic district has been properly designated, the Commission
may cause to be prepared and erected on such property a suitable plaque
declaring that such property is a landmark structure, landmark site
or historic district. Such plaque shall be so placed as to be easily
visible to passing pedestrians. The plaque shall state the accepted
name of the property, the date of its construction or significance,
and other information deemed proper by the Commission.
In addition to those duties already specified
in this article, the Commission shall:
A.
Education. Work for the continuing education of the
citizens about the historical heritage of this City and the historic
districts, landmark sites and landmark structures designated under
the provisions of this article.
B.
Cooperation with state authorities. Cooperate with
the State of Wisconsin Historic Preservation Officer and the State
Historic Preservation Review Board in attempting to include such properties
hereunder designated as landmark structures, landmark sites, or historic
districts in the National Register of Historic Places and the State
Register of Historic Places.
C.
Funds for historic preservation. As it deems advisable,
receive and solicit funds for the purpose of historic preservation
in the City. Such funds shall be placed in a special City fund for
such purpose.
A.
The owner of a landmark structure, landmark 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 Building Inspector may periodically inspect designated
landmark structures, landmark sites and properties within historic
districts to ensure compliance with this chapter. These inspections
may include physical entry in and upon the property and improvements
thereon to ensure that interior alterations or maintenance (or lack
thereof) will not jeopardize the exterior appearance or structural
stability of the improvement. If an owner refuses permission for the
enforcement officer to enter for purposes of inspection, the Building
Inspector may obtain a warrant of entry pursuant to § 66.0119,
Wis. Stats., and take any other reasonable measures to further enforcement
of this chapter.
B.
The owner of a landmark structure or of an improvement
on a landmark 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, including but not limited to:
(1)
The deterioration of exterior walls or other vertical
supports;
(2)
The deterioration of roofs or other horizontal members;
(3)
The deterioration of external chimneys;
(4)
The deterioration or crumbling of exterior plasters
or mortar;
(5)
The ineffective waterproofing of exterior walls, roofs
and foundations, including broken windows or doors;
(6)
The peeling of paint, rotting, holes and other forms
of decay;
(7)
The deterioration of surrounding environment, such
as fences, gates, sidewalks, steps, signs, accessory structures and
landscaping;
(8)
The deterioration of any features so as to create
or permit the creation of any hazardous or unsafe condition or conditions;
(9)
Any deterioration of interior portions thereof which
may cause the exterior to deteriorate or become damaged or otherwise
to fall into a state of disrepair.
C.
The purpose of this section is to prevent the demolition
of a landmark structure or landmark site by neglecting it and by permitting
damage to it by weather or vandalism.
D.
Insofar as they are applicable to a landmark structure, landmark site, or improvement in an historic district designated under this article, any provision of Chapter 127, Building Construction, and Chapter 278, Signs, of the City Code (and the State Building Code adopted under Chapter 127) may be varied or waived, on application, by the Council where such variance or waiver does not endanger public health or safety and is found to be necessary for the preservation or restoration of the property in a manner consistent with the purposes of this article.
In addition to the penalties and procedures provided for under § 340-116 of this chapter, the following specific procedures and remedies shall apply to this article:
A.
Normal procedures. Subject to Subsection B of this section, notices of violations may be issued by the Building Inspector after consultation and approval by the Commission. The notice shall in each case specify a time, determined by the Commission, for correction of the violation. If the violation remains uncorrected after the time specified in the notice, in addition to any other remedies and penalties provided for under § 340-116 or under law, the City may institute appropriate legal action to require the correction of the violation by the property owner, to allow the City to cause the violation to be corrected if it is not corrected by the property owner, and if the violation is corrected at the City's expense to charge the property owner for the cost thereof and, to the extent allowed by law, to have a lien placed against the property for the cost thereof.
[Amended 10-10-2006 by Ord. No. A-361]
B.
Emergency conditions. In any case where the Building
Inspector determines that there are emergency conditions dangerous
to life, health or property affecting a landmark structure, landmark
site or historic district, the Building Inspector may order the remedying
of these conditions without the approval of the Commission. The Building
Inspector shall promptly notify the Commission of the action being
taken. When the emergency conditions do not require demolition, the
Building Inspector shall make every effort to carry out the intent
of this chapter and to use the design guidelines of the Commission
when remedying the emergency conditions.
