[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No.
2005-06 as § 15.01 of the 2005 Code. Amendments
noted where applicable.]
It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of improvements or sites of special
character or special architectural, archaeological or historic interest
or value is a public necessity and is required in the interest of
the health, prosperity, safety and welfare of the people. The purpose
of this chapter is to:
A.
Effect and accomplish the protection, enhancement, and preservation
of such improvements, sites and districts which represent or reflect
elements of the City of Lancaster's cultural, social, economic,
political and architectural history.
B.
Safeguard the City of Lancaster's historic, prehistoric and
cultural heritage, as embodied and reflected in such historic structures,
sites and districts.
C.
Stabilize and improve property values and enhance the visual and
aesthetic character of the City of Lancaster.
D.
Protect and enhance the City of Lancaster's attractions to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
The definitions shall be as follows:
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
structure, historic site or any improvement in a historic district.
The Historic Preservation Commission created under this chapter.
An area designated by the Council on recommendation of the
Commission that contains two or more historic improvements or sites.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, 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 Lancaster, 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, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
A.
A Historic Preservation Commission is hereby created, consisting
of seven members. Of the membership, one shall be an alderperson,
at least two shall be building owners in the City's historic
district(s), and the remaining members shall be persons who shall
reside, own property, or otherwise have a clear interest or stake
in the City. Effort will be made to include members who reside or
own property in the City's historic district(s). Effort will
be made to have members of various skill sets and talents so as to
create the most effective Commission. Each member shall have a known
interest in historical preservation.
[Amended 3-16-2009 by Ord. No. 2009-01; 7-18-2011 by Ord. No.
2011-03]
B.
The Mayor shall appoint the Commissioners subject to confirmation
by the Council. The term of the alderperson shall be for one year.
After initial revision of this chapter, current members, other than
the alderperson, shall be divided into two groups, one group subject
to reappointment after one year and one group subject to reappointment
after two years. The method of grouping will be determined by some
random format agreed to by the Commission. From then on, two-year
terms shall be established for all members, except the alderperson.
C.
The Commission shall elect a Secretary who shall keep a written record
of its proceedings and all actions taken, a copy of which shall be
filed with the City Clerk/Treasurer.
D.
Four members constitute a quorum.
A.
For purposes 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, archaeological
or cultural significance to the City of Lancaster, such as historic
structures, 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
or specimen inherently valuable for a study of a period, style, method
of construction, or of indigenous materials or craftsmanship;
(4)
Are representative of the notable work of a master builder, designer
or architect who influenced his age; or
(5)
Have yielded, or may be likely to yield, information important to
prehistory or history.
B.
The Commission shall adopt specific operating guidelines for historic
structure, historic site and historic district designation, provided
that such are in conformance with the provisions of this chapter.
A.
Designation. The Commission shall have the power, subject to § 257-6, to designate historic structures and historic sites and to recommend designation of historic districts within the City's limits. Such designations shall be made based on § 257-4. Historic districts shall be approved by the Council. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
B.
Regulation of construction, reconstruction, alteration and demolition.
(1)
No owner or person in charge of a historic structure, historic site
or structure within a historic district shall reconstruct, alter or
demolish all or any part of the exterior of such property or construct
any improvement upon such designated property or properties or cause
or permit any such work to be performed upon such property or demolish
such property unless a certificate of appropriateness has been granted
by the Historic Preservation Commission. Also, unless such certificate
has been granted by the Commission, the Building Inspector shall not
issue a permit for any such work.
(2)
Upon filing of any application for a certificate of appropriateness
with the Commission, the Commission shall approve the application
unless:
(a)
In the case of a designated historic structure or historic 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.
(b)
In the case of the construction of a new improvement upon a
historic site, or within a 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.
(c)
In the case of any property located in a historic district,
the proposed construction, reconstruction, exterior alteration or
demolition does not conform to the purpose and intent of this chapter
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
City of Lancaster 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.
(3)
If the Commission 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 Commission shall make this
decision within 45 days of the filing of the application.
(4)
The issuance of a certificate of appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the City of Lancaster. 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.
(5)
A certificate of appropriateness is required for ordinary maintenance
and repairs that either require the issuance of a building permit
or change the exterior appearance of the building. For the purposes
of this chapter, changes to the exterior appearance include, but are
not limited to, changes to paint color, siding, stucco, external finishing
systems, and windows and doors not identical in appearance to those
being repaired or replaced.
[Amended 7-18-2011 by Ord. No. 2011-03]
C.
Appeals. Should the Commission fail to issue a certificate of appropriateness
due to the failure of the proposal to conform to the guidelines, the
applicant may appeal such decision to the Common Council within 30
days. In addition, if the Commission fails to issue a certificate
of appropriateness, the Commission 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.
D.
Recognition of historic structures, sites and districts. At such
time as a historic structure, site or district has been properly designated,
the Commission, in cooperation with the property owner, may cause
to be prepared and erected on such property, at City of Lancaster
expense, a suitable plaque declaring that such property is a historic
structure, site or district.
A.
Designation of historic structures and historic sites.
(1)
The Commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in § 257-4 above. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.
(2)
The Commission 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.
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 a historic
structure or a historic site or rescind the designation. After the
designation or rescission has been made, notification shall be sent
to the property owner or owners. Notification shall also be given
to the City Clerk/Treasurer, Plan Commission Chairman, and the City
Assessor. The Commission shall cause the designation or rescission
to be recorded, at City's expense, in the County Register of
Deeds office.
(3)
All meetings of the Historic Preservation Commission or any subcommittees
shall be duly noticed to the public in advance as to the date, time
and place of such meetings and shall be subject to the requirements
of the Wisconsin Open Meetings Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
B.
Creation of historic district.
(1)
For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as Historic Districts and shall prepare a historic preservation plan for each area. A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the City, after application of the criteria in § 257-4 above. Each historic preservation plan prepared for or by the Historic Preservation Commission 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.
(2)
Review and adoption procedure.
(a)
Historic Preservation Commission. The Historic Preservation
Commission shall hold a public hearing when considering the plan for
a Historic District. Notice of the time, place and purpose of the
public hearing shall be sent by the City Clerk/Treasurer to the Alderman
of the Aldermanic District or Districts in which the Historic District
is located and the owners of record, as listed in the office of the
City Assessor, 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 Commission
shall vote to recommend, reject or withhold action on the plan.
(b)
The Common Council. The Common Council, upon receipt of the recommendations from the Historic Preservation 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 constitute adoption of the plan prepared for that district and direct the implementation of said plan.
(c)
Enforcement of rules and regulations. Enforcement of rules and
regulations established by the Commission shall only affect locally
designated historic sites, buildings and districts. Said Commission
shall have no authority over the enforcement of state and federal
historic sites, buildings or districts unless included in the locally
established area. State and federal rules and regulations are only
to be enforced by state or federal agencies charged with enforcement
authority.
No building permit shall be issued by the Building Inspector
for alteration, construction, demolition, or removal of a nominated
historic structure, historic site, or any property or structure within
a nominated historic district from the date of the meeting of the
Historic Preservation Commission at which a nomination form is first
presented until the final disposition of the nomination by the Historic
Preservation Commission or the Common Council, unless such alteration,
removal or demolition is authorized by formal resolution of the Common
Council 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 the penalty provisions as provided under Chapter 1, Article I, of this Code. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.
