[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 13, Ch. 4, of the 1997 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 or historic interest or value are
a public necessity and are 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 perpetuation
of such improvements, sites and districts which represent or reflect
elements of the City's cultural, social, economic, political
and architectural history.
B.
Safeguard the City's historic and cultural heritage, as embodied
and reflected in such historic structures, sites and districts.
C.
Foster civic pride in the notable accomplishments of the past.
D.
Stabilize and improve property values.
E.
Protect and enhance the City's attractions to residents, tourists
and visitors, and serve as a support and stimulus to business and
industry.
F.
Improve and enhance the visual and aesthetic character of the City.
G.
Educate the public regarding the need and desirability of a City
historic preservation program and its enhancement of the quality of
life.
The definitions for this chapter shall be as follows:
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of an historic
structure, historic site or any improvement in an historic district.
The Historic Preservation Commission created under this chapter.
An area designated by the Common Council, on recommendation
of the Commission, that contains two or more historic improvements
or sites, as well as those abutting improvement parcels which the
Commission recommends should fall under the provisions of this chapter
to assure that their appearance and development is harmonious with
such historic structures or historic sites.
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 by the
Common Council on the recommendation of the Historic Preservation
Commission as an historic site under this chapter, or an improvement
parcel, or part thereof, on which is situated an 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, state or nation and which has
been designated by the Common Council on the recommendation of the
Historic Preservation Commission as an 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.
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.
An Historic Preservation Commission is hereby created, consisting
of seven members. Of the membership, if available in the community,
one shall be a registered architect; one shall be an historian; one
shall be a licensed real estate broker; one shall be an Alderperson;
and three shall be citizen members. Each member shall have, to the
highest extent practicable, a known interest in historic preservation.
The Mayor shall appoint the Commissioners subject to the confirmation
by Common Council. 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.
A.
For purposes of this chapter, an 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, archeological
or cultural significance to the City, 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; or
(2)
Are identified with historic personages or with important events
in national, state or local history; or
(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 who influenced his age; or
(5)
Have yielded, or may be likely to yield, information important to
prehistory or history.
B.
The Commission, upon specific approval of the Common Council, may
adopt specific operating guidelines for historic structure, historic
site and historic district designation, providing such are in conformance
with the provisions of this chapter.
A.
Designation. The Commission shall have the power subject to § 276-6 to recommend designation of historic districts, historic structures and historic sites within the City limits. Such recommended designations shall be made based on § 276-4. Historic districts, historic structures and historic sites may then be designated as such by the Common 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 designated historic structure,
historic site or structure within an historic district shall reconstruct,
alter or demolish all or any part of the exterior of such designated
property or construct any improvement upon such designated property
or properties or cause or permit any such work to be performed upon
such designated property or demolish such property unless a certificate
of appropriateness has been granted by the Historic Preservation Commission.
The Historic Preservation Commission will not initiate requests for
reconstruction, alteration or demolition of designated historic structures,
historic sites or for structures within a designated historic district.
The Historic Preservation Commission will only react to a request
by an owner or person in charge for a building permit to accomplish
proposed reconstruction, alteration or demolition of such designated
properties. 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 architectural 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 an
historic 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;
(c)
In the case of any property located in an 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 and state;
(e)
The building or structure is of such old and unusual or uncommon
design, texture, and/or material that it could not be reproduced without
great difficulty and/or expense;
(f)
In the case of a request for a demolition permit, the denial
of the permit would result in the loss of all reasonable and beneficial
use of or return from the property; or
(g)
In the case of the request for the demolition of a deteriorated
building or structure, any 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)
In addition, in determining whether to issue a certificate of appropriateness,
the Commission shall consider and may give decisive weight to any
or all of the following standards:
(a)
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.
(b)
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.
(c)
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.
(d)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(e)
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved.
(f)
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.
(g)
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.
(h)
Significant archeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(i)
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.
(j)
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.
(4)
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 and with the above
guidelines, 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 45 days of the filing of the application.
(5)
Agencies of the City and all public utility and transportation companies
undertaking projects affecting historic structures, historic sites
or historic districts shall be required to obtain a certificate of
appropriateness prior to initiating any changes in the character of
street paving, sidewalks, utility installations, lighting, walls,
fences, structures, and buildings on property, easements, or streets
owned or franchised by the City.
(6)
The issuance of a certificate of appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the City. 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. 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, Electrical Code, or Building or Housing Code
of the City shall apply, unless waived by the appropriate state or
City officials. The Commission may support or propose such waivers
before the appropriate state or City appeals body.
(7)
Compliance with certificates of appropriateness shall be started
within 12 months after the issuance of the certificate, and the work
shall conform to the provisions of the certificate. The City may inspect
the work during and after construction in order to assure compliance.
Failure to comply with a certificate of appropriateness or failure
to obtain a certificate of appropriateness shall be a violation of
this chapter. In addition to other penalties and remedies, the City
shall issue a stop-work order, and all work shall cease on the designated
property. No additional work shall be undertaken as long as such stop-work
order shall continue in effect.
(8)
Ordinary maintenance and repairs may be undertaken without a certificate
of appropriateness, provided that the work involves repairs to existing
features of an historic 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 and does not require the issuance of a building permit.
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. Upon appeal, the Common Council will review de novo the decision
of the Commission and may issue a certificate of appropriateness if
deemed consistent with this chapter. 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 an historic structure, site or district has been properly
designated, the Commission may cause to be prepared and erected on
such property, at City expense, a suitable plaque declaring that such
property is an historic structure, site or district. Such plaque shall
be so placed as to be easily visible to passing pedestrians. The plaque
shall state the accepted name of the historic property, the date of
its construction or significance, and other information deemed proper
by the Commission.
E.
Other duties. In addition to those duties already specified in this
chapter, the Commission shall:
(1)
Work for the continuing education of the citizens about the historical
heritage of this City and the historic properties designated under
the provision of this chapter.
(2)
Cooperate with the State of Wisconsin Historic Preservation Office
and the State Historic Preservation Review Board in attempting to
include such properties hereunder designated as landmarks or landmark
sites or historic districts in the National Register of Historic Places
and the State Register of Historic Places.
(3)
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 account for such purpose.
A.
Designation of historic structures, historic sites and historic districts.
(1)
The Commission may, after notice and public hearing, recommend to the Common Council that historic structures, historic sites and historic districts be designated as such by the Common Council, or recommend rescinding such designation after application of the criteria in § 276-4 above. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed by 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 or within the boundaries of the historic district. These owners shall have the right to confer with the Commission prior to final action by the Commission on the recommended designation. Notice of such hearing shall also be published as a Class 1 notice under the Wisconsin Statutes. The Commission shall also notify the following: Department of Public Works, Redevelopment Authority, Parks Division, Fire District, Police Department, Health Department, Building Inspection Division and Plan Commission. Each such department may respond to the Commission with its comments on the proposed recommended designation or recommended rescission.
(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
recommended designation or rescission. Within 10 days after the close
of the public hearing, the Commission may recommend the property be
designated as either an historic structure, historic site, or historic
district, or recommend rescinding the designation.
(3)
The Common Council may, after receiving the recommendation of the
Commission, designate the property as either an historic structure,
historic site or an historic district or rescind such 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, Building Inspection Division, Plan
Commission, and the City Assessor. The Common Council shall cause
the designation or rescission to be recorded, at City expense, in
the applicable county register of deeds office.[1]
B.
Zoning of historic properties. The historic structure, historic site
or historic district designation shall constitute a change in zoning
(H or HD) for historic preservation purposes and shall be included
as such on the official land use map. The (H or HD) zoning shall be
in addition to the existing underlying land use zoning.
C.
Creation of historic district.
(1)
Selection. For preservation purposes, the Historic Preservation Commission
shall select geographically defined areas within the City to be designated
as historic districts and shall, with the assistance of the City Planning
Department, prepare an historic preservation plan in ordinance form
for each area. An historic district may be designated for any geographic
area of particular historic, architectural or cultural significance
to the City which:
(a)
Exemplifies or reflects the broad cultural, political, economic
or social history of the nation, state or community; or
(b)
Is identified with historic personages or with important events
in national, state or local history; or
(c)
Embodies the distinguishing characteristics of architectural
types or specimens inherently valuable for the study of a period or
periods, styles, methods or construction, or of indigenous materials
or craftsmanship; or
(d)
Is representative of the notable works of master builders, designers,
or architects who influenced their age; or
(e)
Has yielded, or may be likely to yield, information important
to history or prehistory.
(2)
Cultural and architectural analysis. 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.
(3)
Guideline criteria. Guideline criteria to be considered in the development
of historic district plans are as follows:
(a)
All new structures shall be constructed to a height visually
compatible with the building and environment with which they are visually
related.
(b)
The gross volume of any new structure shall be visually compatible
with the buildings and environment with which it is visually related.
(c)
In the street elevation of a building, the proportion between
the width and height in the facade should be visually compatible with
the building and environment with which it is visually related.
(d)
The proportions and relationships between doors and windows
in the street facade should be visually compatible with the buildings
and environment with which it is visually related.
(e)
The rhythm of solids to voids, created by openings in the facade,
should be visually compatible with the buildings and environment with
which it is visually related.
(f)
The existing rhythm created by existing building masses and
spaces between them should be preserved.
(g)
The materials used in the final facade should be visually compatible
with the buildings and environment with which it is visually related.
(h)
The texture inherent in the facade should be visually compatible
with the buildings and environment with which it is visually related.
(i)
Colors and patterns used on the facade (especially trim) should
be visually compatible with the buildings and environment with which
it is visually related.
(j)
The design of the roof should be visually compatible with the
buildings and environment with which it is visually related.
(k)
The landscape plan should be sensitive to the individual building,
its occupants and their needs. Further, the landscape treatment should
be visually compatible with the buildings and environment with which
it is visually related.
(l)
The street facade should blend with other buildings via directional
expression. When adjacent buildings have a dominant horizontal or
vertical expression, this expression should be carried over and reflected.
(m)
Architectural elements should be incorporated as necessary to
relate the new with the old and to preserve and enhance the inherent
characteristics of the area.
(4)
Review and adoption procedure.
(a)
Historic Preservation Commission. The Historic Preservation
Commission shall hold a public hearing when considering the plan for
an historic district. Notice of the time, place and purpose of such
hearing shall be given by publication as a Class 1 notice under the
Wisconsin Statutes in the official City paper. Notice of the time,
place and purpose of the public hearing shall also be sent by the
City Clerk-Treasurer to an Alderperson at large, or, in the case of
an historic district in Aldermanic District 1, 2 or 3, to the Alderperson
of such district, 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 are 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. This
recommendation shall be forwarded to the Plan Commission and the Common
Council.[2]
(b)
The City Plan Commission. The Plan Commission shall review the
historic district plan and make a recommendation to the Common Council.
The Plan Commission shall make its recommendation on the historic
district plan within 30 days.
(c)
The Common Council. The Common 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 C(4)(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.
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.
A.
Every person in charge of an historic structure, historic site or
improvement in an historic district shall maintain same or cause or
permit it to be maintained in a condition consistent with the provisions
of this chapter. The Common Council may appoint the Building Inspector
or any other individual or group of individuals to enforce this chapter.
The duties of the inspection officer shall include periodic inspection
at intervals provided by the Common Council of designated historic
structures, historic sites and historic districts. These inspections
may include physical entry upon the property and improvement, with
permission of the owner, to insure that interior alterations or maintenance
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 inspection officer
may obtain a warrant of entry pursuant to § 66.122, Wis.
Stats., and take any other reasonable measures to further enforcement
of this chapter.
B.
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, 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, e.g., 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)
All interior portions thereof which may cause the exterior to deteriorate
or become damaged or otherwise to fall into a state of disrepair.
(The purpose of this section is to prevent the demolition of a building
or structure by neglecting it and permitting damage to it by weather
or vandalism.)
C.
Insofar as they are applicable to an historic structure, historic
site or improvement in an historic district designated under this
section, 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 chapter or, in the absence of such board, by the Building Inspector,
provided such variance or waiver does not endanger public health or
safety.
Any person or persons violating any provision of this chapter or any rule or regulation adopted or issued in pursuance thereof or any provision of any chapter adopted herein by reference shall, upon conviction, be punishable as provided in § 1-4, General penalty, 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. If the violations remain uncorrected after the time specified in the notice, the City may, at is election, impose fines and/or have the violations corrected at City expense and have a lien placed against the property equal to the cost of the repairs, plus applicable fines and administrative costs.
In any case where the Building Inspector determines that there
are emergency conditions dangerous to life, health or property affecting
an historic structure, site or a property in an 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.
A.
Designation of the Historic District. The Historic District for the
City of Brodhead is created and consists of the following properties,
all in the original plat of the City of Brodhead:
(1)
Block 88, with the exception of Lots 2 and 4.
(2)
Block 87, with the exception of Lots 1 and 3.
(3)
The south 23 feet of the west 76 feet of Lot 6 and the west 76 feet
of Lot 8 in Block 86.
(4)
The area lying south of Lots 2, 3, 4 and 5 of Block 99, including
the depot site and Veterans Park south to 12th Street.
(5)
All of Block 100.
(6)
The south 1/3 of the west 1/2 and all of the east 1/2 of Block 101.
(7)
The west 66 feet of Lot 9 and the west 66 feet of the south 36 feet
of Lot 7, plus the east 12 feet of the south 36 feet of Lot 8, all
in Block 89.
B.
Adoption of historic preservation plan. The historic preservation
plan entitled "Brodhead Historic Preservation Commission Plan for
Proposed Commercial Historic District," previously prepared and approved
by the Brodhead Historic Preservation Commission and recommended for
adoption by the Brodhead Plan Commission, as published in book (pamphlet)
form, is hereby adopted by reference and on file with the Clerk-Treasurer
and made a part of this chapter as if fully set forth herein, with
the exception of the description of the Historic Preservation District
contained therein.
C.
Historic preservation classification. The overlay zoning classification
of the new Historic District created herein shall be Historic Preservation
(H), which shall be in addition to the existing underlying zoning
classification.
D.
Historic preservation plan permanently on file. The historic preservation
plan is permanently on file in the office of the City Clerk-Treasurer
and has been on file not less than two weeks prior to the adoption
of this chapter and is open to public inspection.
