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:
CERTIFICATE OF APPROPRIATENESS
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.
COMMISSION
The Historic Preservation Commission created under this chapter.
HISTORIC DISTRICT
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.
HISTORIC SITE
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.
HISTORIC STRUCTURE
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.
IMPROVEMENT
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.
IMPROVEMENT PARCEL
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.
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 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.