[HISTORY: Adopted by the Common Council of the City of Watertown
as Ch. 29 of the former City Code; amended in its entirety 7-21-1992 by Ord. No.
92-42. Subsequent amendments noted where applicable.]
It shall be a matter of public policy that the protection, enhancement,
perpetuation and use of property of special historic character or
interest is a public necessity and is required in the interest of
the health, prosperity, safety and welfare of the people.
As used in this chapter, the following terms shall have the
meanings indicated:
Objects constructed or erected by man which enhance the Cityscape
by serving as amenities (e.g., fountains, cemetery monuments, statues
and works of art, etc.).
Any substantive change in the external architectural features
of any accessory object, building or structure located within a historic
district or on a historic site.
The general architectural arrangement of such portion of
the exterior of any accessory object, building or structure which
is designed to be viewed or is viewable by the public, including but
not limited to the kind, color and texture of the building material
and the type and design of all windows, doors, lights and other fixtures
appurtenant to such exterior.
Any structure having a roof supported by columns or walls
for the enclosure of persons, animals, equipment, machinery or materials.
A certificate issued by the Historic Preservation Commission
condoning a proposed alteration or demolition of any accessory object,
building or structure located within a historic district or on a historic
site.
The Municipal Code of the City of Watertown.
The Historic Preservation Commission.
Property within a historic district which is identified as
historically significant by official designation or request of the
owner.
The substantial or complete deterioration, removal or destruction
of any accessory object, building or structure located in a historic
district or on a historic site.
See "historic district."
A wooden, masonry, metal or plastic structure intended to
enclose an open space for purposes of security, confinement or aesthetic
ornamentation.
A geographic area designated by the Common Council under
the provisions of this chapter that contains accessory objects, buildings,
improvements or structures which have a special historical character
or significance representing one or more periods or eras in the history
of the City.
Any property, including an accessory object, building, improvement
or structure, designated by the Common Council under the provisions
of this chapter as having a special historical character or significance.
Any place, structure, building, fixture or object which,
in whole or in part, constitutes an exterior betterment, adornment
or enhancement of any real property.
Work intended to repair or replace any part of any improvement,
to correct any deterioration or decay of or any damage to such improvement
or any part thereof and to restore the same, as nearly as practicable,
to its condition prior to the occurrence of such deterioration, decay
or damage.
The construction of a new building, improvement or structure
on a vacant area of real estate, including real estate vacated as
a result of a demolition, and horizontal additions or attachments
to existing buildings, improvements or structures.
The process of improving property through repair or alteration
which makes possible an efficient contemporary use while preserving
those portions and features of the property which are historically
significant.
The process of bringing a property back to its original or
unimpaired state.
Any construction erected by man and not intended for shelter
(e.g., bridges, flagpoles, street clocks and street signs, etc.).
[Amended by Ord. No. 06-03]
A.
Creation. In order to effect the purpose and policy of this chapter,
a Historic Preservation Commission is hereby created.
B.
Composition of Commission. The Commission shall be composed of seven
members appointed by the Mayor and confirmed by a majority vote of
the Common Council. The Building Inspector and City Planner shall
function as additional nonvoting advisory members. Each citizen member
must either reside in the City or have an established business in
the City and have, to the extent practicable, a knowledge of and interest
in historic preservation and revitalization.
[Amended by Ord. No. 08-28]
C.
Commission appointments. Citizen members shall be appointed to a
three-year term commencing in April of the year of appointment, except
that citizen members comprising the initial Commission membership
shall be appointed to staggered terms. Appointments shall be made
to fill the unexpired term of any vacant position on the Commission.
[Amended 10-4-2016 by Ord. No. 16-18]
D.
Commission organization. The Commission, at its first meeting and
during each May thereafter, shall elect a Chairperson, Vice Chairperson
and Secretary, the latter shall record the meetings of the Commission.
The Building Inspector or City Planner may function in the role of
Secretary. The Commission shall meet at least once every two months
or as otherwise required in this chapter. All meetings shall be subject
to the State's Open Meeting Law,[1] and a copy of the minutes of each meeting shall be forwarded
to the City Clerk.
[Amended 7-5-2022 by Ord. No. 22-63]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
E.
Commission jurisdiction. Subject to other directives of the Common
Council, the jurisdiction of the Commission shall be limited to the
incorporated area of the City of Watertown.
F.
Responsibilities and authority. In addition to adopting rules and
regulations for its own operations, the Commission:
[Amended by Ord. No. 08-28]
(1)
When requested by the general public or by officially designated
agencies or agents of the City or by the Main Street Program, shall
review and make recommendations regarding proposals for construction,
renovation, maintenance, moving and demolition of buildings, structures,
improvements, fences and accessory objects, and shall review and make
recommendations regarding requests for facade and sign grants to the
Main Street Board of Directors.
(2)
Shall endeavor to effect and accomplish the protection, enhancement
and perpetuation of all property and materials which represent or
reflect elements of the City's cultural, archaeological, social, economic,
political and architectural history.
(3)
Shall endeavor to safeguard the City's heritage as embodied and reflected
in designated historic sites and historic districts.
(4)
Shall endeavor to foster civic pride in the history and noble accomplishments
of the past.
(5)
Shall endeavor to protect and enhance the City's attractiveness to
residents, tourists and visitors.
(6)
Shall serve as a support and stimulus to business and industry.
(7)
Shall relate municipal programs for preserving housing and revitalizing
commercial areas to the objectives of historic preservation and revitalization.
(8)
Shall provide a means of education to the public regarding the desirability
of historic preservation as an enhancement of the quality of life.
(9)
May act as a clearinghouse to aid and assist individuals and public
entities in the designation of their properties for local and/or national
historic register status.
(10)
Shall act as an advisor to the Plan Commission or when otherwise
requested by other City commissions, committees or agencies in the
preservation and enhancement of sites, buildings, improvements and
structures having historic significance.
(11)
Shall endeavor to maintain or cause to be maintained a comprehensive
survey of sites, structures, improvements, buildings and accessory
objects in the City identifying the City's historic resources.
(12)
Shall prepare or cause to be prepared a current list and recommendations
of potential historic sites and historic districts within the City
and, where appropriate, forward designation nominations to the Common
Council.
(13)
When requested by the general public or by officially designated
agencies or agents of the City, shall review and make recommendations
regarding proposals for construction, renovation, maintenance, moving
and demolition of buildings, structures, improvements, fences and
accessory objects.
(14)
Subject to the provisions of this chapter, is authorized to
consider and issue or deny certificates of appropriateness.
(15)
Shall administer, on behalf of the City, any historical materials,
property, easements or other interests in real property which the
City may have or may accept as gifts or grants or may otherwise acquire
and for which the Common Council may designate the Commission the
administrator thereof.
(16)
Subject to any appropriation by the Common Council or funds
from other sources, may employ clerical and technical assistants or
consultants and incur other expenses appropriate to carrying out the
work of the Commission. Such expenditures shall be subject to the
City's budgetary and accounting processes and approval of the Common
Council, where appropriate or required.
(17)
Subject to review by the Common Council, may receive and solicit
funds for the purpose of historic site and historic district preservation,
which funds shall be placed in a special City reserve account for
such purpose.
A.
Historic sites. The Commission may nominate any property within the
City of particular historic significance for designation as a historic
site by the Common Council.
B.
Historic districts. The Commission may nominate certain geographic
areas within the City which are distinct in their historic significance
for designation as a historic district by the Common Council.
A historic site or historic district nomination may be given
for any site, building, improvement, structure or geographic area
of particular historic significance for which two or more of the following
concerns can be substantiated:
A.
It has character or interest as part of the heritage of the City.
B.
It is a site of a significant historical event.
C.
It can be identified with a person or persons who significantly contributed
to the culture and heritage of the City.
D.
It embodies distinguishing characteristics of an architectural type
or specimen.
E.
It can be identified as the work of an architect or master builder
whose individual work has influenced the development of the City.
F.
It has a relationship to other distinctive buildings, structures,
improvements or areas which are eligible for preservation according
to a historic design or motif.
A.
Form of nomination. Each historic site or historic district nomination
shall be forwarded to the Common Council through the office of the
City Clerk in the form of an introductory resolution, which shall
include:
[Amended 7-5-2022 by Ord. No. 22-63]
(1)
An analysis of the historic significance;
(2)
A statement of the specific nomination criteria met;
(3)
A statement of preservation objectives; and
(4)
Preservation guidelines and requirements for alteration, restoration
and rehabilitation efforts unique to the nominated historic site or
historic district which are in addition to those set forth in this
chapter. Owner-imposed guidelines and requirements which are consistent
with the purpose and policy of this chapter may also be incorporated.
B.
Initial Council action. Within 30 days of receipt of the nomination
by the City Clerk, the Common Council shall, by motion, deny the nomination;
refer the nomination back to the Commission or to any other appropriate
City department, committee or commission for further deliberation;
or give preliminary approval of the nomination.
[Amended 7-5-2022 by Ord. No. 22-63]
C.
Public hearing. In the event of a preliminary approval of a nomination
by the Common Council, the City Clerk shall schedule a public hearing
on the nomination before the Common Council, published notice of which
shall be given at least two weeks in advance of the hearing. In addition,
the Commission shall provide the City Clerk with a list of names and
addresses of all owners of real property located, in whole or in part,
in the nominated historic site or historic district and, in the case
of a nominated historic district, all owners of real property located,
in whole or in part, within 200 feet of the nominated historic district.
A letter shall be mailed to each individual or party listed, informing
them of the nomination and date of the public hearing. A copy of the
nominating resolution, including all appendages and attachments, shall
be maintained in the office of the City Clerk for inspection by the
general public.
[Amended 7-5-2022 by Ord. No. 22-63]
D.
Designation. Subsequent to the public hearing and upon the further
recommendation of the Commission, the Common Council shall either
affirm or deny the nomination by passage or rejection of the nominating
resolution. Passage shall be by a two-thirds vote of the whole Council.
In the event of passage, the nominated site, building, improvement,
structure or geographic area shall be officially designated as a historic
site or historic district within the City, in accordance with and
subject to the terms and provisions of the nominating resolution and
this chapter, said designation to be effective as of the date of passage
of the nominating resolution.
E.
Repeal of designation. Any action to repeal or amend any prior historic site or historic district designation may be commenced only if the subject property has lost the historic or architectural features for which it was originally listed and shall be subject to the public hearing and notification requirements of Subsection C above and shall require a two-thirds vote of the whole Common Council.
[Amended by Ord. No. 08-04]
A.
Requirement. No owner, renter, occupant or person in charge of a
historic site or contributing property located within a historic district
shall demolish, reconstruct or alter, except for routine maintenance,
all or any part of the exterior of such property, or demolish, construct
or reconstruct any publicly visible exterior accessory object, building,
fence, improvement or structure upon such property, or permit any
such work to be performed upon such property, unless a certificate
of appropriateness ("certificate") has been granted by the Commission.
This requirement is in addition to any other certificate, permit,
license or other form of authorization that may be required elsewhere
in the Code.[1]
[1]
Editor's Note: Original § 29.07(2), Signs exempt,
which immediately followed this subsection, was repealed by Ord. No.
10-07.
B.
Building permit. Any application for a building permit under Chapter 253 of the Code, requesting permission to perform new construction, alterations, demolition, rehabilitation or restoration of an exterior nature on a historic site or contributing property within a historic district, shall be forwarded to the Commission by the Building Inspector, along with the Building Inspector's initial comments and recommendations regarding the application. Such building permit application shall also include an application for a certificate pursuant to the terms of this chapter. In no event shall a building permit be issued by the Building Inspector unless a required certificate has first been granted by the Commission.
C.
Application submission. An application for a certificate shall be
forwarded to the Commission through the office of the Building Inspector
on application forms developed jointly by the Commission and the Building
Inspector. The Commission or Building Inspector is authorized to request
additional information from the applicant which is reasonable and
necessary to the Commission's deliberation and review of the application.
D.
Guidelines for application review. In deliberating and reviewing
the merits of any certificate application, the Commission shall consider
the following:
(1)
In general. The economic impact on the applicant in conforming with
the following guidelines and the proposed economic best use of the
property should be given great weight in the Commission's deliberations
but shall not be singularly determinative when considering whether
a certificate should be granted or denied.
(2)
Alteration, rehabilitation, restoration and new construction.
(a)
The proposed work should not detrimentally change, destroy,
cover or otherwise adversely affect any significant historical feature
of the property upon which said work is to be performed.
(b)
In the case of the construction or placement of any new accessory
object, building, fence, improvement or structure, the exterior of
such construction or placement should be in historical harmony with
other neighboring accessory objects, buildings, fences, improvements
or structures.
(c)
The proposed construction, reconstruction or alteration should
conform with the objectives and guidelines articulated in the nominating
resolution of the affected historic site or historic district.
(d)
Every reasonable effort should be made to provide a compatible
use for a property which requires minimal alteration of the property
exterior or its environment.
(e)
The distinguishing original qualities or character of the property
and its environment should be preserved when possible.
(f)
The property should be recognized as a product of its own specific
time or era of construction. Alterations that have no historical basis
and which seek to create an earlier or later design and construction
period appearance should be discouraged.
(g)
Changes which may have taken place in the course of time and
are evidence of the history and development of the property and its
environment or changes which may have acquired design and construction
significance in their own right should be recognized and weighed as
a factor.
(h)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize the property should be treated with sensitivity.
(i)
Deteriorated architectural features should be repaired rather
than replaced wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, size and other visual qualities. Repair or
replacement of missing architectural features should be based on accurate
duplications of features, substantiated by historic, physical or pictorial
evidence, rather than on conjectural designs or the availability of
materials.
(j)
Surface cleaning of the property should be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
may damage historic building materials should not be undertaken without
the express authorization of the Commission.
(k)
Contemporary design for alterations to existing property should
not be discouraged when such alterations do not destroy significant
historical, architectural or cultural material and such design is
compatible with the size, scale, color, material and character of
the property, neighborhood or environment.
(l)
Wherever possible, alterations to existing property should be
accomplished in such a manner that if such alteration was to be removed
in the future, the essential form and integrity of the property would
be unimpaired.
(m)
Contemporary design used in any new construction in a historic
district should correspond in height, width, proportion, relationship
to street, roof forms, composition, proportion of openings, materials
and color to existing buildings and improvements in the historic district.
(3)
Demolition.
(a)
Whether the property is of such historic significance that its
demolition would be detrimental to the public interest and contrary
to the general welfare of the people of the City, state or nation.
(b)
Whether demolition of the property would be contrary to the
purpose and policy of this chapter and to the historic preservation
objectives and guidelines as specifically articulated in the nominating
resolution for the affected historic site or historic district.
(c)
Whether the property is of such old, unusual or uncommon design,
texture or material that it could not be reproduced or be reproduced
only with great difficulty or expense.
(d)
Whether retention of the property would promote the general
welfare of the people of the City and state by encouraging study of
American history, architecture and design, or by developing an understanding
of American culture and heritage.
(e)
Whether the property is in such a deteriorated condition that
it is not structurally or economically feasible to preserve or restore.
However, any hardship or difficulty claimed by the applicant which
is self-created or is the result of any failure to maintain the property
in good repair should not in and of itself qualify as a basis for
granting a certificate.
E.
Application process.
(1)
Upon submission of a certificate application, the Commission may
meet for the purpose of application introduction and applicant presentation.
The applicant shall be notified by mail of the time and date of the
meeting and should be prepared to appear, either in person or by representative,
along with all supporting documentation, plans, drawings, sketches
and the like, for presentation to the Commission. At such meeting,
the Commission may grant or deny the certificate; reasonably request
additional information from the applicant; and/or lay over the matter
to a subsequent meeting.
(2)
Notwithstanding Subsection E(1) above, within 30 days of the date of application submission the Commission shall either grant or deny the certificate. In the event that application deliberation and review require additional time, and subject to the concurrence of the applicant, this thirty-day period may be extended by a single thirty-day period.
(3)
In the event of an application involving demolition, the Commission
shall have the authority to order the suspension of the proposed demolition
for a period not to exceed 90 days, during which good faith negotiations
shall be conducted between the Commission and applicant regarding
possible location, rehabilitation and restoration alternatives to
the demolition. During said suspension period, the applicant shall
take whatever steps are necessary to prevent further deterioration
of the property.
(4)
If the Commission fails to grant or deny the certificate after the
longer of the thirty-day period (as extended) or suspension period
(if ordered), the certificate shall be deemed to have been granted.
(5)
A certificate granted by the Commission shall be issued to the applicant
by the Building Inspector within three working days of its granting.
(6)
Any certificate denial or suspension order by the Commission shall
be evidenced by a written notice to the applicant, setting forth in
detail the Commission's rationale for the denial or suspension and,
in the case of a denial, what alternatives exist or what steps, if
any, could be taken which could result in the granting of the certificate.
The effective date of any such denial or suspension order shall be
the earlier of the date of personal delivery or three days after the
date of deposit in the United States Mail of the written notice.
(7)
Any individual or person whose application has been denied or who is subject to a suspension order may seek administrative appeal under § 10-9 of this Code. For purposes of this appeal, proceedings before the Historic Preservation Commission shall not constitute a hearing substantially in compliance with § 10-10, nor must the appellant follow the administrative review procedure of §§ 10-7 and 10-8 prior to initiating administrative appeal.
(8)
The Common Council shall grant legislative review if a written request
by the appellant is concurred in by 1/3 of the Common Council membership.
The Council may, upon granting review, overturn, modify or uphold
the decision of the administrative appeal board.
Interior alterations of a building or improvement located on
a historic site or within a historic district shall not require a
certificate of appropriateness. However, in the interest of preserving
and maintaining an inventory of historically or architecturally significant
interior building materials and appointments, the Commission shall,
whenever possible, endeavor to contact the owner or persons performing
such work for the purpose of encouraging the restoration or rehabilitation
of any such material or appointment or its careful removal to an ascertainable
location. The Building Inspector shall immediately notify the Commission
of any request for a building permit for interior alterations where
such building materials or appointments may be affected.
The Building Inspector or his appointed representative shall periodically inspect any undertaking authorized by the Commission and set forth in the granting and issuance of a certificate. If a violation of the conditions of any certificate or any unauthorized change of any accessory object, building, improvement, site or structure subject to and protected by the provisions of this chapter is discovered, the Building Inspector is authorized to cite the offending party under authority of this chapter and, in addition, may issue a stop order in accordance with the procedures set forth in Chapter 253 of this Code where a continuing violation would result in irreparable harm to the historic, architectural or cultural preservation of the property subject to the violation.
A violation of this chapter shall constitute a violation of Chapter 253 of the Code and shall be subject to the penalties set forth in that chapter.
