[HISTORY: Adopted by the Village Board of the Village of Allouez 2-17-2015 by Ord. No. 2015-02 (Ch. 424 of the Village Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 175.
Zoning — See Ch. 475.
[Amended 1-16-2018 by Ord. No. 2018-01]
This chapter is designed to promote the general welfare of the community and of the state by regulating any place, structure or object with a special character, historic interest, aesthetic interest or other significant value for the purpose of preserving the place, structure or object and its significant characteristics. The intent of this chapter is to initiate and regulate the process for locally designating properties or districts or to initiate and facilitate the selection and nomination process for properties or districts to be placed on the State and/or National Register of Historic Places. Sites placed on the State and/or National Register of Historic Places are not automatically considered locally designated and are not immediately subject to the same controls and restrictions outlined in this chapter. 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 Village of Allouez's cultural, social, economic, political and architectural history.
B. 
Safeguard the Village of Allouez'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 Village of Allouez.
D. 
Foster civic pride in the beauty and accomplishments of the past.
E. 
Enhance the Village's attraction to residents, tourists and visitors and serve as a support and stimulus to local business.
F. 
Strengthen the economy of the Village.
G. 
Promote the use of historic structures, sites and districts for the education, pleasure and welfare of the residents of Allouez.
[Amended 2-7-2017 by Ord. No. 2017-02; 1-16-2018 by Ord. No. 2018-01]
Unless otherwise indicated, the below words, terms or phrases used herein shall have the following meanings:
ALTERATION
Any act or process which changes one or more of the exterior features of a structure, including, but not limited to, the erection, construction, reconstruction or moving of any improvement.
CERTIFICATE OF APPROPRIATENESS
A statement verifying that the Commission has reviewed an application to allow the alteration, rehabilitation, reconstruction or razing of any improvement upon an historic site or within an historic district; that the Commission has found the requested action to be appropriate to the general character of the historic site or historic district; and that the requested action may be taken subject to applicable building and zoning codes.
[Amended 8-1-2023 by Ord. No. 2023-07]
COMMISSION
The Historic Preservation Commission created under this chapter.
[Amended 8-1-2023 by Ord. No. 2023-07]
HISTORIC DISTRICT
A place or area designated as an historic district by the Village Board on recommendation of the Commission. In order to be designated, the following requirements shall be met: The historic district may contain, within definable geographic boundaries, one or more historic structures along with such other buildings, places or areas which, while not of such historic significance to be designated as historic structures, nevertheless contribute to the overall visual character of the historic structure or structures located within the district.
[Amended 8-1-2023 by Ord. No. 2023-07]
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 Village and which has been designated 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.
LANDMARK
Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the Village which has been designated as a landmark pursuant to the provisions herein.
LANDMARK SITE
Any parcel of land of historic significance due to a substantial value in tracing the history of aboriginal man or upon which an historic event has occurred and which has been designated as a landmark site.
RAZING
Any act or process which demolishes or destroys, in part or in whole, an improvement.
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 Village, 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 such are in conformance with the provisions of this chapter.
[Amended 8-1-2023 by Ord. No. 2023-07]
[Amended 1-16-2018 by Ord. No. 2018-01; 8-1-2023 by Ord. No. 2023-07]
A. 
The Commission shall have the power, subject to § 248-6, to designate historic structures and historic sites and to recommend designation of historic districts within the Village limits. Such designation shall be made based on § 248-4. Historic districts shall be approved by the Village Board. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
B. 
If any property, site, physical object, building, or structure is an historic landmark or is contributing to an historic district, as recognized by local designation by the Village of Allouez, the Commission shall have the authority to review an application to alter, repair, rehabilitate, reconstruct, or raze any improvement upon such structure and may issue a certificate of appropriateness, as required under § 248-6.
A. 
Designation of historic structures and historic sites.
(1) 
After receipt of recommendation from the Commission, the Village Board may, after notice and public hearing, designate historic structures, sites and districts. At least 10 days prior to such hearing, the Village Clerk-Treasurer shall notify the owners of record who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.
[Amended 8-1-2023 by Ord. No. 2023-07]
(2) 
The Village Board shall then conduct such public hearing. Within 30 days after the close of the public hearing, the Village Board may designate the property as either a historic structure or a historic site. If the properties are designated as a historic structure or a historic site, notification shall be made of this decision to the property owner or owners by certified mail, return receipt. The designation shall be recorded, at Village expense, at the County Register of Deeds office.
(3) 
At such time as a historic structure or site has been properly designated, the Commission, in cooperation with the property owner, may prepare and erect on such property and at Village expense a suitable plaque declaring that such property is a historic structure or site.
[Amended 8-1-2023 by Ord. No. 2023-07]
B. 
Creation of historic district.
[Amended 8-1-2023 by Ord. No. 2023-07]
(1) 
For preservation purposes, the Commission shall select geographically defined areas within the Village 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 Village, after application of the criteria in § 248-4 above. Each historic preservation plan prepared for or by the 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) 
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 Village Clerk-Treasurer to the owners of the property within the proposed district or who are situated in whole or in part within 200 feet of the boundaries of the proposed district. Said notice shall be sent at least 10 days prior to the date of the hearing. Following the public hearing, the Commission shall vote to recommend, reject or withhold action on the plan.
(b) 
The Village Board, upon receipt of the recommendations from the Commission, shall hold a public hearing, notice to be given by the Village Clerk-Treasurer as noted in Subsection A(1) 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.
(3) 
At such time as a historic district has been properly designated, the Commission, in cooperation with the property owner, may prepare and erect on such property and at Village expense a suitable plaque declaring that such property is a historic district.
C. 
Regulation of construction, reconstruction, alteration and razing.
(1) 
No owner or person in charge of a historic structure, historic site, or structure within a historic district shall reconstruct, alter or raze 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 raze 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.
[Amended 8-1-2023 by Ord. No. 2023-07]
(2) 
Upon filing of any application for a certificate of appropriateness with the Commission, the Commission shall approve the application, except:
[Amended 8-1-2023 by Ord. No. 2023-07]
(a) 
In the case of a designated historic structure or historic site, where 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, where 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 where a building or structure, although not itself a designated historic structure, contributes to the distinctive architectural or historic character of the historic district as a whole.
(d) 
In the case of any property located in a historic district, where the proposed construction, reconstruction, exterior alteration or razing 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.
(e) 
In the case where the building or structure is of such old, unusual, or uncommon design, texture and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense.
(f) 
In the case where the building or structure is of such architectural or historical significance that its razing would be detrimental to the public interest and contrary to the general welfare of the people of the Village.
(g) 
In the case of a request for the razing of a deteriorated building or structure, where any preservation or restoration efforts would not be structurally or economically feasible, provided that any hardship or difficulty claimed by the owner which is self-created or which is the result of any failure to maintain the property in good repair cannot qualify as a basis for the issuance of a certificate of appropriateness.
(3) 
At such time as a property owner or person in charge of a property applies for a certificate of appropriateness to alter, rehabilitate, reconstruct, or add an addition to an improvement, such application shall be filed with the Historic Preservation Commission. 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 30 days of the filing of the application to alter, rehabilitate, reconstruct, or add an addition to an improvement.
[Amended 8-1-2023 by Ord. No. 2023-07]
(4) 
At such time as a property owner or person in charge of a property applies for a certificate of appropriateness to raze an improvement, such application shall be filed with the Historic Preservation Commission. Upon such application, the Commission may refuse to grant such written approval for a period of up to 60 days from the time of such application for single-family homes and up to 90 days for other types of structures, during which time the Commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the Commission shall cooperate in attempting to avoid razing of the property. At the end of the required time 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 may issue the permit to raze the subject property without the approval of the Commission. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and made available for disbursement within a period of 30 days following the end of the required time period, the Building Inspector may issue the permit to raze the subject property without the approval of the Commission.
[Amended 8-1-2023 by Ord. No. 2023-07]
(5) 
The certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the Village.
(6) 
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.
(7) 
Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided that the work involves repairs to existing features of a 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.
D. 
Appeals. An appeal from the decision of the Historic Preservation Commission to grant or deny a certificate of appropriateness may be taken to the Village Board by the applicant. Such appeal shall be initiated by filing a petition to appeal, specifying the grounds thereof, with the Village Clerk-Treasurer within 10 days of the date the final decision of the Commission is made. After reviewing the application for appeal, the Village Board may, by a favorable majority vote of its members, reverse or modify the decision of the Historic Preservation Commission if, after balancing the interest of the public in preserving the subject property and the interest of the owner in using it for his or her own purposes, the Village Board finds that, owing to special conditions pertaining to the specific parcel of property, razing will preclude any and all reasonable use of the property causing serious hardship for the owner, provided that any self-created hardship shall not be a basis for reversal or modification of the Commission's decision. 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.
[Amended 8-1-2023 by Ord. No. 2023-07]
[Amended 2-7-2017 by Ord. No. 2017-02; 8-1-2023 by Ord. No. 2023-07]
Nothing contained in this chapter shall prohibit the necessary construction, reconstruction, alteration, or razing of part or all of a historic structure, improvement, landmark or landmark site contributing to a historic district, pursuant to order of a court or authorized governmental official, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, documenting the action to the Historic Preservation Commission only shall be required.
Except as otherwise provided, any person, firm, corporation or organization found to be in violation of any provision of this chapter or any rule or order promulgated herein shall be subject to a penalty as provided in § 1-3 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.