The following site performance standards in this article shall
apply to any construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure or building.
[Amended 1-19-2016 by Ord. No. 1-16-673; 10-16-2017 by Ord. No. 9-17-689; 6-4-2018 by Ord. No. 5-18-699]
A. Purpose and intent. The protection, enhancement, perpetuation and
use of improvements of special character or special historical interest
or value are in the public interest. The purpose of historic conservation
is to:
(1) Protect, enhance and perpetuate improvements and districts which
represent or reflect elements of the City's cultural, social,
economic, political and architectural history;
(2) Safeguard the City's historic and cultural heritage, as embodied
and reflected in such landmarks and historic districts;
(3) Stabilize and improve property values;
(4) Foster civic pride in the beauty and noble accomplishments of the
past;
(5) Protect and enhance the City's attractions to residents, tourists
and visitors, and serve as a support and stimulus to business and
industry;
(6) Strengthen the economy of the City; and
(7) Promote the use of historic districts and landmarks for the education,
pleasure and welfare of the people of the City.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CERTIFICATE OF APPROPRIATENESS
The certificate issued which approves alteration, rehabilitation,
construction, reconstruction or razing of an historic structure or
site or any improvement in an historic district.
CONTRIBUTING RESOURCES
Contributing resources are the buildings, objects, sites
and structures that played a role or, more simply, existed at the
time the event associated with the proposed historic landmark occurred.
The resources' status as contributing shall be identified on
the official landmark designation.
HISTORIC DISTRICT
Any area designated pursuant to the provisions of this chapter
that contains two or more historic improvements or sites as well as
those abutting improvement parcels which the Commission determines
should fall under the provisions of this section to assure that their
appearance and development is harmonious with such landmarks or landmark
sites.
LANDMARK SITE
Any parcel of land of historic significance due to a substantial
value in tracing the history of aboriginal people or upon which an
historic event has occurred, and which has been designated as a landmark
site under this chapter, or a parcel or part thereof on which is situated
a landmark.
LANDMARK 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 as a landmark pursuant to the provisions of this chapter.
NONCONTRIBUTING RESOURCES
Noncontributing resources are the buildings, objects, sites,
and structures that did not exist at the time the event(s) associated
with the proposed historic landmark occurred or have lost integrity
from that historic period.
C. Historic structure, site, and district designation criteria. For
the purposes of this chapter, an historic structure, site, or 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, or cultural significance to
the city, which:
(1) Exemplifies or reflects the broad cultural, political, economic or
social history of the nation, state or community; or
(2) Is associated with the lives of important persons or with important
events in national, state or local history; or
(3) Embodies the distinguishing characteristics of an architectural type
inherently valuable for a study of a period, style, method of construction
or of indigenous materials or craftsmanship; or
(4) Is representative of the notable work of a master builder, designer
or architect; or
(5) Exhibits important archaeological or anthropological significance.
D. Nomination. Any person, or the Landmarks Commission, may nominate a building or structure, site, or historic district for designation as a landmark. The person or Commission shall submit the nomination to the City Planning Division, to the attention of the City Planner, on a nomination form approved by the Landmarks Commission. The nomination shall clearly identify the proposed landmark structure, landmark site, or historic district and document why it qualifies under Subsection
C. The City Planner may ask the person or Commission to submit additional information and documentation as needed to complete or clarify the nomination. When the City Planner determines that the nomination is complete, the City Planner shall refer the nomination to the Landmarks Commission. Any property nominated for landmark status located within a redevelopment area or tax increment financing district shall also be referred to the Community Development Authority for review and recommendation prior to Common Council action.
E. Landmarks Commission review and public hearing of nomination. Whenever the Landmarks Commission receives a complete, accurate nomination under Subsection
D, the Commission shall review the nomination. As part of its review, the Commission shall hold a public hearing, preceded by a Class 1 notice and notice to the owner of record of the proposed landmark, and to the owner of record of each lot located within 200 feet of the lot on which the proposed landmark is located. If any person or persons other than the owner of record files the nomination, the owner of record shall be notified of the nomination via certified mail no later than 10 days prior to the public hearing.
F. Designation. After the Landmarks Commission holds a public hearing and completes its review under Subsection
E, the Commission shall file a report recommending approval, disapproval, or approval subject to conditions. Final approval of the designation shall be granted by the Common Council. Once designated, such historic structures, sites, and districts shall be subject to all provisions of this chapter.
G. Notification and recording of designation. The City Clerk shall promptly
notify the Building Inspector of each landmark designation, as well
as the owner of record of the site. The City Clerk shall record the
designation with the Dane County Register of Deeds at the City's
expense.
H. Voluntary supplemental restrictions. The Common Council may at any
time supplement the terms of a landmark designation, pursuant to an
agreement between the landmark owner and the Landmarks Commission,
to enhance the preservation and protection of the landmark.
I. Recognition of landmarks. Whenever the Common Council designates a landmark under Subsection
F, the Landmarks Commission may affix a plaque identifying the property as a landmark to the landmark or landmark site with the permission of the owner or, in the absence of permission, in the public right-of-way as approved by the Public Works Director. The plaque shall be placed so that it is easily visible to passing pedestrians. In the case of a landmark structure, the plaque or sign shall include the accepted name of the landmark, the date of its construction, and other information that the Landmarks Commission considers appropriate. In the case of a landmark that is not a structure, the plaque or sign shall include the common name of the landmark and other information that the Commission considers appropriate. If the Commission determines that, because the landmark is ecologically or culturally sensitive, a plaque or sign would be inappropriate, no plaque or sign is required. No person may remove or modify a plaque without approval of the City Planner.
J. Amending or rescinding a landmark designation. Any person may petition the Landmarks Commission to amend or rescind a Landmark Designation. The process for amending a landmark shall be the same as for designating a landmark under Subsections
D through
G above.
K. Regulation of construction, reconstruction or alterations. If an application for a zoning or building permit for exterior work involves a landmark structure, landmark site, or a contributing resource within an historic district, the permit shall first be referred to the Landmarks Commission for consideration of a certificate of appropriateness. No permit may be issued until the Commission has issued a certificate of appropriateness under Subsection
N. In cases where a building permit is not required, 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 and materials identical in appearance and provided that the work does not change the exterior appearance of the structure or site. This consideration shall be based on the considerations below, and the United States Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67.
(1) Whether the proposed work would detrimentally change, destroy or
adversely affect any architectural feature of the landmark; and
(2) In the case of a new construction, whether the exterior of such construction
would be in harmony with the external appearance of other landmarks
on the site; and
(3) Whether the proposal would significantly alter or destroy the historic
characteristics of the landmark or the landmark site.
L. Regulation of demolition. No permit to demolish all or part of an
historic structure or contributing resource in an historic district
shall be granted by the Building Inspector except as follows:
(1) No person in charge of an historic structure shall be granted a permit
to demolish such property under any circumstances without first receiving
the written approval of the Commission.
(2) At the time a person applies for a permit to demolish such property, an application shall be forwarded to the Commission. The Commission may refuse to grant written approval of a period of up to six months from the time of the application, during which time the Commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save the property. The six-month period may be extended by mutual agreement of the applicant and the Commission. If the time period is not extended, the Commission's denial of the certificate of appropriateness shall become final unless a formal application for funds from any governmental unit or nonprofit to preserve the property is pending. The Commission's denial of a certificate of appropriateness may be appealed to the Common Council within 60 days of a final denial under Subsection
N. If a mutually agreeable method of saving the property or an application for funds is apparent after the six-month period, but is then unsuccessful within a period of 60 days following the end of the required time period, the Commission's denial of the certificate of appropriateness stands and the applicant may appeal to the Council under Subsection
N.
(3) In determining whether to issue a certificate of appropriateness
for any demolition, the Commission shall consider the following:
(a)
Whether the building or structure is of such an architectural
or historic significance that its demolition would be detrimental
to the public interest and contrary to the general welfare of the
people of the City of Monona and the state.
(b)
Whether the demolition of the subject property would be contrary
to the purpose and intent of this chapter.
(c)
Whether the building or structure is of such old and unusual
or uncommon design, texture and/or material that it could not be reproduced
or reproduced only with great difficulty and/or expense.
(d)
Whether the retention of the building or structure would promote
the general welfare of the people of the City of Monona and the state
by encouraging study of American history, architecture, and design
or by developing an understanding of American culture and heritage.
(e)
Whether the building or structure is in such deteriorated condition
that it is not structurally or economically feasible to preserve or
restore it, provided that any hardship claimed by the owner is not
self-created, or is a result of failure to maintain the property in
good repair.
M. Certificate of appropriateness. 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 considering the matters referred to in Subsection
K, it shall issue the certificate of appropriateness. The Commission shall make this decision within 45 days of filing of the application. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. If the Commission fails to issue a certificate of appropriateness, the Commission shall, at the request of the applicant, cooperate and work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter.
N. 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 in accordance with Chapter 68 of the Wisconsin Statutes by filing a written notice with the City Clerk within 30 days after expiration of the applicable period set forth in Subsections
L and
M above.
O. Sale of historic structures and historic sites. Any person who is
listed as the owner of record of an historic structure at the time
of its designation, who can demonstrate to the Commission that by
virtue of such designation, he or she is unable to find a buyer willing
to pay fair market value and to preserve such structure or site, even
though he or she has made reasonable attempts in good faith to find
and attract such a buyer, may petition the Commission for a rescission
of its designation. In the event of such rescission, the Commission
shall notify the Building Inspector as well as the owner of record
of the site, and shall cause the rescission to be recorded with the
Dane County Register of Deeds at the City's expense.
P. Conditions dangerous to life, health, or property. Nothing contained
in this chapter shall prohibit the construction, reconstruction, alteration
or demolition of any historic structure pursuant to the order of any
appropriate City or state governmental official, or any court order
having jurisdiction, for the purpose of remedying conditions determined
to be dangerous to life, health, or property. In such cases, no approval
from the Commission shall be required.
Q. Duty to maintain in good repair. Every person in charge of an historic
structure or historic site 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. This provision
shall be in addition to all other provisions of law requiring such
improvement to be kept in good repair.
R. Variances.
(1) General. A property owner who applies for a certificate of appropriateness may request a variance. The Landmarks Commission may grant a variance from the standards in Subsection
K for any of the following reasons:
(a)
Economic hardship under Subsection
R(4) below.
(b)
Historic design under Subsection
R(5) below.
(c)
Alternative design under Subsection
R(6) below.
(d)
Projects which are necessary for the public interest under Subsection
R(7) below.
(2) Variance request. A property owner shall make a variance request
to the Landmarks Commission. The request shall include:
(a)
The name and address of the property owner.
(b)
The location of the property to which the request pertains.
(c)
The certificate of appropriateness application to which the
variance request pertains.
(d)
The type of variance requested under Subsection
R(1).
(e)
The specific variance requested.
(f)
The circumstances and supporting evidence that justify the requested
variance.
(g)
Any other materials requested by the City Planner or Landmarks
Commission.
(3) Hearing, decision, and appeal.
(a)
The Landmarks Commission shall hold a public hearing on each variance request. The Commission shall give notice of the hearing as provided in Subsection
E. The Commission may combine the hearing with a hearing on the proposed certificate of appropriateness to which the variance request pertains, provided that the hearing notice identifies both items.
(b)
After it holds a public hearing on a variance request, the Commission
shall grant or deny the request.
(c)
The Commission's decision may be appealed to the Common Council as provided under Subsection
M.
(4) Economic hardship variance. The Landmarks Commission may grant a
variance if all of the following apply:
(a)
Strict literal application of the standards in Subsection
K would deny the property owner a reasonable rate of return on investment or would impose upon the property owner an unreasonable and unnecessary financial hardship.
(b)
The circumstances justifying the variance are unique to the
property in question, and:
[1]
Are not caused by the owner's failure to maintain the property
as required by this chapter; and
[2]
Do not apply to a substantial portion of the historic district
or historic resources within 200 feet of the subject property; and
[3]
Will not alter the historic character of the historic district
or historic resources within 200 feet of the subject property.
(c)
The property owner documents the circumstances justifying the
variance. Required documentation may include as determined by City
staff or the Landmarks Commission:
[3]
Real estate listings, disclosure statements, asking prices,
and purchase offers;
[4]
Tax assessments and real estate listings for comparable properties;
[5]
Improvements made and improvement costs incurred during ownership;
[6]
Routine maintenance costs incurred during ownership;
[7]
Costs to comply with the standard from which a variance is requested;
[8]
Other documentation as reasonable requested by the Landmarks
Commission.
(5) Historic design variance. The Landmarks Commission may grant a variance allowing, as part of the alteration of an existing structure, elements otherwise prohibited under Subsection
K if all of the following apply:
(a)
The property owner provides photographic or other evidence to
show that other local structures of similar age and style incorporated
similar elements as part of the original design.
(b)
The proposed alteration complies with all other applicable standards under Subsection
K.
(c)
The alteration will not destroy significant architectural features
on the building.
(6) Alternative design variance. The Landmarks Commission may grant a variance allowing, in a new or altered structure, elements that are otherwise prohibited under Subsection
K if all of the following apply:
(a)
The elements will enhance the quality of the design.
(b)
The design complies with all other applicable standards under Subsection
K.
(c)
The design does not allow material deviations from historic
district standards and guidelines in the Secretary of Interior Standards
for Rehabilitation that would undermine the character or purpose of
the historic district.
(d)
The design will have a beneficial effect on the historic character
of the area within 200 feet of the subject property.
(7) Public interest variance. The Landmarks Commission may grant a variance allowing the construction of a new structure, or the alteration, demolition, or removal of an existing structure, which would otherwise be prohibited under Subsection
K, if the Commission finds that a variance is necessary in the public interest. A variance is necessary in the public interest if the Commission finds all of the following:
(a)
The proposed building, object, site or structure provides unique,
high-priority benefits to the general public.
(b)
The benefits to the general public substantially outweigh the
strong public interest in preserving historic resources expressed
in this chapter.
(c)
There are no reasonable alternatives to granting a variance
that would allow the proposed project to occur in the city and satisfy
the standards of this chapter.
S. Penalties for failure to obtain a certificate of appropriateness.
(1) General penalty. Any person who, without obtaining a certificate
of appropriateness, performs acts requiring a certificate of appropriateness
or who violates the terms of the certificate of appropriateness shall
be subject to the forfeiture set forth in the forfeiture schedule.
(2) Permits. The Building Inspector shall not issue a permit allowing
alteration, construction, demolition, removal, or for any other action
for which a certificate of appropriateness is required unless the
certificate has been approved by the Commission and issued by the
City Planner.
(3) Prohibition. No owner, operation, or person in charge of a landmark
structure, landmark site, or contributing resource within an historic
district shall cause or permit any painting of signs, alteration,
construction, demolition, or removal for which a certificate of appropriateness
is required unless a certificate has been approved by the Commission.
(4) Penalty for work done without certificate of appropriateness. In addition to any other penalty provided in this chapter, the Landmarks Commission may order the removal or modification of any alteration, construction or other work that was performed without a required certificate, or that was not performance in compliance with the conditions of an issued certificate, when such work does not meet the applicable standards for a certificate under Subsection
K. Alternatively, the Commission may order renovation to make such work comply with those standards.
Chapter
466, Floodplain and Shoreland-Wetland Zoning, of the Code of the City of Monona designates floodplains and lists floodplain regulations. In the areas designated by Chapter
466, Floodplain and Shoreland-Wetland Zoning, any new use or change in use of any building, structure, land or water, any land disturbance, any development and any construction, reconstruction, conversion, alteration, relocation or extension of any building or structure shall be subject to Chapter
466, Floodplain and Shoreland-Wetland Zoning.