City of Reedsburg, WI Chapter 324 Historic Preservation

[HISTORY: Adopted by the Mayor and Common Council of the City of Reedsburg as Ch. 33 of the former Municipal Codebook. Amendments noted where applicable.]

§ 324-1 Title.

This chapter shall be known as, referred to, or cited as the "Historic Preservation Ordinance, City of Reedsburg, Wisconsin."

§ 324-2 Authority, purpose and intent.

A. Authority. These regulations are adopted under authority granted by § 62.23(7)(em) of the Wisconsin Statutes. Therefore, the Common Council of the City of Reedsburg, Wisconsin ordains these historic preservation regulations.

B. Purpose. The purpose of this chapter is to promote the health, safety, and general welfare of this community.

C. Intent. The intent of this chapter is to:

(1) Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts that represent or reflect elements of cultural, social, economic, political and architectural history.

(2) Safeguard historic and cultural heritage as embodied and reflected in such historic structures, sites and districts.

(3) Stabilize and improve property values, and enhance the visual and aesthetic character of the City of Reedsburg.

(4) Protect and enhance the City of Reedsburg's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry.

(5) Educate the public regarding the need and desirability of the national, state and municipal historic preservation program.

(6) Foster civic pride in the City of Reedsburg's notable accomplishments.

D. Interpretation. These regulations shall be interpreted and applied to accomplish the purpose and intent stated above, provided such interpretation and application do not unreasonably restrict or limit the right of any person to own, sell, lease to another, enjoy, improve or otherwise use any real or personal property in which he or she has an equitable or legal interest.

E. Jurisdiction. The jurisdiction of this chapter shall include all lands and waters within the territorial boundaries of the City of Reedsburg. The jurisdiction of this chapter shall not include any lands or waters within the extraterritorial district of the City of Reedsburg as set forth in § 690-15 of Chapter 690, Zoning, of the Code of the City of Reedsburg, Wisconsin.

F. Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

G. Repeal. Ordinance No. 1321-95 is hereby repealed in its entirety. All other ordinances or parts of ordinances of the City of Reedsburg inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

H. Effective date. This chapter shall be in effect after a public hearing, adoption by the City of Reedsburg Common Council, and publication or posting as provided by law.

§ 324-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CERTIFICATE OF APPROPRIATENESS

The certificate issued by the Historic Preservation Commission approving any exterior alteration to a historic property designated under § 324-7 of this chapter.

[Added 9-27-2021 by Ord. No. 1927-21]

COMMISSION

The Historic Preservation Commission as created by § 324-4.

COMMON COUNCIL

The Common Council of the City of Reedsburg, Wisconsin.

HISTORIC DISTRICT

An area designated by the Common Council pursuant to § 324-7 that contains two or more sites or improvements which have been determined to meet the criteria set forth in § 324-5.

HISTORIC PROPERTY

An historic site, an historic structure, or an historic district.

HISTORIC SITE

Any parcel of land designated by the Common Council pursuant to § 324-7 that meets the criteria set forth in § 324-5.

HISTORIC STRUCTURE

Any improvement which has been designated by the Common Council pursuant to § 324-7 that meets the criteria set forth in § 324-5.

IMPROVEMENT

Any building, structure, place, work of art or any fixture or appurtenance to the real property.

[Amended 9-27-2021 by Ord. No. 1927-21]

PERSON

Any individual, corporation, partnership, or limited liability company, trust, estate, association or any other legal entity.

§ 324-4 Administration.

A. Historic Preservation Commission.

(1) Creation, composition. The Historic Preservation Commission is hereby created and shall consist of seven members appointed by the Mayor, subject to confirmation by the Common Council. The members of the Commission shall serve without compensation and may be removable by the Mayor and the Common Council without cause. The Mayor shall designate one of the members to be the Chairman of the Commission. The Mayor shall appoint one alternate member, who shall act with full power only when a member of the Commission is absent or is unable to vote because of a conflict of interest. One of the principal members of the Commission shall be a member of the Common Council. Members must be drawn from professionals in architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines to the extent such professionals are available in the community concerned, and such other persons as have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines.

[Amended 9-27-2021 by Ord. No. 1927-21]

(2) Term. The members of the Commission, including the Chairman and the designated alternate member, shall serve for a three-year term. Those terms shall be staggered as two three-year terms, two two-year terms and three one-year terms at the time of initial appointment.

(3) Powers and duties. The Commission shall have the following powers and duties.

(a) Pursuant to § 324-6, the Commission shall review and issue its recommendation with respect to nominations to designate a site, improvement or area as an historic property.

(b) Pursuant to § 324-8, the Commission shall review applications for certificate of review and shall issue its certificate of review.

(c) The Commission shall assist persons applying to have property listed on the State Register of Historic Places or the National Register of Historic Places with the application process.

(d) The Commission shall provide information to interested persons regarding investment tax credit programs, grants or loans that may be available with respect to historic rehabilitation efforts. The Commission shall assist interested individuals in understanding and meeting the eligibility requirements for such programs.

(e) The Commission shall educate the public regarding the benefits to the community, businesses and property owners from historic preservation.

(4) Prohibited conduct.

(a) No member of the Commission may use his or her position to obtain financial gain or anything of substantial value for the private benefit of himself, or his or her immediate family, or for an organization with which he or she is associated.

(b) A member of the Commission shall recuse himself or herself from the discussion, the vote or the preparation of the Commission's written recommendation with respect to any nomination of real or personal property in which the member owns or has a material financial interest.

B. Common Council. The Common Council shall have the responsibility of designating historic property pursuant to § 324-7.

§ 324-5 Criteria for historic designation.

A. A site, improvement or district shall be designated as an historic property only if it is significant in national, state or local history, architecture, archaeology, engineering or culture.

[Amended 9-27-2021 by Ord. No. 1927-21]

B. The quality of significance required to be designated as an historic property is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association and that satisfy any of the following conditions:

(1) Association with events that have made a significant contribution to the broad patterns of history.

(2) Association with the lives of persons significant in the past.

(3) Embodiment of the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values.

(4) Representation of a significant and distinguishable entity whose components may lack individual distinction.

(5) Yielding, or likely to yield, information important to prehistory or history.[1]

[1] Editor's note: Former Subsection C, which set forth requirements for property less than 50 years old and immediately followed this subsection, was repealed 9-27-2021 by Ord. No. 1927-21.

§ 324-6 Procedure for historic designation.

A. Nomination process.

(1) Any resident of the City of Reedsburg may nominate a site, improvement or area for designation as an historic property. The nomination shall be made on a form prepared by the Commission. The nomination shall be delivered to the Chairman of the Commission.

(2) A nomination under this chapter does not constitute a nomination to the State Register of Historic Places or the National Register of Historic Places.

(3) The nomination form prescribed by the Commission shall require the following information:

(a) The name and address of the individual submitting the nomination.

(b) The location of the property being nominated for designation as an historic property.

[Amended 9-27-2021 by Ord. No. 1927-21]

(c) The names and addresses of any person or persons who own all or part of the site, improvement or area being nominated for designation as an historic property.

(d) A statement and explanation that the property being nominated for designation as an historic property is eligible for designation under § 324-5.

[Amended 9-27-2021 by Ord. No. 1927-21]

B. Written recommendation. The Commission shall make a written recommendation to the Common Council with respect to whether the property nominated should be designated an historic property.

[Amended 9-27-2021 by Ord. No. 1927-21]

§ 324-7 Designation of historic property.

A. Upon receipt of a recommendation, the City shall fix a time and place of a public hearing before the Common Council within 60 days on the Historic Preservation Commission's recommendation and cause notice to be given as follows: by publishing a Class 1 notice under Chapter 985 of the Wisconsin Statutes; and by mailing a notice thereof to any person having an interest in the property described by the nomination.

[Amended 9-27-2021 by Ord. No. 1927-21]

B. Following the public hearing, the Common Council shall decide whether to approve the Commission's recommendation, modify and approve the Commission's recommendations or disapprove the Commission's recommendation. The decision of the Common Council shall be by a majority vote.

[Amended 8-26-2019 by Ord. No. 1888-19]

§ 324-8 Regulation of historic property.

[Amended 8-26-2019 by Ord. No. 1888-19; 9-27-2021 by Ord. No. 1927-21]

A. After a property has been designated as an historic property pursuant to the procedures set forth in §§ 324-6 and 324-7, the owner or person responsible for such historic property shall not reconstruct, alter or demolish all or any part of the exterior of the historic property or construct any improvement upon the historic property (such actions are collectively referred to herein as "alterations") or cause or permit any alterations to be performed upon the historic property unless a certificate of appropriateness has been issued by the Commission.

B. The Commission shall consider any application for a certificate of appropriateness in light of the following factors:

(1) Whether the proposed alteration would detrimentally change, destroy or adversely affect any exterior feature of the historic property.

(2) In the case of a site or improvement located within an historic district, whether the proposed alteration conforms to the purpose and intent of this chapter and to the objectives and design criteria of the historic preservation plan, if any, for that historic district.

(3) Whether the historic property that would be subjected to the proposed alteration is of such architectural or historic significance that its demolition or change would be detrimental to the public interest and contrary to the general welfare of the residents of the City of Reedsburg.

C. Within 45 days of receiving the application for the certificate of appropriateness, the Commission shall review the application. The certificate of appropriateness shall include the following information if approved:

(1) The Commission's finding with respect to the proposed alteration and the factors set forth in § 324-8B.

(2) The Commission's suggestions as to how the proposed alterations could be completed so as to minimize any adverse affect to the historic property.

(3) Advice to the applicant as to whether any tax credits, grants or loans are available to the applicant for purposes of completing the proposed alterations and whether the proposed alterations could be completed so as to make such tax credits, grants or loans available to the applicant.

D. (Reserved)

E. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City of Reedsburg for the proposed alterations.

F. Notwithstanding § 324-8A, ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of an historic property or the replacement of elements of an historic property with pieces identical in appearance, and provided that the work does not change the exterior appearance of the historic property.

§ 324-9 Appeals and penalties.

[Added 9-27-2021 by Ord. No. 1927-21[1]]

A. 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 in writing such decision to the Common Council within 30 days of the 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.

B. Failure to follow the approval of a certificate of appropriateness shall be subject to forfeiture as set forth in Chapter 1, General Provisions, § 1-3, of the Municipal Code.

[1] Editor's Note: This ordinance also redesignated former § 324-9 as § 324-10.

§ 324-10 Rescission of designation.

[Amended 9-27-2021 by Ord. No. 1927-21]

The designation that a site, improvement or area is an historic property may be rescinded by either of the following procedures:

A. In the event that the Commission determines that the site, improvement or area was improperly designated as an historic property or that the site, improvement or area no longer satisfies the criteria set forth in § 324-5, then the Commission shall publish a Class 1 notice under Chapter 985 of the Wisconsin Statutes that the Commission will be considering a rescission of the designation with respect to that site, improvement or area. A notice thereof shall also be mailed to any person or persons owning all or part of the site, improvement or area. Following a public hearing, the Commission may recommend to the Common Council that the historic property designation for that site, improvement or area be rescinded. Such a recommendation shall be in writing and supported with the Commission's rationale. Following the procedure set forth in § 324-7, the Common Council shall approve, approve and modify or disapprove the Commission's recommendation to rescind the historic property designation.