This chapter shall be known as, referred to, or cited as the
"Historic Preservation Ordinance, City of Reedsburg, Wisconsin."
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]
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 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.
[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.
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.
[Added 9-27-2021 by Ord. No. 1927-21]
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.
[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.