There is hereby established a Historic Preservation Commission
for the City of Franklin to safeguard the City's historic and cultural
heritage; stabilize and improve property values; promote civic pride
in the beauty and noble accomplishments of the past; protect and enhance
the City for its residents, tourists and visitors for education, pleasure,
and general welfare; and to strengthen the economy of the City.
The Historic Preservation Commission shall organize and adopt
rules for its own government in accordance with the provisions of
this Section.
A. Meetings. Meetings shall be held at the call of
the Chairman of the Historic Preservation Commission or when requested
by the Common Council or City Plan Commission and shall be open to
the public.
B. Minutes. Minutes shall be kept showing all actions
taken and shall be a public record. The grounds for every decision
shall be stated in the minutes.
C. Quorum. Quorum shall be four members, and all actions
shall require the concurring vote of at least four members.
The Historic Preservation Commission shall have the following
powers:
A. Designation. The Historic Preservation Commission
shall have the power to recommend the designation of landmarks, landmark
sites and historic districts within the City to the City Plan Commission
based upon criteria established in § 15-10.0405 of this
Ordinance.
B. Regulation of Construction, Reconstruction and Exterior
Alteration. No owner or person in charge of a landmark, landmark site,
or structure within a historic district shall reconstruct or alter
all or any part of the exterior of such property or construct any
improvement upon such designated property or cause or permit any such
work to be performed upon such property unless a Certificate of Appropriateness
has been granted by the City Plan Commission upon recommendation by
the Historic Preservation Commission. Applications for a Certificate
of Appropriateness shall be filed with the Historic Preservation Commission.
Within 30 days of Submission of the application, the Historic Preservation
Commission shall make a recommendation to the City Plan Commission
based upon the following determinations:
1. Whether, in the case of a designated landmark or
landmark site, the proposed work would detrimentally change, destroy
or adversely affect any exterior architectural feature of the improvement
upon which said work is to be done; and
2. Whether, in the case of the construction of a new
improvement upon a landmark site, the exterior of such improvement
would adversely affect or not harmonize with the external appearance
of other neighboring improvements on such site; and
3. Whether, in the case of any property located in
a historic district designated pursuant to the criteria established
in § 11.5, hereunder, the proposed construction, reconstruction
or exterior alteration does not conform to the objectives and design
criteria of the historic preservation plan for said district as duly
adopted by the City Plan Commission.
C. Regulation of Demolition. No person in charge of
a landmark, or improvement in a historic district shall be granted
a permit to demolish such property without review and recommendation
by the Historic Preservation Commission to the City Plan Commission.
D. Recognition of Landmarks and Landmark Sites. At
such time as a landmark or landmark site has been properly designated
in accordance with this Division, the Historic Preservation Commission
may cause to be prepared and erected on such property, at City expense,
a suitable plaque declaring that such property is a landmark or landmark
site. Such plaque shall be so placed so as to be easily visible to
passing pedestrians. In the case of a landmark, the plaque shall state
the accepted name of the landmark, the date of its construction, and
other information deemed proper by the Historic Preservation Commission.
In the case of a landmark site which is not the site of a landmark
building, such plaque shall state the common name of the site, and
such other information deemed appropriate by the Historic Preservation
Commission.
E. Sale of Landmark Sites. Any party who is listed
as the owner of record of a landmark or landmark site at the time
of its designation, who can demonstrate to the Historic Preservation
Commission that by virtue of such designation he is unable to find
a buyer willing to preserve such landmark site, even though he has
made reasonable attempts in good faith to find and attract such a
buyer, may petition the Historic Preservation Commission to recommend
to the City Plan Commission a rescission of its designation. Following
the filing of such petition with the secretary of the Historic Preservation
Commission:
1. The owner and the Historic Preservation Commission
shall work together in good faith to locate a buyer for the subject
property who is willing to abide by its designation.
2. If, at the end of a period not exceeding six months
from the date of such petition, no such buyer can be found, and if
the owner still desires to obtain such rescission, the Historic Preservation
Commission shall recommend to the City Plan Commission to rescind
its designation of the subject property.
3. In the event such rescission, the Historic Preservation
Commission shall notify the City Clerk, the Building Inspector and
the City Assessor of same, and shall cause the same to be recorded,
at the City's expense, in the office of the Milwaukee County Register
of Deeds.
4. Following any such rescission, the Historic Preservation
Commission may not recommend to redesignate the subject property a
landmark or landmark site for a period of not less than five years
following the date of rescission.
F. Other Duties of the Historic Preservation Commission.
In addition to those duties already specified in this section, the
Historic Preservation Commission shall:
1. Actively work for the passage of enabling legislation
which would permit the granting of full or partial tax exemptions
to properties it has designated under the provisions of this section
in order to encourage landmark owners to assist in carrying out the
provisions of this Ordinance.
a. Cooperate with the State of Wisconsin Historic Preservation
Officer and the State Historic Preservation Review Board in attempting
to include such properties designated as landmarks or landmark sites,
or historic districts on the National Register of Historic Places.
2. Work for the continuing education of the citizens
about the historic heritage of the City of Franklin and the landmarks
and landmark sites.
3. As it deems advisable, receive and solicit funds
for the purpose of landmarks preservation in the City. Such funds
shall be placed in a special City account for such purpose.