[Amended by Ord. No. 1686]
It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of improvements or sites of historic
interest or value is a public necessity and is required in the interest
of the health, prosperity, safety and welfare of the Village. The
purpose of this article is to:
A.
Effect and accomplish the protection, enhancement, and preservation
of such improvements and sites which represent or reflect elements
of the Village's cultural, social, economic, political and architectural
history.
B.
Safeguard the Village's historic, prehistoric and cultural heritage,
as embodied and reflected in such historic structures and sites.
C.
Stabilize and improve property values, and enhance the visual and
aesthetic character of the Village.
D.
Protect and enhance the Village's attraction to residents, tourists
and visitors, and serve as a support and stimulus to business.
The following definitions shall apply to this article:
The Architectural Review Commission of the Village of Whitefish
Bay.
The Community Development Authority of the Village of Whitefish
Bay.
The certificate issued by the Architectural Review Commission
or Community Development Authority approving alteration, rehabilitation,
construction, reconstruction or demolition of a historic structure
or historic site.
The Historic Preservation Commission created under this article.
The razing or other intentional destruction of greater than
50% of the value (as determined by the Village Assessor), volume,
mass, or footprint of any single structure.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which an
historic event has occurred, and which has, with an owner's consent,
been designated as a historic site under this article, or an improvement,
parcel, or part thereof, on which is situated a historic structure
and any abutting improvement, parcel, or part thereof, used as and
constituting part of the premises on which the historic structure
is situated.
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, state or nation and which
has, with an owner's consent, been designated as a historic structure
pursuant to the provisions of this chapter.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
The Plan Commission of the Village of Whitefish Bay.
[Amended 3-6-2017 by Ord. No. 1828]
A Historic Preservation Commission is hereby created, consisting
of seven members, to serve in three-year staggered terms, with an
acknowledged interest in historic preservation. If available in the
community, one member should be a registered architect; one should
be a historian; one should be a licensed real estate broker; one should
be a member of the Whitefish Bay Historical Society; and the remainder
shall be citizen members. The Village President shall appoint the
Commissioners subject to confirmation by the Village Board.
A.
For purposes of this article, a historic structure or historic site
designation may be placed on any natural or improved site, including
any building, improvement or structure located thereon, or any area
of particular historic significance to the Village such as historic
structures or sites, 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 or her 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 and historic site designation providing such are in conformance
with the provisions of the Municipal Code and approved by the Village
Board.
A.
Designation. The Historic Preservation Commission shall have the
authority to designate historic structures and historic sites within
the Village limits. All such designations shall be made based on the
criteria in this article. No designation process may proceed without
the submittal to the Commission of a written consent to designation
from any owner of such site or structure. Once designated, such historic
structures and sites shall be subject to all of the provisions of
this article.
B.
Regulation of construction, reconstruction, alteration and demolition.
(1)
The Architectural Review Commission shall review all applications
for certificates of appropriateness for all properties in the Village
not subject to CDA jurisdiction with regard to design review and building
permits. Where the CDA has such jurisdiction, the CDA shall review
all applications for a certificate of appropriateness. No owner or
person in charge of a historic structure or historic site shall reconstruct,
alter or demolish 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
to demolish such property unless a certificate of appropriateness
has been granted by the Architectural Review Commission (or CDA, where
appropriate). Unless the Architectural Review Commission (or CDA,
where appropriate) has granted such certificate, the Building Inspector
shall not issue a permit for any such work on a property unless and
until a certificate of appropriateness is issued for the work. There
shall be no requirement for a certificate of appropriateness, nor
shall the requirements of this article apply, to any action under
§ 66.0413, Wis. Stats., to raze or rehabilitate the property
or otherwise act pursuant to that statutory section.
(2)
Upon filing of any application for a certificate of appropriateness
for activities other than demolition, the Architectural Review Commission
(or CDA, where appropriate) shall approve the application unless any
of the following conditions exist:
(a)
In the case of a designated historic structure or historic site,
the proposed work (other than demolition) would detrimentally change,
destroy or adversely affect any exterior feature of the improvement
or site upon which said work is to be done and available options to
satisfy the requirements of this subsection do not constitute an undue
burden on the applicant;
(b)
In the case of the construction of a new improvement upon a
historic site, the exterior of such improvement would adversely affect
or not harmonize with the external appearance of neighboring improvements
on such site, and available options to satisfy the requirements of
this subsection do not constitute an undue burden on the applicant.
(3)
The Architectural Review Commission (or CDA, where appropriate) shall
not issue a certificate of appropriateness for demolition unless the
applicant has shown that it has made good-faith efforts for a period
of at least 60 days to secure a buyer who agrees to, or otherwise
secures a means to, preserve, relocate, reuse or otherwise rehabilitate
the historic site or structure utilizing a reasonable level of resources
available to the owner or buyer. The Architectural Review Commission
(or CDA, where appropriate) may impose such additional restrictions
or requirements in the demolition permit as it deems reasonably necessary,
including, but not limited to:, the imposition of waiting or negotiation
periods of up to 60 days, the requirement of additional efforts to
preserve or sell the property for periods of up to 60 days, the salvage
or recycling of historic artifacts, the donation or sale of all or
portions of the historic site or structure for removal, or the measurement,
recording and photographing of the structure so as to make an historic
record.
(4)
The issuance of a certificate of appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the Village. A building permit or other municipal permit shall
be invalid if it is obtained without the presentation of a certificate
of appropriateness required for the proposed work.
(5)
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 identical in appearance and provided that
the work does not change the exterior appearance of the historic structure
or site and does not require the issuance of a building permit.
(6)
In addition, in determining whether to issue a certificate of appropriateness
for activities other than demolition, the Architectural Review Commission
(or CDA, where appropriate) shall consider and may give decisive weight
to any or all of the following standards:
(a)
A property should be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
(b)
The historic character of a property should be retained and
preserved. The removal of historic materials or alteration of features
and spaces that characterize a property should be avoided.
(c)
Each property should be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, should not be undertaken.
(d)
Most properties change over time. Those changes that have acquired
historic significance in their own right should be retained and preserved.
(e)
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a property should be
preserved.
(f)
Deteriorated historic features should be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature should match the old in
design, color, texture, and other visual qualities and, where possible,
materials. Replacement of missing features should be substantiated
by documentary, physical or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials should not be used. The surface
cleaning of structures, if appropriate, should be undertaken using
the gentlest means possible.
(h)
Significant archeological resources affected by a project should
be protected and preserved. If such resources must be disturbed, mitigation
measures should be undertaken.
(i)
New additions, exterior alterations, or related new construction
should not destroy historic materials that characterize the property.
The new work shall not be differentiated from the old and should be
compatible with the massing, size, scale and architectural features
to protect the historic integrity of the property and its environment.
(j)
New additions and adjacent or related new construction should
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
(7)
The Architectural Review Commission (or CDA, where appropriate) shall
make its decision regarding a certificate of appropriateness within
30 days of the filing of the application. If the Architectural Review
Commission (or CDA, where appropriate) denies a certificate of appropriateness,
the Architectural Review Commission (or CDA, where appropriate) shall,
with the cooperation of the applicant, work with the applicant in
an attempt to issue a certificate of appropriateness within the terms
of this article. Failure of the Architectural Review Commission (or
CDA, where appropriate) to act on the application within 30 days shall
constitute an approval of the application entitling the applicant
to proceed under the terms of the application for a certificate of
appropriateness.
C.
Appeals.
(1)
Demolition permits. Any aggrieved person, including the owner or
applicant, may appeal a decision regarding a certificate of appropriateness
for demolition to the Village Board within 30 days. The Village Board
shall render its decision based on the record and any additional evidence
presented to it by the aggrieved person and the owner or applicant.
(2)
All other permits. Any aggrieved person, including the owner or applicant,
may appeal such decision to the Board of Appeals within 30 days.
D.
Recognition of historic structures and sites. At such time as an
historic structure or site has been properly designated, the Commission,
in cooperation with the property owner, may cause to be prepared and
erected on such property, utilizing funds as made available by the
Village, a suitable plaque declaring that such property is a historic
structure.
A.
The Commission may, after notice and public hearing, designate or rescind (in whole or in part) historic structures or historic sites after application of the criteria in § 16-87 above. No historic site or historic structure may be designated without consent from an owner of the site or structure to such designation. At least 30 days prior to such hearing, the Commission shall publish a Class I notice pursuant to Wisconsin statutes and shall notify the owner(s) of record, as listed in the office of the Village Assessor.
B.
The Commission shall then conduct such public hearing and, in addition
to the notified persons, may hear expert witnesses and hear such witnesses
and review records as might be presented. The Commission may conduct
an independent investigation into the proposed designation or rescission.
After the public hearing, the Commission may designate or rescind
(in whole or in part) the property or properties as either an historic
structure or historic site. If the Commission fails to take action
within 90 days of the first meeting at which nomination of the structure
or site appears on the Commission's agenda, such nomination will be
deemed rejected in full. After any designation or rescission has been
made by the Commission, notification shall be sent to the property
owner or owners. Notification shall also be given to the Building
Inspector, Village Clerk-Treasurer, and Village Assessor. The Commission
shall cause the designation or rescission to be recorded, at Village
expense, at the County Register of Deeds office.
(1)
Any aggrieved person, including the owner or applicant, may appeal
a decision regarding historic structure or site designation to the
Village Board within 30 days. The Village Board shall consider the
record and may hear additional evidence at its discretion. The Village
Board shall render its decision within 90 days of the appeal. Failure
to take action within 90 days shall constitute affirmance of the Commission's
decision. Any designation shall not take effect until completion of
the appeal.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
No building permit shall be issued by the Building Inspector
for alteration, construction, demolition, or removal of a nominated
historic structure or historic site between the date of the meeting
of the Commission at which nomination for historic designation of
the structure or site is first presented as an agenda item until the
final disposition of nomination by the actions or failure to act of
the Commission or the Village Board unless such alteration, removal
or demolition is authorized by formal resolution of the Village Board
as necessary for public health, welfare or safety or pursuant to § 66.0413,
Wis. Stats.
It shall be the responsibility of the Commission to gather information
regarding funding, tax treatment and legal and contractual methods
of historic preservation and to endeavor to keep the Architectural
Review Commission and CDA apprised of current information regarding
those subjects.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, the remainder of the
article and the application of such provisions to other persons or
circumstances shall not be affected thereby.[1]
[1]
Editor's Note: Original Subsection (10), which immediately
followed this section, was repealed by Ord. No. 1724.
