[HISTORY: Adopted by the Village Board of the Village of
Browntown 8-13-1996. Amendments
noted where applicable.]
It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of improvements or sites of special
character or special architectural, archeological or historic interest
or value is a public necessity and is required in the interest of
the health, prosperity, safety and welfare of the people. The purpose
of this chapter is to:
A.
Effect and accomplish the protection, enhancement, and preservation
of such improvements, sites and districts 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 attractions to residents, tourists
and visitors, and serve as a support and stimulus to business and
industry.
The definitions shall be as follows:
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of an historic
structure, historic site or any improvement of an historic structure,
or historic site.
The historic Preservation Commission created under this chapter.
An area designated by the Board of Trustees, on recommendation
of the Commission, that contains two or more historic improvements
or sites.
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 been designated as an historic
site under this chapter; or an improvement parcel, or part thereof,
on which is situated an 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 been designated as an 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.
An Historic Preservation Commission is hereby created, consisting
of five members. Each member shall have, to the highest extent practicable,
a known interest in historic preservation. The President shall appoint
the Commissioners subject to confirmation by the Board of Trustees.
A.
For purposes of this chapter, an historic structure or historic site
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, archeological or cultural significance
to the Village such as historic structures or sites that:
(1)
Exemplify or reflect the broad cultural, political, economic or social
history of the nation, state or community; or
(2)
Are identified with historic personages or with important events
in national, state or local history; or
(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; or
(4)
Are representative of the notable work of a master builder, designer
or architect who influenced his 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 or historic site designation, providing such are in conformance
with the provisions of this chapter.
A.
Designation. The Commission shall have the power, subject to § 167-6, to designate structures and historic sites and to recommended designation of historic districts within the Village limits. Such designation shall be made based on § 167-6. Historic districts shall be approved by the Board of Trustees. Once designated, such historic structures and sites shall be subject to all the provisions of this chapter.
B.
Regulation of construction, reconstruction, alteration and demolition.
(1)
No owner or person in charge of an 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 or demolish such property unless a certificate
of appropriateness has been granted by the Historic Preservation Commission.
Also, unless such certificate has been granted by the Commission,
the Building Inspector shall not issue a permit for any such work.
(2)
Upon filing of any application for a certificate of appropriateness
with the Commission, the Commission shall approve the application
unless:
(a)
In the case of a designated historic structure or historic site,
the proposed work would detrimentally change, destroy or adversely
affect any exterior feature of the improvement or site upon which
said work is to be done;
(b)
In the case of the construction of a new improvement upon an
historic site, the exterior of such improvement would adversely affect
or not harmonize with the external appearance of other neighboring
improvements on such site;
(c)
In the case of any property located in an historic site, the
proposed construction, reconstruction, exterior alteration or demolition
does not conform to the purpose and intent of this chapter and to
the objectives and design criteria of the historic preservation plan
for said site;
(d)
The building or structure is of such architectural or historical
significance that its demolition would be detrimental to the public
interest and contrary to the general welfare of the people of the
Village and state;
(e)
In the case of a request for the demolition of a deteriorated
building or structure, any economic hardship or difficulty claimed
by the owner is self-created or is the result of any failure to maintain
a property in good repair.
(3)
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, it shall issue the certificate
of appropriateness. The Commission shall decide within 45 days of
the filing of the application.
(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 the 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 structure
or site and does not require the issuance of a building permit.
C.
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 Board of Trustees at the
next regular board meeting. 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.
Designation of historic structures and historic sites.
A.
The Commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in § 167-4 above. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the Village Clerk, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.
B.
The Commission shall then conduct such public hearing and, in addition
to the notified persons, may hear expert witnesses and shall have
the power to subpoena such witnesses and records as it deems necessary.
The Commission may conduct an independent investigation into the proposed
designation or rescission. Within 10 days of the close of the public
hearing, the Commission may designate the property as either an historic
structure or an historic site, or rescind the designation. After the
designation or rescission has been made, notification shall be sent
to the property owner or owners. Notification shall also be given
to the Village Clerk, Building Inspection Division, and the Village
Assessor. The Commission shall cause the designation or rescission
to be recorded, at the Village expense, in the County Register of
Deeds office.
No building permit shall be issued by the Building Inspector
for alteration, construction, demolition, or removal of a nominated
historic structure or historic site from the date of the meeting of
the Historic Preservation Commission at which a nomination form is
first presented until the final disposition of the nomination by the
Historic Preservation Commission or the Board of Trustees unless such
alteration, removal or demolition is authorized by formal resolution
of the Board of Trustees as necessary for public health, welfare or
safety. In no event shall the delay be for more than 180 days.
Any person or persons violating any provision of this chapter
shall be fined $50 for each separate violation. Each and every day
during which a violation continues shall be deemed to be a separate
offense. Notice of violations shall be issued by the Building Inspector.
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of this
chapter and the application of such provisions to other persons or
circumstances shall not be affected thereby.
