[HISTORY: Adopted by the Common Council of the City of Gillett 11-3-2011 by Ord. No. 17-2011. Amendments noted where applicable.]
The Common Council hereby declares as a matter of public policy
that the protection, enhancement, perpetuation and use of improvements
or sites of special character or special architectural 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.
Safeguard the cultural resources of the City of Gillett by preserving
sites, structures, and landmarks which reflect elements of the City's
cultural, social, economic, political, visual or architectural history.
B.
Protect and enhance the City's attractions to visitors and residents,
and serve as a support and stimulus to business, industry and tourism.
C.
Foster civic pride in the beauty and notable accomplishments of the
past.
D.
Enhance the visual and aesthetic character, diversity and interest
of the City.
E.
Promote the use and preservation of historic sites, structures, and
landmarks for the education and general welfare of the people of the
City with respect to the cultural, civic, architectural and historic
heritage of the City.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction, or demolition of an
historic structure, historic site.
City of Gillett, Wisconsin.
The Historic Preservation Commission created under this chapter.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of humans, 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 City, 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.
The unit of property which includes a physical betterment
constituting an improvement and the land embracing the site thereof,
and is treated as a single entity for the purpose of levying real
estate taxes; provided, however, that the term "improvement parcel"
shall also include any unimproved area of land which is treated as
a single entity for such tax purposes.
A.
The Common Council shall establish a seven-member Historic Preservation
Commission vested with the authority and responsibility to propose
action to safeguard and preserve the historic heritage of the City.
In this role, the Historic Preservation Commission will act in an
advisory capacity to the Common Council in all matters concerning
properties which are designated as historical sites, structures, and
landmarks within the City.
B.
Members of the Historical Preservation Commission shall be chosen
and appointed with consideration of one or more of the following qualities:
C.
The initial seven-member Commission shall be appointed to serve terms
as follows: positions number one and two, one year; positions number
three and four, two years; position numbers five, six and seven, three
years. As each term expires, a new appointment or reappointment shall
be made by the Common Council for a term of three years. The Historic
Preservation Commission shall furnish recommendations to the Common
Council for consideration for new appointments.
D.
The Historic Preservation Commission shall elect a chairperson to
serve a one-year term. This chairperson may be reelected or a new
chairperson may be elected annually. The Commission shall elect a
Secretary/Treasurer and a Vice President.
E.
The Historic Preservation Commission shall hold regular meetings
four times annually. Additional meetings shall be held as needed to
perform the duties of the Commission. A quorum shall consist of four
members.
F.
The Common Council and Building Inspector shall be fully informed
of the decisions and recommendations of the Historic Preservation
Commission in order to distinguish and expedite actions to promote
and safeguard the City's program of historic preservation.
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, archaeological,
or cultural significance to the City, such as historic structures,
or sites which:
(1)
Exemplify or reflect the broad cultural, political, economic, or
social history of the nature, 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 age; or
(5)
Have yielded, or may be likely to yield, information important to
prehistory or history.
B.
The Commission may adopt specific operating guidelines for historic
structure, and historic site, designation providing such are in conformance
with the provisions of this chapter.
A.
Designation. Upon request of the property owner, the Commission shall have the power, subject to § 23-6, to designate historic structures and historic sites. Once designated, such historic structures, or 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.
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 architectural 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;
(c)
The building or structure is of such architectural or historical
significant that its demolition would be detrimental to the public
interest and contrary to the general welfare of the people of the
City and state;
(d)
The building or structure is of such old and unusual or uncommon
design, texture, and/or material that it could not be reproduced without
great difficulty and/or expense;
(e)
Except as provided herein, in the case of a request for the
demolition of a deteriorated building or structure, any hardship or
difficulty claimed by the owner is self-created or is the result of
any failure to maintain the property in good repair. Upon the request
for a demolition permit for a structure determined to be unfit for
human habitation, occupancy, or use by any authorized public official
or agency, the Commission may defer the granting of approval for a
period of up to six months from the time of such application, during
which time the Commission and the property owner shall undertake serious
and continuing discussions for the purpose of finding a method to
save such property. During such period, the property owner and the
Commission shall cooperate in attempting to avoid demolition of the
property. At the end of this six-month period, if no mutual agreeable
method of saving the subject property bearing a reasonable prospect
of eventual success is underway, or if no formal application for funds
from any governmental unit or nonprofit organization to preserve the
subject property is pending, the Building Inspector may issue the
permit to demolish the subject property without the approval of the
Commission. If such mutually agreeable method for saving the subject
property is not successful or no such funds to preserve the subject
property have been obtained and available for disbursement within
a period of two months following the end of such six-month period,
the Building Inspector may issue the permit to demolish the subject
property without the approval of the Commission.
(3)
In addition, in determining whether to issue a certificate of appropriateness,
the Commission shall consider and may give decisive weight to any
or all of the following standards:
(a)
A property shall 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 shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical record of its
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
(d)
Most properties change over time. Those changes that have significance
in their own right shall be retained and preserved.
(e)
Distinctive features, finishes, and construction technique or
examples of craftsmanship that characterize a property shall be preserved.
(f)
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(h)
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(i)
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall 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 shall
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.
(4)
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 and with the above guidelines,
it shall issue the certificate of appropriateness. Upon the issuance
of such certificate, the building permit shall then be issued by the
Building Inspector. The Commission shall make the decision within
45 days of the filing of the application. Failure of the Commission
to act upon a request for a certificate of appropriateness within
45 days shall result in the issuance of such certificate.
(5)
Agencies of the City and all public utility and transportation companies
undertaking projects affecting historic structures or historic sites
shall be required to obtain a certificate of appropriateness prior
to initiating any changes in the character of street paving, sidewalks,
utility installations, lighting, walls, fences, structures, and buildings
on property, easements, or streets owned or franchised by the City.
(6)
The issuance of a certificate of appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the City. 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. Insofar as they
are applicable to an historic structure or historic site designated
under this chapter, any provision of the plumbing code, electrical
code, or building or housing of the City shall apply unless waived
by the appropriate state or City officials. The Commission may support
or propose such waivers before the appropriate state or City appeals
body.
(7)
Compliance with certificates of appropriateness shall be started
within 12 months after the issuance of the certificate, and the work
shall conform to the provisions of the certificate. The City may inspect
the work during and after construction in order to assure compliance.
Failure to comply with a certificate of appropriateness or failure
to obtain a certificate of appropriateness shall be a violation of
this chapter. In addition to other penalties and remedies, the City
shall issue a stop-work order, and all work shall cease on the designated
property. No additional work shall be undertaken as long as such stop-work
order shall continue in effect.
(8)
Ordinary maintenance and repairs may be undertaken without a certificate
of appropriateness, provided 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 deny a certificate of appropriateness
due to the failure of the proposal to conform to the guidelines, the
applicant may appeal such decision to the Common Council within 30
days. In addition, if the Commission denies 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.
D.
Recognition of historic structures and sites. At such time as an
historic structure or site has been properly designated, the Commission
may cause to be prepared and erected on such property, at City expense,
a suitable plaque declaring that such property is an historic structure
or site. Such plaque shall be so placed as to be easily visible to
passing pedestrians. The plaque shall state the accepted name of the
historic property, the date of its construction, and other information
deemed proper by the Commission.
E.
Other duties. In addition to those duties already specified in this
section, the Commission shall:
(1)
Work for the continuing education of the citizens about the historical
heritage of the City and the historic properties designated under
the provisions of this chapter.
(2)
Cooperate with the State Historic Preservation Officer and the State
Historic Preservation Review Board in attempting to include such properties
hereunder designated as landmarks or landmark sites in the National
Register of Historic Places and the State Register of Historic Places.
(3)
As it deems advisable, receive and solicit funds for the purpose
of in the City. Such funds shall be placed in a special City account
for such purposes.
A.
Designation of historic structures and historic sites.
(1)
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 § 23-4 above. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within 100 feet of the boundaries of the property affected. These owners shall have the right to confer with the Commission prior to final action by the Commission on the designation. Notice of such hearing shall also be published as a Class I notice under the Wisconsin Statutes. The Commission shall also notify the following: Department of Public Works, Parks Department, Fire and Police Departments, Health Department, Building Inspection Department, and Planning Committee. Each such department may respond to the Commission with its comments on the proposed designation or rescission.
(2)
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 after the close of the public
hearing, the Commission may designate the property as either an historic
structure or 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 City Clerk, Building Inspection Department, Planning Committee,
and the City Assessor. The Commission shall cause the designation
or rescission to be recorded, at City 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 Common Council unless such
alteration, removal, or demolition is authorized by formal resolution
of the Common Council as necessary for public health, welfare, or
safety. In no event shall the delay be for more than 180 days.
A.
Every person in charge of an historic structure or historic site
shall maintain same or cause or permit it to be maintained in a condition
consistent with the provisions of this chapter. The Common Council
may appoint the Building Inspector or any other individual or group
of individuals to enforce this chapter. During the period of the certificate,
the duties of the inspection officer may include periodic inspection
at intervals provided by the Common Council of designated historic
structures and historic sites.
B.
Every person in charge of an improvement on an historic site shall
keep in good repair all of the exterior portions of such improvement
and all interior portions thereof which, if not so maintained, may
cause, or tend to cause, the exterior portions of such Improvement
to fall into a state of disrepair, including, but not limited to:
(1)
The deterioration of exterior walls or other vertical supports;
(2)
The deterioration of roofs or other horizontal members;
(3)
The deterioration of external chimneys;
(4)
The deterioration or crumbling of exterior plasters or mortar;
(5)
The ineffective waterproofing of exterior walls, roofs, and foundations,
including broken windows or doors;
(6)
The peeling of paint, rotting, holes, and other forms of decay;
(7)
The deterioration of surrounding environment; e.g., fences, gates,
sidewalks, steps, signs, accessory structures, and landscaping;
(8)
The deterioration of any features so as to create or permit the creation
of any hazardous or unsafe condition or conditions; or
(9)
All interior portions thereof which may cause the exterior to deteriorate
or become damaged or otherwise to fall into a state of disrepair.
C.
The purpose of this section is to prevent the demolition of a building
or structure by neglecting it and permitting damage to it by weather
or vandalism.
D.
The Building Inspector shall give the Commission notice of properties
which, in his/her opinion, are unfit for human habitation, occupancy,
or use prior to issuance of any raze order, under state statutes or
municipal ordinances.
E.
Insofar as they are applicable to an historic structure or historic
site designated under this chapter, any provision of the Plumbing
Code, the Minimum Housing and Property Maintenance Code, Building
Code, Heating, Ventilating and Air Conditioning Code, and outdoor
signs and outdoor advertising structures regulations of the general
ordinances may be varied or waived, on application, by the appropriate
board having such jurisdiction over such chapter or, in the absence
of such board, by the Building Inspector, provided such variance or
waiver does not endanger public health or safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
In any case where the Building Inspector determines that there
are emergency conditions dangerous to life, health, or property affecting
an historic structure or site the City may order the remedying of
these conditions without the approval of the Commission. The City
shall promptly notify the Commission of the action being taken. When
the emergency conditions do not require demolition, the City shall
make every effort to carry out the intent of this chapter and to use
the design guidelines of the Commission when remedying the emergency
conditions.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the remainder of this
chapter and the application of such provision to other persons or
circumstances shall not be affected thereby.
