Village of Suamico, WI Subchapter IV Historical Preservation

§ 16.40 Historical Preservation.

(1) Purpose and Intent. 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, archaeological 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 section is as follows.

(a) Protect, Enhance, and Preserve History. 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 Heritage. Safeguard the Village's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

(c) Foster Civic Pride. Stabilize and improve property values, and enhance the visual and aesthetic character of the Village.

(d) Protect Attractions. Protect and enhance the Village's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

(e) Stabilize Property Values. Stabilize and improve property values.

(f) Improve Character. Improve and enhance the visual and aesthetic character of the Village.

(g) Educate the Public. Educate the public regarding the need and desirability of a Village historic preservation program and its enhancement of the quality of life.

(2) Definitions. For the purposes of this section the following definitions shall apply.

BOARD

Village Board of Trustees of the Village of Suamico.

CERTIFICATE OF APPROPRIATENESS

The certificate issued by the Commission approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.

COMMISSION

The Historic Preservation Commission created under this section.

HISTORIC DISTRICT

An area designated by the Board on recommendation of the Commission that contains two or more historic improvements or sites.

HISTORIC SITE

Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, 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.

HISTORIC STRUCTURE

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 a historic structure pursuant to the provisions of this chapter.

IMPROVEMENT

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.

IMPROVEMENT PARCEL

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.

(3) Historic Preservation Commission Composition. A Historic Preservation Commission is hereby created pursuant to Code Section 2.07(4)(e).

(4) Historic Structure, Historic Site, and Historic District Designation Criteria. The Commission may adopt specific operating guidelines for historic structure, historic site, and historic district designation providing such are in conformance with the provisions of this ordinance. For purposes of this ordinance, a historic structure, historic site, or historic district 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 Village such as historic structures, sites, or districts which meet the following criteria.

(a) Exemplify History. Structures, sites, or districts which exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community.

(b) Identified with Historic Personages or Events. Structures, sites, or districts which are identified with historic personages or with important events in national, state or local history.

(c) Embody Distinguishing Architectural Characteristics. Structures, sites, or districts which 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.

(d) Representative of Notable Work. Structures, sites, or districts are representative of the notable work of a master builder, designer or architect who influenced his or her age.

(e) Yield Important Information. Structures, sites, or districts which have yielded, or may be likely to yield, information important to prehistory or history.

(5) Powers and Duties. Authority and activities of the Commission shall be advisory to the Board. The basic function of the Commission shall be the development of public support and the location and identification of historic sites, historic structures, and historic districts. The duties of the Commission shall be as follows.

(a) Designation. Upon request of the property owner, the Commission shall have the power, subject to Section 16.40(6), below, to designate historic structures and historic sites and to recommend designation of historic districts within the Village limits. Such designations shall be made based on Section 16.40(4) above. Historic districts shall be approved by the Board. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this ordinance.

(b) Regulation of Construction, Reconstruction, Alteration, and Demolition.

1. No owner or person in charge of a historic structure, historic site or structure within a historic district 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 (C of A) 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 a historic site, or within a historic district the exterior of such improvement would adversely affect or not harmonize with the external appearance other neighboring improvements on such site or within the district;

c. In the case of any property located in a historic district, the proposed construction, reconstruction exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district;

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. 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;

f. Except as provided herein, 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 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 unauthorized 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 mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is under way, or if no formal application for funds from and 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 of 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 time, 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 acquired historic significance in their own right shall be retained and preserved.

e. Distinctive features, finishes, and construction techniques 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 archeological 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 or district, it shall issue the Certificate of Appropriateness. The Commission shall make this decision within 45 days of the filing of the application. Failure of the Commission to act upon a requestor a Certificate of Appropriateness within 45 days shall result in the issuance of such certificate.

5. Agencies of the Village and all public utility and transportation companies undertaking projects affecting historic structures, historic sites, or historic districts 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 Village.

6. The issuance of a Certificate of Appropriateness shall not relieve the applicant from the requirement of obtaining other permits and approvals required by the Village, or any other governing agencies. 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 a historic structure, historic site, or improvement in a historic district designated under this section, any provision of the plumbing code, electrical code, or building or housing of the Village shall apply unless waived by the appropriate state or Village officials. The Commission may support or propose such waivers before the appropriate state or Village 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 Village 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 section. In addition to other penalties and remedies, the Village 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 that the work involves repairs to existing features of a 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 within 30 days. The Board will hear and decide all appeals within 45 days of receiving the written notice of appeal. 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 ordinance.

(d) Recognition of Historic Structures, Sites, and Districts. At such time as a historic structure, site or district has been properly designated, the Commission, in cooperation with the property owner, may cause to be prepared and erected on such property at Village expense, a suitable plaque declaring that such property is a historic structure, site or district. 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 Village 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, or historic districts 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 historic preservation in the Village. Such funds shall be placed in a special Village account for such purpose.

4. Conduct studies and surveys of neighborhoods, areas, places, structures, and improvements within the Village for the purpose of determining those of a distinctive character or special historic, aesthetic, architectural, or cultural interest or value, and of compiling appropriate descriptions, facts, and lists.

5. Cooperate with and enlist assistance from the National Trust for Historic Preservation, the State Historical Society, and other agencies, groups, or individuals active in the field of historic and cultural preservation.

6. Work on a voluntary basis with the owners of historic sites and structures advising them on the benefits, problems, and techniques of preservation and encouraging their participation in preservation activities.

7. Recommend to the Village Board names attributed to Suamico's history that may be used in the naming of new public developments, and roads included as part of new public developments.

(6) Procedures.

(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 Section 16.40 (4) above. At least seven days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the Assessor, who are owners of property in whole or in part situated within 500 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 1 Notice under the Wisconsin state statues. The Commission shall also notify the following: Department of Public Works, Fire Department, Police Department, Building Inspection Department, and Planning Commission. Each 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 a historic structure, or a 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 Clerk, Building Inspection Department, Planning Commission, and the Village Assessor. The Commission shall cause the designation or rescission to be recorded, at Village expense, in the County Register of Deeds office.

3. Appeal. Any designation or recommendation of the Commission with respect to historic structures and historic sites may be appealed to the Board within 30 days of any final action of the Commission. The Board shall hear and decide all appeals no later than 45 days from the date that the Board receives written notice of appeal.

(b) Designation of Historic District.

1. For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the Village to be designated as historic districts and shall, with the assistance of the Village Community Development Department, prepare a historic preservation plan in ordinance form for each area. A historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the Village, which:

a. Exemplifies or reflects the broad cultural, political, economic, or social history of the nation, state, or community;

b. Is identified with historic personages or with important events in national, state, or local history;

c. Embodies the distinguishing characteristics of architectural types of specimens inherently valuable for the study of a period or periods, styles, methods, or construction, or of indigenous materials or craftsmanship;

d. Is representative of the notable works of master builders, designers, or architects who influenced the age; or

e. Has yielded, or may be likely to yield, information to history or prehistory.

2. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.

3. Guideline criteria to be considered in the development of historic district plans are as follows:

a. Regulation of construction, reconstruction, alteration, and demolition shall conform to the criteria and standards in Subsection 16.40 (5) (b) 1-3.

b. All new structures shall be constructed to a height visually compatible with the building and environment with which they are visually related.

c. The gross volume of any new structure shall be visually compatible with the buildings and environment with which it is visually related.

d. In the street elevation of a building, the proportion between the width and height in the facade should be visually compatible with the building and environment with which it is visually related.

e. The proportions and relationships between doors and windows in the street facade should be visually compatible with the buildings and environment with which it is visually related.

f. The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which they are visually related.

g. The existing rhythm created by existing building masses and spaces between them should be preserved.

h. The materials used in the final facade should be visually compatible with the buildings and environment with which they are visually related.

i. The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related.

j. Colors and patterns used on the facade (especially trim) should be visually compatible with the buildings and environment with which they are visually related.

k. The design of the roof should be visually compatible with the buildings and environment with which it is visually related.

l. The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related.

m. The street facade should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.

n. Architectural elements should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.

4. Review and Adoption Procedure.

a. The Historic Preservation Commission shall hold a public hearing when considering the plan for a historic district. Notice of the time, place and purpose of the public hearing shall be given by publication as a Class 1 Notice under the Wisconsin statutes. Notice of the time, place, and purpose of the public hearing shall also be sent by the Clerk to the owners of record, as listed in the office of the Village Assessor, who are owners of the property within the proposed historic district or are situated in whole or in part within 500 feet of the boundaries of the proposed historic district. Said notice is to be sent at least seven days prior to the date of the public hearing. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan. This recommendation shall be forwarded to the Planning and Zoning Commission and then the Board.

b. The Planning Commission shall review the historic district plan and make a recommendation to the Board. The Planning Commission shall make its recommendation on the historic district plan within 45 days.

c. The Board upon receipt of the recommendation from the Historic Preservation Commission and Planning Commission shall hold a public hearing, notice to be given as noted in Subparagraph a. above and shall following the public hearing either designate or reject the historic district designation of the historic district shall constitute adoption of the plan in ordinance form prepared for that district and direct implementation of said plan.

d. Appeal to Board of Appeals. All determinations of the Board pursuant to the designation of a historic district are subject to appeal to the Board of Appeals pursuant to Section 16.40 (3) of the Village of Suamico Municipal Code.

(7) Interim Control. No building permit shall be issued by the building inspector for alteration, construction, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which a nomination form is first presented until the final disposition of nomination by the Historic Preservation Commission or the Board unless such alteration, removal or demolition authorized by formal resolution of the Board as necessary for public health, welfare or safety. In no event shall delay be for more than 180 days.

(8) Conformance with Regulations.

(a) Every person in charge of a historic structure, historic site, or improvement in a historic district shall maintain same or cause or permit it to be maintained in a condition consistent with the provisions of this ordinance. 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, historic sites, and historic districts.

(b) Every person in charge of an improvement on a historic site or in a historic district 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 or her opinion, are unfit for human habitation, occupancy, or use prior to issuance of any raze orders under state statutes or municipal ordinances.

(e) Insofar as they are applicable to a historic structure, historic site, or improvement in a historic district designated under this section, any provision of the Universal Dwelling Code and Suamico Building 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 Zoning Administrator, provided such variance or waiver does not endanger public health or safety.

(9) Emergency Conditions. In any case where the building inspector determines that there are emergency conditions dangerous to life, health, or property affecting a historic structure, site, or a property in a historic district, the Village may order the remedying of these conditions without the approval of the Commission. The Village shall promptly notify the Commission of the action being taken. When the emergency conditions do not require demolition, the Village 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.

§ 16.99 Penalty, Severability, and Enforcement.

(1) Penalty. Any person who violates, or knowingly allows or permits any violation of, any provision of this ordinance, shall be subject to a forfeiture of not less than $25 and not more than $2,500 per violation. Failure or refusal to pay forfeiture may result in imprisonment for a period of not more than 90 days for each offense. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.

(2) Severability. If a court of competent jurisdiction deems any provision of this ordinance invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions of the same. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the court's decision, portions remaining in the ordinance shall retain the full force and effect thereof.

(3) Enforcement. Enforcement of this chapter shall be the responsibility of the Board or its designee, and/or Police Department.