(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)
BOARD
CERTIFICATE OF APPROPRIATENESS
COMMISSION
HISTORIC DISTRICT
HISTORIC SITE
HISTORIC STRUCTURE
IMPROVEMENT
IMPROVEMENT PARCEL
Definitions. For the purposes of this section the following definitions
shall apply.
Village Board of Trustees of the Village of Suamico.
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.
The Historic Preservation Commission created under this section.
An area designated by the Board 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 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.
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.
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.
(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.
(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.
(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.