[HISTORY: Adopted by the Common Council of the City of Rice Lake 11-28-1995
by Ord. No. 810 (Title 13, Chapter 5 of the Code of Ordinances).
Amendments noted where applicable.]
A.
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.
B.
The purpose of this chapter is to:
(1)
Effect and accomplish the protection, enhancement and
preservation of such improvements, sites and districts which represent or
reflect elements of the city's cultural, social, economic, political
and architectural history.
(2)
Safeguard the city's historic, prehistoric and cultural
heritage, as embodied and reflected in such historic structures, sites and
districts.
(3)
Stabilize and improve property values and enhance the
visual and aesthetic character of the city.
(4)
Protect and enhance the city's attractions to residents,
tourists and visitors.
As used in this chapter, the following terms shall have the meanings
indicated:
The certificate issued by the Plan Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of an historic
structure, historic site or any improvement in an historic district.
The Plan Commission as created by W.S.A. s. 62.23.
An area designated by the Common Council on recommendation of the
Plan 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 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, excluding ordinary maintenance as defined in § 139-5B(5).
The Plan Commission's composition shall be as provided by W.S.A.
s. 62.23(1)(a), (b) and (c). The Plan Commission will have original jurisdiction
over all matters concerning historic preservation within the City of Rice
Lake.
A.
For purposes of this chapter, an 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 city, such as historic structures, sites or
districts which:
(1)
Exemplify or reflect the broad cultural, political, economic
or social history of the nation, state or community;
(2)
Are identified with historic personages or with important
events in national, state or local history;
(3)
Embody the distinguishing characteristics of an architectural
type or specimen inherently valuable for a study of a period, style or 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 a certain period of time in history;
or
(5)
Have yielded, or may be likely to yield, information
important to prehistory or history.
B.
The Plan Commission shall consider each application on
its merits, provided that such is in conformance with the provisions of this
chapter. Each application made to designate an historic structure, historic
site or historic district shall be by nomination by a property owner(s), by
an organization having interest in such designation or by the Plan Commission
when such nomination is in the public's best interest.
A.
Designation. The Plan Commission shall have the power, subject to §§ 139-6 and 139-7, to designate historic structures and historic sites and to recommend designation of historic districts within the city limits. Such designations shall be made based on §§ 139-6 and 139-7. Historic districts shall be approved by the Common Council. Once designated, such historic structures, sites and districts 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,
historic site or structure within an 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 or demolish such property
unless a certificate of appropriateness has been granted by the Plan Commission.
Also, unless such certificate has been granted by the Plan Commission, the
Inspection Department shall not issue a permit for any such work.
(2)
Upon filing of any application for a certificate of appropriateness
with the Plan Commission, said body 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 or within an historic district, the exterior of such
improvement would adversely affect or not harmonize with the external appearance
of other neighboring improvements on such site or within the district.
(c)
In the case of any property located in an historic district,
the proposed construction, reconstruction, exterior alteration or demolition
does not conform to the purpose and intent of this chapter and to the objectives
or 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 or alteration would be detrimental
to the public interest and contrary to the general welfare of the people of
the city and state.
(3)
If the Plan 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. The Plan Commission shall make this decision 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 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.
(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 Plan 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 Common Council within 30 days.
A.
The Plan 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 § 139-4 above. At least 10 days prior to such hearing, the Plan 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 200 feet of the boundaries of the property affected.
B.
The Plan 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 Plan Commission may conduct an independent investigation into the proposed
designation or rescission. Within 10 days after the close of the public hearing,
the Plan 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 City Clerk-Treasurer, Inspection Department
and the City Assessor. The Plan Commission shall cause the designation or
rescission to be recorded, at city expense, in the Barron County Register
of Deeds office.
A.
For preservation purposes, the Plan Commission shall consider the nomination by various parties so described in § 139-4B of various geographically defined areas within the city to be designated as historic districts and shall have prepared an historic preservation plan for each area. An historic district may be designated for any geographic area of a particular historic, architectural or cultural significance to the city, after application of the criteria in § 139-4 above. Each historic preservation plan prepared for the Plan 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. The costs for creation of such an historic preservation plan shall be borne by the party nominating a specifically defined geographic area as an historic district.
B.
Review and adoption procedure.
(1)
The Plan Commission shall hold a public hearing when
considering the plan for an historic district. Notice of the time, place and
purpose of the public hearing shall be sent by the Plan Commission Secretary
to the owners of record, as listed in the office of the City Assessor, who
are owners of property within the proposed historic district or are situated
in whole or in part within 200 feet of the boundaries of the proposed historic
district. Said notice is to be sent at least 10 days prior to the date of
the public hearing. Following the public hearing, the Plan Commission shall
vote to recommend, reject or withhold action on the plan.
(2)
The Common Council, upon receipt of the recommendation(s) from the Plan Commission, shall hold a public hearing, with notice to be given as noted in Subsection B(1) 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 prepared for that district and direct the implementation of said plan.
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
violation shall be issued by the Inspection Department.
