It is hereby declared a matter of public policy
that the protection, enhancement, perpetuation and use of improvements
of special character or special historical interest is a public benefit
and is advisable in the interest of health, prosperity, safety and
welfare of the people. The purpose of this chapter is to:
A. Effect and accomplish the protection, enhancement
and perpetuation of such improvements and of districts which represent
or reflect elements of the City's cultural, social, economic, political
and architectural history.
B. Safeguard the City's historic and cultural heritage
as embodied and reflected in such landmarks and historic districts.
C. Stabilize and improve property values.
D. Foster civic pride in the beauty and noble accomplishments
of the past.
E. Protect and enhance the City's attraction to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
F. Strengthen the economy of the City.
G. Promote the use of historic districts and landmarks
for the education, pleasure and welfare of the people of the City.
In this chapter, unless the context clearly
requires otherwise, the following terms shall have the meanings indicated:
COMMISSION
The Landmarks Commission created under this chapter.
[Amended 6-19-2001 by Ord. No. 2142]
HISTORIC DISTRICT
An area designated by the Commission which contains one or
more landmarks or landmark sites, as well as those abutting improvements
and parcels which the Commission determines should fall under the
provisions of this chapter to assure that their appearance and development
is harmonious with such landmarks or landmark sites.
IMPROVEMENT
Any building, structure, place, work of art or other object
constituting a physical betterment of real property or any part of
such betterment.
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. However, the term "improvement parcel" shall also include
any unimproved area of land which is treated as a single entity for
such tax purposes.
INFORMATIONAL LANDMARK REGISTRATION
Any improvement or unit of property for which the City wishes
to acknowledge its historical, cultural or architectural significance
through registration with the Landmark Commission but which the City
does not wish to designate as a landmark or landmark site under this
chapter.
[Added 1-27-2004 by Ord. No. 2220]
LANDMARK
Any improvement which has a special character of 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 a landmark pursuant to the provisions of this chapter.
LANDMARK SITE
Any parcel of land of historic significance due to a substantial
value in tracing the history of aboriginal man or upon which an historic
event has occurred and which has been designated as a landmark site
under this chapter, or an improvement parcel or part thereof on which
is situated a landmark and any abutting improvement parcel or part
thereof used as and constituting part of the premises on which the
landmark is situated.
The Commission shall be composed of nine members
who are residents of the City. Such persons shall be competent and
informed in the historical, architectural and cultural traditions
of the community. Eight members shall be appointed by the Mayor, subject
to confirmation by the Common Council. The ninth Commissioner shall
be appointed by the Common Council President, and shall be a member
of the Common Council. Two of the initial members shall be appointed
for a term of one year, two for two years and three for three years
and subsequently members shall be appointed for terms of three years
as terms expire, except the Common Council member shall be for one
year. Members of the Commission shall be appointed for succeeding
terms. A vacancy occurring in the membership for any cause shall be
filled by a person appointed by the appointing authority and confirmed
by the Common Council for the unexpired term. The members of such
Commission shall receive no compensation except for necessary expenses
sustained in carrying out their duties, which expenses shall be paid
by the City as may be authorized by the Common Council. The Commission
may appoint up to four nonvoting consultants familiar with matters
of historical significance, whose qualifications to serve as consultants
shall be determined by the Commission.
[Amended 6-22-2004 by Ord. No. 2238; 11-10-2015 by Ord. No. 2555; 12-13-2016 by Ord. No. 2582; 8-6-2020 by Ord. No. 2638]
A. Designation of landmarks, landmark sites and historic districts and informational landmark registrations. The Commission may establish landmarks, landmark sites and informational landmark registrations after notice and a public hearing thereon and after application of the criteria in §
141-4 and, with respect to informational landmark registrations, as provided in §
141-5. At least 10 days' notice of such hearing shall be given by first-class mail to the owners of the premises as well as the owners of all lands located within 200 feet of the boundaries of the property affected. Such notice shall include the time and place of the public hearing as well as the place, structure or object to be designated as an historic landmark, informational landmark or historic district. Notice of the hearing shall be published as a Class 1 legal notice pursuant to Chapter 985 of the Wisconsin Statutes, and the Commission shall also notify the Common Council, Parks, Buildings and Grounds Commission, the Board of Public Works and the Department of Community Development and/or the Plan Commission of the hearing. Each such board or officer shall respond to the Commission by filing its or his comments on the proposed designation or registration. The Commission shall conduct such public hearing. In addition, the notified persons and board may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary or advisable. The Commission shall likewise conduct an independent investigation into the proposed designation or registration. At any time after the closing of the public hearing, the Commission may designate the site or property as either a landmark or a landmark site, or include it in the historic district or may register the property as an Informational Landmark Registration. After such designation or registration has been made by the Landmark Commission, notification thereof shall be sent to the property owner(s). Notification shall also be given to the City Clerk, Common Council, Department of Community Development and/or the Plan Commission and City Assessor. The Commission shall cause such designation in the Office of the Register of Deeds of Waukesha County and, in the case of a registration, shall keep that registration on the list for that purpose in the Clerk's office. Any owner of property that is affected by the designation of a historic landmark, informational landmark or an historic district may appeal said decision to the Common Council. The Common Council may overturn a decision of the Landmark Commission by a simple majority vote of the Common Council.
B. Amendment. A property owner or the City may seek an amendment of
the designation of a property as a landmark site or its inclusion
in an historic district and may also seek to amend an informational
landmark registration. Consideration of an amendment to the landmark
designation or informational landmark registration shall be commenced
by written request filed with the Landmarks Commission stating the
specific amendment sought, the basis for the amendment and specifically,
whether the amendment meets the criteria for the designation of a
landmark/landmark site or improvement within an historic district
or informational landmark registration. The notice and public hearing
requirements for the establishment of a landmark shall be followed
with respect to consideration of the amendment. Following any public
hearing, the Landmarks Commission shall make a determination on the
application for amendment of the designation of a landmark/landmark
site or improvement in an historic district. If any person is aggrieved
by decision of the Landmarks Commission with respect to an informational
landmark registration, they may appeal that decision to the Common
Council.
C. Voluntary restrictive covenants. The owner of any landmark or landmark
site may at any time following such designation of this property enter
into a restrictive covenant on the subject party after negotiating
such covenant in the interest of preserving the landmark or landmark
site and shall record such covenant in the office of the Waukesha
County Register of Deeds and also shall notify the City Assessor of
such covenant and the conditions thereof.
[Amended 12-13-2016 by Ord. No. 2582]
Every person in charge of any landmark, landmark site or improvement
in an historic district shall maintain the same, or cause or permit
to be maintained in a condition consistent with the provisions of
this chapter, including, but not limited to, the maintenance of the
architectural style of the structure, as well as the materials used
within said structure. Notwithstanding the foregoing, limited and
sensitive upgrading of mechanical, electrical and plumbing systems,
and other work required by the applicable building codes, to make
the property functional, is permitted. Material or structural modifications
to the structure shall require the approval of the City of New Berlin
Landmarks Commission. Maintenance consistent with the structural features
of the structure may be performed without approval.
Every person in charge of an improvement on
a landmark site or in an 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 improvements to deteriorate, decay
or become damaged or otherwise fall into a state of disrepair. This
provision shall be in addition to all other provisions of law requiring
such improvement to be kept in good repair.
Nothing contained in this chapter at all shall
prohibit the making of necessary construction, reconstruction, alteration
or demolition of any improvement on a landmark site or in an historic
district pursuant to order of any government agency or pursuant to
any court judgment for the purpose of remedying conditions determined
to be dangerous to life, health or property. In such case, no approval
from the Commission shall be required.
Any damaged structure which has been designated
as a landmark pursuant hereto may be restored in its present location
upon recommendation by the Commission and approval by the City Council.
The provisions of Ch. ILHR 70, Wis. Adm. Code,
are hereby adopted and incorporated herein by reference.
Except as otherwise provided, any person who shall violate any provision of this chapter, or any rule, regulation or order made hereunder, upon conviction of same shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18 of this Code.