It is the purpose of this chapter to:
A. Protect, enhance and perpetuate sites, structures and
districts which represent or reflect elements of the city's, state's
or nation's cultural, social, economic, political or architectural history.
B. Stabilize and improve property values around and in historic
districts.
C. Foster civic pride in the beauty and accomplishments
of the past.
D. Promote historic sites, structures and districts for
the education, pleasure and welfare of the people of the city.
Unless otherwise indicated, the below words, terms or phrases used in
this chapter shall have the following meanings:
ALTERATION
Any act or process which changes one or more of the exterior features
of a structure, including but not limited to the erection, construction, reconstruction
or moving of any improvement.
CERTIFICATE OF APPROPRIATENESS
A statement verifying that the Commission has reviewed an application
to allow the alteration or demolition of any improvement upon a landmark site
or within an historic district; that the Commission has found the requested
action to be appropriate to the general character of the landmark site or
historic district; and that the requested action may be taken subject to applicable
building and zoning codes.
COMMISSION
The Landmarks and Historic Preservation Commission.
DEMOLITION
Any act or process which destroys in part or in whole an improvement.
HISTORIC DISTRICT
A place or area designated as an historic district by ordinance of
the City Council under this chapter. In order to be designated, the following
requirements shall be met: The historic district may contain, within definable
geographic boundaries, one or more landmarks along with such other buildings,
places or areas which, while not of such historic significance to be designated
as landmarks, nevertheless contribute to the overall visual characters of
the landmark or landmarks located within the District.
HISTORIC STRUCTURE
Any structure or building designated as a landmark or located in
an historic district.
IMPROVEMENT
Any building, structure, wall, fence, steps, paving, gate, sign,
light, general arrangement of place or area, the kind, texture or quality
of building material, landscaping or landscape architecture or work of art
which may be erected upon or proposed to be erected upon any specific real
estate.
LANDMARK
Any improvement designated as a landmark by ordinance of the City
Council under this chapter which merits rehabilitation, restoration and preservation
because of its significance to the city by meeting the standards for designation
set forth in this chapter.
LANDMARK SITE
A parcel of land or part thereof which has historic or prehistoric
significance, such as an event or place in the history of the community.
PRESERVATION RESTRICTION
A right, whether or not stated in the form of a restriction, easement,
covenant or condition in any deed, will or other instrument executed by or
on behalf of the owner of the land or in any order of taking, appropriate
to the preservation of areas, places, buildings or structures to forbid or
limit acts of demolition, alteration, use or other acts detrimental to the
preservation of the buildings, places or areas designated as a landmark or
within an historic district.
The Landmark and Historic Preservation Commission is hereby created. Commission members shall be subject to the provisions of Chapter
36, Code of Ethics.
The Landmark and Historic Preservation Commission shall have and exercise
the following powers, duties and responsibilities:
A. Recommend to the City Council that the city accept such
gifts, grants and money as may be appropriate for the purposes of this chapter.
B. Conduct a survey of city buildings, places or areas for
the purpose of identifying those of historic, architectural and cultural significance
and prepare an inventory of those buildings, places or areas identified.
C. Recommend that the City Council designate by ordinance
certain places and areas as landmark sites or historic districts.
D. Determine an appropriate system of markers for designated
landmarks or historic districts.
E. Prepare and publish maps and other descriptive material
about the city's landmarks and historic districts.
F. Cooperate with and enlist the assistance of persons,
organizations, corporations, foundations, public agencies, City Historical
Society and the State Historic Preservation Officer in matters involving historic
preservation, renovation, rehabilitation and reuse.
G. Advise owners of landmarks or historic structures on
physical and financial aspects of preservation, renovation, rehabilitation
and reuse.
H. Review and make decisions on applications for certificates
of appropriateness and require the presentation of such plans, drawings, elevations
and other information as may be necessary to make decisions.
I. Make recommendations to the City Council about the acquisition
of conservation easements.
J. Evaluate and comment on decisions by the Architectural
Review Board, Board of Public Works, Board of Zoning and Building Appeals
and the Plan Commission affecting sites, structures or areas of historic significance.
K. Seek and maintain certification of this chapter by the
state and federal governments under 36 CFR 67; 16 USC 470a(c); § 44.44,
Wis. Stats.; and the Wisconsin Administrative Code so that property owners
are eligible for federal income tax credits for rehabilitation expenses, property
owners are eligible to use the State Historic Building Code, the city can
participate in decision making for inclusion in the State and Federal Registers
of Historic Places and the Certified Landmark Program and so that the city
can be eligible to apply for grants.
L. Promulgate standards for architectural and site review
for certificates of appropriateness.
A structure, site or district may be designated for preservation as
a landmark or historic district if it:
A. Historic, cultural importance.
(1) Has significant character, interest or value as part
of the community's development or heritage;
(2) Is the site of an historic event with a significant effect
upon society; or
(3) Exemplifies the cultural, political, economic, social
or historic heritage of the community.
B. Architectural, engineering importance.
(1) Portrays the environment in an era of history characterized
by a distinctive architectural style;
(2) Embodies distinguishing characteristics of an architectural
type or engineering specimen;
(3) Is the type of a designer whose individual work has significantly
influenced the community's development; or
(4) Contains elements of design, detail, materials or craftsmanship
which represents a significant innovation.
C. Geographic importance.
(1) By being part of or related to a square, park or other
distinctive area, should be developed or preserved according to a plan based
on an historic, cultural or architectural character; or
(2) Owing to its unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood
or community.
D. Archaeological importance. Has yielded or may be likely
to yield information important in prehistory or history.
Nothing in this chapter shall prevent the ordinary maintenance or repair
of any exterior architectural feature in the historic district or landmark
which does not involve a change in design, material, color or outward appearance;
prevent any alteration or demolition which the Building Inspector shall certify
is required by public safety because of an unsafe or dangerous condition;
nor prevent any alteration or demolition under a permit issued by the Building
Inspector prior to the date of petitioning for the creation of an historic
district or prior to the date of designation of a landmark.
When neither a building or demolition permit is required, if a proposed
alteration or demolition constitutes a material change in the exterior appearance
of a landmark or of property within an historic district, then a certificate
of appropriateness shall be required. Failure to receive a certificate prior
to effecting such material change shall constitute a violation of this chapter.
Whenever an application for a Zoning Map amendment, variation or special
use permit, including a modification or renewal, is submitted to the city
for property within a designated historic district or which is a landmark,
a notice of any public hearing to be held on the application by the Plan Commission
or Board of Zoning and Building Appeals shall be sent to the Historic Preservation
Commission. Such notice shall be the same as that sent to owners of property
for which the application was filed. The Historic Preservation Commission
may submit its comments to the Plan Commission or Board of Zoning and Building
Appeals, which shall consider such comments, decisions or recommendation on
the application. However, nothing contained in this chapter shall supersede
or invalidate other ordinances of zoning controls.
No person who owns a structure or site proposed to be designated or designated as a landmark or within an historic district shall personally or by another alter, demolish or construct a structure or site without complying with this chapter. All persons who violate this chapter shall be required to restore the structure or site to its condition prior to the violation and, in addition, be subject to the penalties contained in Chapter
1, General Provisions, §
1-19.