This chapter is designed to promote the health, safety and general welfare
of the community and of the state by regulating any place, structure or object
with a special character, historic interest, aesthetic interest or other significant
value for the purpose of preserving the place, structure or object and its
significant characteristics. The intent of this chapter is to create the Town
of Ledgeview Zoning and Site Review/Landmark and Historic Preservation Commission
to designate historic landmarks and establish historic districts and to regulate
all historic landmarks and all property within each historic district to preserve
the historic landmarks and property within the district and the character
of the district. The purpose of this section is to:
A. Effect and accomplish the protection, enhancement and
preservation of such improvements, sites and districts which represent or
reflect elements of the Town of Ledgeview's cultural, social, economic,
political and architectural history.
B. Safeguard the Town of Ledgeview's historic, prehistoric
and cultural heritage, as embodied and reflected in such historic structures,
sites and districts.
C. Stabilize and improve property values and enhance the
visual and aesthetic character of the Town of Ledgeview.
D. Foster civic pride in the beauty and accomplishments
of the past.
E. Protect and enhance the Town's attraction to residents,
tourists and visitors and serve as a support and stimulus to business and
industry.
F. Strengthen the economy of the Town.
G. Promote the use of historic structures, sites and districts
for the education, pleasure and welfare of the people of the Town.
Unless otherwise indicated, the below words, terms or phrases used herein
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 an historic
site or within an historic district; that the Commission has found the requested
action to be appropriate to the general character of the historic site or
historic district; and that the requested action may be taken subject to applicable
building and zoning codes.
COMMISSION
The Town of Ledgeview Zoning and Site Review/Landmark 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 Town Board 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 historic structures along with such other
buildings, places or areas which, while not of such historic significance
to be designated as historic structures, nevertheless contribute to the overall
visual characters of the historic structure or structures located within the
district.
HISTORIC STRUCTURE
Any improvement designated as an historic structure by ordinance
of the Town Board under this chapter which merits rehabilitation, restoration
and preservation because of its significance to the Town by meeting the standards
for designation set forth herein.
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.
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 Town, state or nation and which has been designated as a landmark pursuant
to the provisions herein.
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, 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.
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 an historic structure,
historic site or within an historic district.
The Zoning and Planning/Landmark and Historic Preservation Commission
shall be composed of the members of the Zoning and Site Review Committee.
Commission decisions shall be by majority vote of those Commissioners present
and voting. No action shall be taken by the Commission which directs a private
owner to do or refrain from doing any specific thing or which refuses to permit
a private owner to do some specific thing, unless written notice is given
to such owner and unless such owner shall have the opportunity to be heard
at a public hearing. When the Commission lacks the professional expertise
to accomplish its purpose, the Commission shall obtain the missing expertise
by consulting with appropriate professionals. 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.
These consultants may include an architectural historian, a landscape architect,
urban planner, archaeologist, anthropologist, art historian or closely related
field member. These costs would be applied to the applicant/project.
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.
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.
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 Town Board.
The provisions of Ch. COMM 70, Wis. Adm. Code, are hereby adopted and
incorporated herein by reference.
Any person or persons violating any provision of this subchapter shall be subject to a forfeiture under §
1-16B of the Ledgeview Municipal Code.