[HISTORY: Adopted by the Town Board of the Town of Ledgeview 2-18-2004
by Ord. No. 2004-003. Amendments noted where applicable.]
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:
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.
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.
The Town of Ledgeview Zoning and Site Review/Landmark and Historic
Preservation Commission.
Any act or process which destroys, in part or in whole, an improvement.
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.
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.
Any building, structure, place, work of art or other object constituting
a physical betterment of real property or any part of such betterment.
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.
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.
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.
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.
Designation. The Commission shall have the power to designate
landmarks, landmark sites and historic districts within the Town limits. Such
designations shall be made based upon the criteria established herein. Designation
as a landmark, landmark site or historic district shall not become final until
approved by the Town Board. Once designated by the Commission and approved
by the Town Board, such landmarks, landmark sites and historic districts shall
be subject to all the provisions of this chapter.
B.
Regulation of construction and alteration.
(1)
Any application for a permit from the Building Inspector
involving a designated landmark, landmark site or improvement in an historic
district shall be filed at the same time with the Commission.
(2)
No owner or person in charge of a landmark, landmark
site or improvement in an historic district shall alter or reconstruct all
or any part of the exterior of such property, construct any improvement upon
any such designated property or cause or permit any such work to be performed
upon such property unless the written approval of the Commission has been
granted. Unless such approval has been granted by the Commission or Town Board,
the Building Inspector shall not issue any permit for any such work.
(3)
Upon the filing of an application with the Commission,
the Commission shall determine:
(a)
Whether, in the case of a landmark, the proposed work
would change, destroy or affect any exterior architectural feature of the
improvement upon which such work is to be done.
(b)
Whether, in the case of construction of a new improvement,
the exterior of such improvement would affect or not harmonize with the external
appearance of other neighboring improvements on such site or in such district.
(4)
If the Commission determines that both Subsections B(3)(a) and (b) are not applicable, it shall approve the permit; otherwise, it shall deny the request for approval. Nothing contained herein shall be deemed to prevent the appeal of any denial hereunder to the Board of Appeals after the Landmark and Historical Commission has denied an application.
(5)
If the Commission denies the request for approval, the
Commission and the applicant shall cooperate and work together to find a suitable
method of completing the proposed work.
C.
Regulation of demolition. No permit to demolish all or
part of a landmark or improvement in an historic district shall be granted
by the Building Inspector, except as follows:
(1)
No person in charge of a landmark or improvement in an
historic district shall be granted a permit to demolish such property without
written approval of the Commission.
(2)
At such time as such person applies for a permit to demolish
such property, such application shall contemporaneously be filed with the
Commission. The Commission shall make its decision respecting demolition.
Nothing contained herein shall be deemed to prevent the appeal of a denial
by the Commission to the Board of Appeals.
(3)
If the application is denied, the Commission and the
applicant shall undertake serious and continuing discussions for the purpose
of finding a method to save such property. The applicant and Commission shall
cooperate in attempting to avoid demolition of the property. At the end of120
days, the Commission shall have five days in which to appeal the issue of
the demolition of such property to the Board of Appeals. If the Commission
files an appeal, the Board of Appeals shall determine whether the denial of
a demolition permit shall be made permanent. If the Board of Appeals denies
the appeal of the Commission, the Building Inspector shall issue the permit
to demolish the subject property without the approval of the Commission, provided
all other codes and regulations are met.
D.
Recognition of landmarks and landmark sites. At such
time as a landmark or landmark site has been properly designated, the Commission
shall cause to be prepared and erected on such property at Town expense, provided
funds have been authorized by the Town Board, a suitable plaque declaring
that such property is a landmark or landmark site. Such plaque shall be so
placed as to be easily visible to passing pedestrians. In the case of a landmark,
the plaque shall state the accepted name of the landmark, the date of its
construction and other information deemed proper by the Commission. In the
case of a landmark site which is not the site of a landmark building, such
plaque shall state the common name of the site and such other information
deemed appropriate by the Commission.
E.
Other duties. In addition to those duties already specified
in this chapter, the Commission shall:
(1)
Seek and maintain certification of this chapter by the
state and federal governments under 36 CFR 67; 16 U.S.C. § 470a(c);
W.S.A. s. 44.44; 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 Town 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 Town
can be eligible to apply for grants.
(2)
Work closely with the state liaison officer and the Governor's
liaison committee for the National Register of Historic Places of the United
States National Park Service in attempting to include such properties hereunder
designated as landmarks or landmark sites on the Federal Register.
(3)
Work for the continuing education of the citizens of
the Town about the historic heritage of this Town and the landmarks and landmark
sites designated under the provisions of this chapter.
A structure, site or district may be designated for preservation as
a landmark or historic district if it:
A.
Historic, cultural importance:
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.
A.
Landmark application. Any person or association may request
by application to the Commission that a structure or site be designated as
a landmark. The application shall contain such information, plans and photos
as requested by the Commission. Whenever possible, the Commission shall secure
the written consent of the owner or owners before proceeding to secure designation.
B.
Notice. The Commission shall schedule a public hearing
on the question of the proposed designation, setting a date, time and place
and causing written notice to be given to the person listed as taxpayer in
the Assessor's office. The date, time, place and subject of the schedule
hearing shall also be published as a Class 1 notice.
C.
Public comment. At the public hearing, the Commission
shall afford all persons the opportunity to present their views orally and
in writing pertinent to the proposed designation. The Commission may make
reasonable rules limiting the length of public comment and curtailing nonmaterial
comments.
D.
Designation.
(1)
The Commission shall review all information presented
to it pertinent to designation and shall present a written report containing
its findings and conclusions whether the proposal meets the criteria set forth
in this chapter. A copy of the report shall be sent to every person making
a written request for a report and to the Town Board.
(2)
If the Commission recommends designation, the Chairperson
shall send a letter from the Commission requesting designation to the Town
Board. Upon designation by ordinance of the Town Board, such structure, place
or area shall be a landmark afforded the protection of this chapter as administered
by the Commission.
E.
Landmark status recorded. A certified copy of the ordinance
designating the structure or site as a landmark shall be recorded in the office
of the Register of Deeds.
A.
Application. Any person or association may petition the
Commission requesting that a defined geographic area be designated as an historic
district. The geographic area shall be definable by natural or existing improved
boundaries and shall constitute a visual sense of history within the boundaries.
The petition shall be accompanied by an application containing such information,
plans and photos as requested by the Commission. The Commission may itself
initiate the designation for a defined geographic area as an historic district.
B.
Public hearing.
(1)
The Commission shall cause written notice to be given
to all those listed by the Assessor as property owners within the proposed
district and shall publish a Class 2 notice of the time, date, place and subject
of the public hearing.
(2)
At the public hearing the Commission shall view and hear
all information presented to it pertaining to whether the proposed designation
is appropriate. The Commission shall afford all persons the opportunity to
present their views orally and in writing pertinent to the proposed designation.
The Commission may make reasonable rules regulating the length and materiality
of comments.
C.
Designation.
(1)
The Commission shall review information presented to
it pertinent to designation and shall present a written report containing
its findings and conclusions whether the proposal meets the criteria in this
chapter. A copy of the report shall be sent to every person making a written
request for it and to the Town Board.
(2)
If the Commission recommends designation, the Chairperson
shall send a letter from the Commission requesting designation to the Town
Board. The matter of designation shall be presented to the Town Board for
decision. Upon designation by ordinance of the Town Board, such geographic
area shall be an historic district afforded the protection of this chapter
as administered by the Commission.
D.
Pending designation. After the date of submission of
the petition to create an historic district or initiation of designation by
the Commission, no permits shall be issued for property within the area of
contemplated designation, and no person shall alter or demolish any building
or site until the Town Board determines whether to designate the area as an
historic district.
E.
Notice of designation and recording.
(1)
After designation, the office of the Town Clerk shall
notify all property owners within the boundaries of the historic district
that the area has been designated as such and that an owner must possess a
certificate of appropriateness before obtaining a building permit or otherwise
materially affecting the exterior appearance by structural changes, changes
of exterior surfaces or any exterior change requiring a building permit.
(2)
A certified copy of the ordinance designating the district
as historic shall be recorded in the office of the Register of Deeds.
A.
Prohibition. No alteration or improvement which is visible
on the outside or demolition shall be done or allowed within a designated
historic district or upon a landmark unless a certificate of appropriateness
has been issued by the Zoning and Planning/Landmark and Historic Preservation
Commission. Further, no building permit or demolition permit shall be issued
for any landmark or any historic structure until the Building Inspector is
satisfied that a certificate of appropriateness has been issued.
B.
Criteria in granting a certificate of appropriateness.
In reviewing an application for a certificate of appropriateness, the Commission
shall consider the following factors:
(1)
The appropriateness to the historic district or to the
landmark of the proposed alteration or demolition.
(2)
Whether such proposed alteration or demolition will further
the purposes of this chapter.
(3)
Proposed alteration or demolition for any historic structure
from the visual perspective of the street, public way or public buildings.
(4)
Reference to the Secretary of the Interior's Standards
for Rehabilitation, as published in 36 CFR, Part 67, and as revised from time
to time.
(5)
By further reference to such specific design standards
as the Commission may require for the designation of the landmark or historic
district. Such specific standards shall relate to the historical significance;
the architectural value; the unique design, arrangement, texture, material
or color of the building, place or area in question; the relation of such
improvement to similar improvements in the immediate surroundings; and the
position of such improvement in relation to the street or public way and to
other improvements.
(6)
The Commission shall not deny a certificate of appropriateness
whenever the applicant shows that the alteration or demolition will enhance
or is not inconsistent with the inherent historic value of the landmark or
of the historic district.
C.
Application. Certificate of appropriateness may be applied
for from the Building Inspector. The application shall contain such information
as requested by the Commission and shall be accompanied by plans and renderings.
D.
Issuance of certificate of appropriateness.
(1)
The Commission shall review completed applications presented
to it for certificates of appropriateness at its regular monthly meetings
and shall grant or deny the certificate. The denial of a certificate shall
be accompanied by a written statement indicating the reasons for denial. Upon
granting a certificate, the Building Inspector shall issue to the applicant
a certificate of appropriateness.
(2)
A certificate of appropriateness shall expire six months
after the date of issuance. Building, demolition or sign permits are separate
from the certificate, and the applicant shall also secure such permits prior
to commencing the work.
E.
Hardship.
(1)
Even if a proposed alteration or demolition may be inappropriate
owing to conditions especially affecting the structure involved, but not affecting
the historic district generally, failure to issue a certificate of appropriateness
will involve a substantial hardship which is not self-created, financial or
otherwise, to the applicant, and such certificate may be issued without substantial
detriment to the public welfare and without substantial derogation from the
purposes of this chapter, then the Commission may grant a certificate of appropriateness.
(2)
If, however, a proposed alteration or demolition is inappropriate
and issuance of a certificate of appropriateness would cause substantial detriment
to the public welfare or substantial derogation from the purposes of this
chapter, but failure to issue would nonetheless involve a substantial hardship
which is not self-created, financial or otherwise, to the applicant, then
the Commission may order a postponement of any alteration or demolition while
it investigates alternatives to granting a certificate.
(3)
If after a reasonable period of time, not to exceed one
year from the date of first denial of the certificate of appropriateness,
no alternative agreement has been reached with the applicant, the Commission
may issue a certificate of appropriateness for alteration or demolition of
the building, place or area in question.
(4)
In granting a certificate of appropriateness in such
circumstances, the Commission may prescribe any conditions or limitations
that may minimize the adverse impact of the requested alteration or demolition.
(a)
When municipal sewer and water are available and deemed
necessary by Commission, mandatory hookup will be required.
(b)
Any restrictions or ordinances placed on the property
deemed historical due to improvements/development, such as setbacks, exterior
appearance and materials, etc., may be waived upon approval of the Commission.
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.
