City of Burlington, WI Historic Preservation Commission

Whether, in the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy, or adversely affect any exterior architectural feature of the improvement upon which said work is to be done;

Whether, in the case of the construction of a new improvement upon an historic site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site; and

Whether, in the case of any property in an HPO Historic Preservation Overlay District designated pursuant to the criteria established in this chapter, the proposed construction, reconstruction, or exterior alteration does not conform to the objectives and design criteria of the historic preservation plan for said HPO Historic Preservation Overlay District as duly adopted by the Plan Commission. The Historic Preservation Commission shall forward its recommendation to the Common Council for a final determination regarding the certificate of appropriateness, except that a certificate of appropriateness for signage which shall be forwarded to the Building Inspector for final determination, as provided in § 315-42E(1) of this chapter. In cases where the Plan Commission must review the application for another reason, the Historic Preservation Commission's recommendation shall be attached to the application when it proceeds to Plan Commission, and upon the Plan Commission's approval, the application shall be forwarded to the Common Council for consideration of the certificate of appropriateness.

[Amended 2-17-2016 by Ord. No. 2004(10)]

Regulation of demolition. No person in charge of an historic structure or an improvement in an HPO Historic Preservation Overlay District shall be granted a permit to demolish such property unless a certificate of appropriateness has been granted by the Common Council pursuant to a review and recommendation from the Historic Preservation Commission.

[Amended 12-7-2004 by Ord. No. 1762(14)]

Recognition of historic structures and historic sites. Whenever an historic structure or historic site has been properly designated according to this chapter, the Historic Preservation Commission may cause to be prepared and erected on such property, at City expense, a suitable plaque declaring that such property is an historic structure or historic site. Such plaque shall be so placed to be easily visible to passing pedestrians. For an historic structure, the plaque shall state the accepted name of the historic structure, the date of its construction, and other information deemed proper by the Historic Preservation Commission. For an historic site that is not the site of an historic structure, such plaque shall state the common name of the site and such other information deemed appropriate by the Historic Preservation Commission.

Sale of historic sites. Any party who is listed as the owner of record of an historic structure or historic site at the time of its designation who can show to the Historic Preservation Commission that by virtue of such designation he is unable to find a buyer willing to preserve such historic site, although he has made reasonable attempts in good faith to find and attract such a buyer, may petition the Historic Preservation Commission to recommend to the Plan Commission a Common Council rescission of its designation. Following the filing of such petition with the Secretary of the Historic Preservation Commission:

The owner and the Historic Preservation Commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.

If, at the end of a period not exceeding six months from the date of such petition, no such buyer can be found, and if the owner still desires to obtain such rescission, the Historic Preservation Commission shall recommend to the Plan Commission to recommend to the Common Council to rescind its designation of the subject property.

In the event of such rescission, the Historic Preservation Commission shall notify the City Clerk, the Building Inspector, and the City Assessor of the same and shall cause the same to be recorded, at the City's expense, in the office of the Racine or Walworth (as applicable) County Register of Deeds.

Following any such rescission, the Historic Preservation Commission may not recommend to redesignate the subject property an historic structure or historic site for not less than five years following the date of rescission.

Other duties of the Historic Preservation Commission. In addition to those duties already specified in this section, the Historic Preservation Commission shall:

Actively work for the passage of enabling legislation that would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this section to encourage historic structure owners to assist in carrying out the provisions of this chapter.

Cooperate with the State of Wisconsin Historic Preservation Officer and the State Historic Preservation Review Board in attempting to include such properties designated as historic structures, historic sites, or historic districts on the National Register of Historic Places.

Work for the continuing education of the citizens about the historic heritage of the City of Burlington, its historic structures, and its historic sites.

As it deems advisable, receive and solicit funds for historic structure preservation in the City. Such funds. shall be placed in a special City account for such purposes.

(5)

Make recommendations to the City's Zoning Board of Appeals on all appeals and applications to the Zoning Board of Appeals regarding errors, variances, and interpretations relating to the HPO Historic Preservation Overlay District. Said recommendation to the Zoning Board of Appeals shall be made by the Historic Preservation Commission within 30 days of such request.

§ 315-114 Designation criteria.

Historic structure, historic site, and HPO Historic Preservation Overlay District designation. For the purposes of this chapter, an historic structure, historic site, or HPO Historic Preservation Overlay 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, or cultural significance to the City of Burlington, such as historic structures, sites, or districts which:

Exemplify or reflect the broad cultural, political, economic, or social history of the nation, state, or community;

Are identified with historic personages or with important events in national, state, or local history;

Embody the distinguishing characteristics of an architectural type specimen, inherently valuable for the study of a period, style, method of construction, or of indigenous materials or craftsmanship;

Are representative of the notable work of a master builder, designer, or architect whose individual genius influenced his age; or

(5)

Have yielded, or may be likely to yield, information to prehistory or history.

Historic Preservation Commission operating guidelines. The Historic Preservation Commission shall adopt specific operating guidelines for historic structure, historic site, and historic district designation providing such are in conformance with the provisions of this chapter.

§ 315-115 Procedures.

Designation of historic structures, historic sites, and HPO Historic Preservation Overlay Districts. The Historic Preservation Commission may, after notice and public hearing, recommend to the Plan Commission the establishment of historic structures, historic sites, and HPO Historic Preservation Overlay Districts by the Common Council after application of the criteria in § 315-114 of this chapter.

At least 10 days before such hearing, the Historic Preservation Commission shall notify the owners of property in whole or in part within 200 feet of the boundaries of the property affected. These owners shall have the right to confer with the Historic Preservation Commission before its recommendation to the Plan Commission on the designation. Notice of such hearing shall also be published as a Class 2 notice under Ch. 985, Wis. Stats. The Historic Preservation Commission shall also give at least 10 days' prior written notice to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed establishment of historic structures, historic sites, and HPO Historic Preservation Overlay Districts. The Historic Preservation Commission shall also notify the City Administrator, City Planner, Zoning Administrator, Engineering Department, the Department of Public Works, Park Board, Fire and Police Departments, City Building Inspector, and Plan Commission. Each such department shall respond to the Historic Preservation Commission within 30 days of notification with its comments on the proposed designation or rescission.

The Historic Preservation 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 Historic Preservation Commission may conduct an independent investigation into the proposed designation or rescission.

Within 10 days after the close of the public hearing, the Historic Preservation Commission may recommend designation of the property as either an historic structure or an historic site or its inclusion in an HPO Historic Preservation Overlay District to the Plan Commission for its recommendation to the Common Council or recommend to the Plan Commission that the Common Council rescind the designation.

After the recommendation has been made by the Plan Commission to the Common Council, notification shall be sent to the property owner or owners and to the persons who appeared at the public hearing. Notification shall also be given to the City Clerk, Building Inspector, and the City Assessor. The Historic Preservation Commission shall cause the Common Council approved designation or rescission to be recorded, at City expense, in the Racine or Walworth (as applicable) County Register of Deeds office.

Voluntary restrictive covenants. The owner of any historic structure or historic site may, any time following such designation of his property, enter into a restrictive covenant on the subject property after negotiation with the Historic Preservation Commission. The Historic Preservation Commission may assist the owner in preparing such covenants in the interest of preserving the historic structure or historic site, and the owner shall cause to be recorded such covenants in the Racine or Walworth (as applicable) County Register of Deeds office and shall notify the City Assessor of such covenants and the conditions thereof.

Creation of an HPO Historic Preservation Overlay District. For preservation purposes, the Historic Preservation Commission may recommend to the Plan Commission that certain geographically defined areas within the City of Burlington be designated as HPO Historic Preservation Overlay Districts by the Common Council under the provisions as outlined in this chapter. An HPO Historic Preservation Overlay District may be recommended by the Historic Preservation Commission for designation by the Common Council that meets those criteria set forth in § 315-114 of this chapter. Each HPO Historic Preservation Overlay District recommended by the Historic Preservation Commission shall be supported by an historic preservation plan for the district, which plan shall include a cultural and architectural analysis supporting the historic significance of the area, a statement of preservation objectives, and specific guidelines for the development of the district.

Public hearing required. The Historic Preservation Commission shall hold a public hearing when considering the plan for an historic district. Notice of the time, place, and purpose of such hearing shall be given pursuant to Subsection A of this section. Notice of time, place and purpose of the public hearing shall also be sent by the City Clerk to the Alderperson of the aldermanic district or districts in which the HPO Historic Preservation Overlay District is located and the owners of record, as listed in the office of the City Assessor, who are owners of property situated in whole or in part within 200 feet of the boundaries of the proposed HPO Historic Preservation Overlay District. Said notice is to be sent at least 10 days before the date of the public hearing. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject, or withhold action on the plan. This recommendation shall be forwarded to the Plan Commission.

§ 315-116 Compliance and appeals.

General. Every person in charge of any historic structure, historic site, or improvement in an HPO Historic Preservation Overlay District shall maintain the same or cause or permit it to be maintained in a condition consistent with the provisions of this chapter. Insofar as they are applicable to an historic structure, historic site, or improvement in an HPO Historic Preservation Overlay District designated under this chapter, any provision of the Plumbing Code, the Minimum Housing and Property Maintenance Code, Building Code, and Heating, Ventilating and Air Conditioning Code may be varied or waived, on application, by the appropriate board having such jurisdiction over such code or ordinance or, lacking such board, by the Building Inspector, provided that such variance or waiver does not endanger public health or safety. (See Article X and Subsection C of this section on appeals and applications to the Zoning Board of Appeals regarding errors, variances, and interpretations relating to the HPO Historic Preservation Overlay District of this chapter.)

Government order for emergencies. Nothing contained in this chapter shall prohibit the making of necessary construction, reconstruction, alteration, or demolition of any improvement on an historic site or in an HPO Historic Preservation Overlay District pursuant to order of any governmental agency or pursuant to any court judgment for remedying emergency conditions determined to be dangerous to life, health, or property. In such emergency cases only, no approval from the Historic Preservation Commission, Plan Commission, or Common Council shall be required.

Appeals. Appeals regarding errors, variances, and interpretations relating to historic structures, historic sites, or the HPO Historic Preservation Overlay District of this chapter, and of final decisions and determinations made by the Plan Commission or the Common Council as set forth in this chapter, shall be subject to the procedures set forth under Article X of this chapter and the following:

[Amended 12-7-2004 by Ord. No. 1762(14)]

Application for appeals. An application for an appeal to the Zoning Board of Appeals regarding errors, variances, and interpretations relating to historic structures, historic sites, or properties in the HPO Historic Preservation Overlay District, or relating to final decisions or determinations made by the Plan Commission or the Common Council, may be applied for pursuant to § 315-104 of this chapter.

Review of records by, or recommendation to, the Zoning Board of Appeals required. Prior to any Zoning Board of Appeals decision on an appeal or appeal application of a final decision by the Plan Commission or the Common Council as set forth herein, the Zoning Board of Appeals shall review the record of the decision, and the Zoning Board of Appeals may request an explanation of the decision and/or a recommendation of the Historic Preservation Commission, Plan Commission or the Common Council regarding the decision. Prior to any Zoning Board of Appeals decision on an appeal or appeal application of any other issue as set forth herein, the Zoning Board of Appeals shall request that a recommendation be made by the Historic Preservation Commission, Plan Commission or the Common Council.