There is hereby established an Historic Preservation
Commission for the City of Burlington to safeguard the City's historic
and cultural heritage; stabilize and improve property values; promote
civic pride in the beauty and noble accomplishments of the past; protect
and enhance the City for its residents, tourists, and visitors for
education, pleasure, and general welfare; and strengthen the economy
of the City.
The Historic Preservation Commission shall organize
and adopt rules for its own government according to the provisions
of this section.
A. Meetings. Meetings shall be held at the call of the
Chairperson of the Historic Preservation Commission or when requested
by the Common Council or Plan Commission and shall be open to the
public.
B. Minutes. Minutes shall be kept showing all actions
taken and shall be a public record. The grounds for every decision
shall be stated in the minutes.
C. Quorum. Quorum shall be four members, and all actions
shall require the concurring vote of at least four members.
The Historic Preservation Commission shall have
the following powers:
A. Designation. The Historic Preservation Commission shall have the power to recommend the designation of historic structures, historic sites, and HPO Historic Preservation Overlay Districts within the City to the Plan Commission based upon criteria established in §
315-114 of this chapter.
B. Regulation of construction, reconstruction, and exterior
alteration. No owner or person in charge of an historic structure,
historic site, or structure within an HPO Historic Preservation Overlay
District shall reconstruct or alter all or any part of the exterior
of such property, construct any improvement upon such designated property,
or cause or permit any such work to be performed upon such property
(including the placement of signage) unless a certificate of appropriateness
has been granted by the Common Council upon recommendation by the
Historic Preservation Commission. Applications for a certificate of
appropriateness shall be filed with the Historic Preservation Commission.
Within 60 days of submission of the application, the Historic Preservation
Commission shall make a recommendation to grant approval, approve
with conditions, or reject the request for a certificate of appropriateness,
or table the application for a stated reason based upon the following
determinations:
[Amended 12-7-2004 by Ord. No. 1762(14)]
(1) 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;
(2) 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
(3) 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)]
C. 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)]
D. 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.
E. 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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
F. Other duties of the Historic Preservation Commission.
In addition to those duties already specified in this section, the
Historic Preservation Commission shall:
(1) 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.
(2) 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.
(3) Work for the continuing education of the citizens
about the historic heritage of the City of Burlington, its historic
structures, and its historic sites.
(4) 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.