[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 10, Ch. 7 of the 1991 Code. Amendments noted where applicable.]
This chapter is adopted under the authority granted by § 60.64, Wis. Stats., and amendments thereto.
It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. The purpose of this chapter is to:
Preserve. Effect and accomplish the protection, enhancement and perpetuation of such improvements and of districts which represent or reflect elements of the Town's cultural, social, economic, political and architectural history.
Safeguard. Safeguard the Town's historic and cultural heritage, as embodied and reflected in such landmarks and historic districts.
Property values. Stabilize and improve property values.
Foster civic pride. Foster civic pride in the beauty and noble accomplishments of the past.
Town's attraction. Protect and enhance the Town's attraction to residents, tourists and visitors and serve as a support and stimulus to business and industry.
Economy. Strengthen the economy of the Town.
Promote the use. Promote the use of historic districts and landmarks for the education, pleasure and welfare of the people of the Town.
As used in this chapter, the following terms shall have the meaning indicated, unless the context clearly requires otherwise:
- HISTORIC DISTRICT
- An area designated by the Commission which contains one or more landmarks or landmark sites as well as those abutting improvement parcels which the Commission determines should fall under the provisions of this chapter to assure that their appearance and development are harmonious with such landmarks or landmark sites.
- 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 which is treated as a single entity for the purpose of levying real estate taxes; provided, however, that 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, county, state or nation and which has been designated as a landmark pursuant to the provisions of this chapter.
- 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 under this chapter, 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.
Historic designation. For purposes of this chapter, an historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any areas of particular historic, architectural, archaeological or cultural significance to the Town of Cedarburg, 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 or specimen inherently valuable for a study of a period, style, or method of construction, or of indigenous materials or craftsmanship;
Are representative of the notable work of a master builder, designer or architect who influenced his or her age; or
Have yielded, or may be likely to yield, information important to prehistory or history.
Operating guidelines. The Commission may adopt specific operating guidelines for historic structure, historic site and historic district designation, provided that such guidelines are in conformance with the provisions of this chapter.
[Amended 12-1-1999 by Ord. No. 1999-17]
Designation. The Commission shall have the power, subject to §§ 186-6 and 186-10, to designate landmarks, landmark sites and historic districts within the limits of the Town of Cedarburg. Such designations shall be made based upon the criteria established under § 186-4 and the consent of the property owner.
[Amended 12-1-1999 by Ord. No. 1999-17]
Regulation of construction and alteration.
Any application for a permit from the Building Inspector involving a designated landmark, landmark site, or improvement in an historic district shall be filed with the Commission.
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, the Building Inspector shall not issue any permit for any such work.
Upon the filing of an application with the Commission, the Commission shall determine whether:
In the case of a landmark, the proposed work would change, destroy, or affect any exterior architectural feature of the improvement upon which said work is to be done; and
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.
If the Commission determines both Subsection B(3)(a) and (b) in the negative, it shall approve the permit; otherwise it shall deny the request for approval. The Commission shall make this decision within 30 days after the filing of the application. Nothing contained herein shall be deemed to prevent the appeal of such denial to Circuit Court.
If the Commission denies the request for approval, the Commission and the applicant shall cooperate and work together for a period of up to six months following the date of the initial application to find a suitable method of completing the proposed work. If no method is determined within the six-month period, the Building Inspector shall issue the building permit with Town Board approval.
[Amended 1-5-2011 by Ord. No. 2011-2]
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:
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.
At such time as such person applied for a permit to demolish such property, such application shall be filed with the Commission. Upon such application, the Commission may refuse to grant such written approval for a period of up to 10 months from the time of such application during which time the Commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the Commission shall cooperate in attempting to avoid demolition of the property. At the end of this ten-month period, if no method of saving the subject property bearing a reasonable prospect of eventual success is underway or if no application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the Building Inspector may issue the permit to demolish the subject property with the approval of the Town Board. If such method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained within a period of six months following the end of such ten-month period, the Building Inspector may issue the permit to demolish the subject property with the approval of the Town Board.
[Amended 1-5-2011 by Ord. No. 2011-2]
Recognition of landmarks and landmark sites. At such time as a landmark or landmark site has been properly designated in accordance with §§ 186-4 and 186-6, the Commission shall cause to be prepared and erected on such property, at Town expense, 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.
Designation of landmarks, landmark sites and historic districts. The Commission may establish landmarks, landmark sites and historic districts after notice and public hearing thereon and after application of the criteria in § 186-4. At least 10 days prior to the date of the public hearing, notice of such hearing shall be given by mail to the owners of the premises, as well as to the owners of all lands located within 1,000 feet of the boundaries of the property affected. Notice of the hearing shall be published as a Class 1 notice, per Wisconsin Statutes, and the Commission shall also notify the Town Board, Town Plan Commission, Town Administrator and the Building Inspector of the hearing. Each such board or officer shall respond to the Commission by filing its or his comments on the proposed designation. The Commission shall conduct such public hearing and, in addition to the notified persons and boards, may hear expert witnesses. The Commission shall likewise conduct an independent investigation into the proposed designation. At any time after the closing of the public hearing, the Commission may designate the site or property as either a landmark or a landmark site or include it in an historic district. After such designation has been made, notification thereof shall be sent to the property owner or owners. Notification shall also be given to the Town Clerk, Town Administrator, Building Inspector and Town Assessor. The Commission shall cause such designation to be recorded in the office of the Register of Deeds of Ozaukee County.
[Amended 12-1-1999 by Ord. No. 1999-17]
Voluntary restrictive covenants. The owner of any landmark or landmark site may, at any time following such designation of his property, enter into a restrictive covenant on the subject property after negotiation with the Commission. The Commission may assist the owner in preparing such covenant in the interest of preserving the landmark or landmark site and shall record such covenant in the office of the Ozaukee County Register of Deeds and also shall notify the Town Assessor of such covenant and the conditions thereof.
Every person in charge of any landmark, landmark site or improvement in an historic district shall maintain the same or cause or permit it to be maintained in a condition consistent with the provisions of this chapter.
Nothing contained in this chapter 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 governmental 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 person violating any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code.
Approve actions and procedures. Notwithstanding any other provision herein contained in this chapter, the Town Board of the Town of Cedarburg shall by majority vote have the right to approve, delete, alter or disapprove any of the actions or procedures taken by the Landmarks Commission of the Town of Cedarburg.
Designations. The Town Board of the Town of Cedarburg must, by majority vote, approve, delete, alter or disapprove any and all landmarks, landmark sites and historic districts designated by the Landmarks Commission of the Town of Cedarburg.