[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:
A.
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.
B.
Safeguard. Safeguard the Town's historic and cultural
heritage, as embodied and reflected in such landmarks and historic
districts.
C.
Property values. Stabilize and improve property values.
D.
Foster civic pride. Foster civic pride in the beauty
and noble accomplishments of the past.
E.
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.
F.
Economy. Strengthen the economy of the Town.
G.
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:
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.
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.
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.
A.
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:
(1)
Exemplify or reflect the broad cultural, political,
economic or social history of the nation, state or community;
(2)
Are identified with historic personages or with important
events in national, state or local history;
(3)
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;
(4)
Are representative of the notable work of a master
builder, designer or architect who influenced his or her age; or
(5)
Have yielded, or may be likely to yield, information
important to prehistory or history.
B.
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]
A.
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]
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 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, 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 whether:
(a)
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
(b)
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 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.
(5)
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]
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 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]
D.
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.
A.
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]
B.
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.
A.
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.
B.
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.
