[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 2-13-1996 by Ord. No. 1996-2]. Amendments noted
where applicable.]
It is hereby declared a matter of public policy
that the protection, enhancement, perpetuation and use of improvements
or sites of special character or special architectural or historic
interest or value is a public necessity and is required in the interest
of the health, prosperity, safety and welfare of the people. The purpose
of this chapter is to:
A.
Effect and accomplish the protection, enhancement,
and perpetuation of such improvements, sites and districts which represent
or reflect elements of the Village's cultural, social, economic, political
and architectural history.
B.
Safeguard the Village's historic and cultural heritage,
as embodied and reflected in such historic structures, sites and districts.
C.
Foster civic pride in the notable accomplishments
of the past.
D.
Stabilize and improve property values.
E.
Strengthen the economy of the Village.
F.
Protect and enhance the Village's attractions to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
G.
Improve and enhance the visual and aesthetic character
of the Village.
H.
Promote the use of historic districts and landmarks
for the education, pleasure and welfare of the people of the Village.
I.
Educate the public regarding the need and desirability
of the Village's historic preservation program and its enhancement
of the quality of life.
The definitions shall be as follows:
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of an historic
structure, historic site or any improvement in an historic district.
The Historic Preservation Commission created under this chapter.
An area designated by the Village Board, on recommendation
of the Commission, that contains two or more historic improvements
or 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 historic structures or historic sites.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which an
historic event has occurred, and which has been designated as an historic
site under this chapter, or an improvement parcel, or part thereof,
on which is situated an historic structure and any abutting improvement
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the Village, state or nation and which
has been designated as an historic structure pursuant to the provisions
of this chapter.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment, including streets, alleys, sidewalk, curbs, lighting
fixtures, signs and the like.
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.
An Historic Preservation Commission is hereby
created, consisting of five members. Of the membership, if available
in the community, one shall be a registered architect, one shall be
an historian, one shall be a licensed real estate broker, one shall
be a Trustee, and one shall be a citizen. Each member shall have,
to the highest extent practicable, a known interest in historic preservation.
The Village President shall appoint the Commissioners subject to confirmation
by Village Board. Of the initial members so appointed, two shall serve
a term of one year, two shall serve a term of two years, and one shall
serve a term of three years. Thereafter, the term for each member
shall be three years.
A.
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 area of particular historic, architectural,
archaeological or cultural significance to the Village, 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 age; or
(5)
Have yielded, or may be likely to yield, information
important to prehistory or history.
B.
The Commission may adopt specific operating guidelines
for historic structure, historic site and historic district designation
providing such are in conformance with the provisions of this chapter.
C.
Under this chapter, an initial historic district,
known as the "Mazomanie Downtown Historic District," is so designated.
This initial historic district is on the National Register of Historic
Places. The district is an unusually complete, intact collection of
resources that chronicle virtually the whole history of commercial
activity of Mazomanie. The district is also representative of a highly
intact collection of nineteenth and early twentieth century commercial
buildings. The district is locally significant in accord with the
criteria of this section.
A.
Designation. The Commission shall have the power, subject to § 246-6, to designate historic structures and historic sites and to recommend designation of historic districts within the Village limits. Such designations shall be made based on § 246-4 and shall be approved by the Village Board. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
B.
Regulation of construction, reconstruction, alteration
and demolition.
(1)
No owner or person in charge of an historic structure,
historic site or structure within an historic district shall reconstruct,
alter or demolish all or any part of the exterior of such property
or construct any improvement upon such designated property or properties
or cause or permit any such work to be performed upon such property
or demolish such property unless a certificate of appropriateness
has been granted by the Historic Preservation Commission. Unless such
certificate has been granted by the Commission, the Building Inspector
shall not issue a permit for any such work.
(2)
Upon filing of any application for a certificate of
appropriateness with the Commission, the Commission shall approve
the application unless:
(a)
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
or site upon which said work is to be done.
(b)
In the case of the construction of a new improvement
upon an historic site, or within an historic district, the exterior
of such improvement would adversely affect or not harmonize with the
external appearance of other neighboring improvements on such site
or within the district.
(c)
In the case of any property located in an historic
district, the proposed construction, reconstruction, exterior alteration
or demolition does not conform to the purpose and intent of this chapter
and to the objectives and design criteria of the historic preservation
plan for said district.
(d)
The building or structure is of such architectural
or historical significance that its demolition would be detrimental
to the public interest and contrary to the general welfare of the
people of the Village and state.
(e)
In the case of a request for the demolition
of a deteriorated building or structure, any hardship or difficulty
claimed by the owner is self-created or is the result of any failure
to maintain the property in good repair.
(3)
In addition, in determining whether to issue a certificate
of appropriateness, the Commission shall consider and may give decisive
weight to any or all of the following standards:
(a)
A property shall be used for its historic purpose
or be placed in new use that requires minimal change to the defining
characteristics of the building and its site and environment.
(b)
The historic character of a property shall be
retained and preserved. The removal of historic materials or alteration
of features and spaces that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical
record of its time, place, and use. Changes that create a false sense
of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
(d)
Most properties change over time; those changes
that have acquired historic significance in their own right shall
be retained and preserved.
(e)
Distinctive features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
shall be preserved.
(f)
Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall match
the old in design, color, texture, and other visual qualities and,
where possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting,
that cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(h)
Significant archaeological resources affected
by a project shall be protected and preserved. If such resources must
be disturbed, mitigation measures shall be undertaken.
(i)
New additions, exterior alterations, or related
new construction shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale, and architectural
features to protect the historic integrity of the property and its
environment.
(j)
New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.
(4)
If the Commission determines that the application
for a certificate of appropriateness and the proposed changes are
consistent with the character and features of the property or district,
and with the above guidelines, it shall issue the certificate of appropriateness.
Upon the issuance of such certificate, the building permit shall then
be issued by the Building Inspector. The Commission shall make this
decision within 45 days of the filing of the application.
(5)
Agencies of the Village and all public utility and
transportation companies undertaking projects affecting historic structures,
historic sites or historic districts shall be required to obtain a
certificate of appropriateness prior to initiating any changes in
the character of street paving, sidewalks, utility installations,
lighting, walls, fences, structures, and buildings on property, easements,
or streets owned or franchised by the Village.
(6)
The issuance of a certificate of appropriateness shall
not relieve the applicant from obtaining other permits and approvals
required by the Village. A building permit or other municipal permit
shall be invalid if it is obtained without the presentation of the
certificate of appropriateness required for the proposed work. Insofar
as they are applicable to an historic structure, historic site, or
improvement in an historic district designated under this chapter,
any provision of the Plumbing Code, Electrical Code, or Building or
Housing Code of the Village shall apply, unless waived by the appropriate
state or Village officials.[1] The Commission may support or propose such waivers before
the appropriate state or Village appeals body.
(7)
Compliance with certificates of appropriateness shall
be started within 12 months after the issuance of the certificate,
and the work shall conform to the provisions of the certificate. The
Village may inspect the work during and after construction in order
to assure compliance. Failure to comply with a certificate of appropriateness
or failure to obtain a certificate of appropriateness shall be a violation
of this chapter. In addition to other penalties and remedies, the
Village shall issue a stop-work order, and all work shall cease on
the designated property. No additional work shall be undertaken as
long as such stop-work order shall continue in effect.
(8)
Ordinary maintenance and repairs may be undertaken
without a certificate of appropriateness, provided that the work involves
repairs to existing features of an historic structure or site or the
replacement of elements of a structure with pieces identical in appearance
and provided that the work does not change the exterior appearance
of the structure or site and does not require the issuance of a building
permit.
C.
Appeals. Should the Commission fail to issue a certificate
of appropriateness due to the failure of the proposal to conform to
the guidelines, the applicant may appeal such decision to the Village
Board within 30 days. In addition, if the Commission fails to issue
a certificate of appropriateness, the Commission shall, with the cooperation
of the applicant, work with the applicant in an attempt to obtain
a certificate of appropriateness within the guidelines of this chapter.
D.
Recognition of historic structures, sites and districts.
At such time as an historic structure, site or district has been properly
designated, the Commission may cause to be prepared and erected on
such property, at Village expense, a suitable plaque declaring that
such property is an historic structure, site or district. Such plaque
shall be so placed as to be easily visible to passing pedestrians.
The plaque shall state the accepted name of the historic property,
the date of its construction or significance, and other information
deemed proper by the Commission.
A.
Village survey and historic list. The Commission shall conduct, within the corporate limits, a survey from which a list of significant historic structures and sites will be established and maintained. This list will be established based on the criteria of § 246-4. The Commission may designate structures and sites from this significant historical list.
B.
Designation of historic structures and historic sites.
(1)
The Commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in § 246-4 above. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the Village Assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected. These owners shall have the right to confer with the Commission prior to final action by the Commission on the designation. Notice of such hearing shall also be published as a Class 1 notice under the Wisconsin Statutes.
(2)
The 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 Commission may conduct an independent investigation into the proposed designation or rescission. Within 10 days after the close of the public hearing, the Commission may designate the property as either an historic structure or historic site or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the Village Clerk-Treasurer, Building Inspector, Plan Commission, and the Village Assessor. The Commission shall cause the designation or rescission to be recorded, at Village expense, in the County Register of Deeds office or the recommendation to be submitted to the Village Board as provided by Subsection C(3)(c).
C.
Designation of historic districts.
(1)
For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the Village to be designated as historic districts and shall prepare an historic preservation plan for each area. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the Village which embodies the designation criteria of § 246-4A. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.
(2)
Guideline criteria to be considered in the development
of historic district plans are as follows:
(b)
All new structures shall be constructed to a
height visually compatible with the building and environment with
which they are visually related.
(c)
The gross volume of any new structure shall
be visually compatible with the buildings and environment with which
it is visually related.
(d)
In the street elevation of a building, the proportion
between the width and height in the facade should be visually compatible
with the building and environment with which it is visually related.
(e)
The proportions and relationships between doors
and windows in the street facade should be visually compatible with
buildings and environment with which they are visually related.
(f)
The rhythm of solids to voids, created by openings
in the facade, should be visually compatible with the buildings and
environment with which it is visually related.
(g)
The existing rhythm created by existing building
masses and spaces between them should be preserved.
(h)
The materials used in the final facade should
be visually compatible with the buildings and environment with which
they are visually related.
(i)
The texture inherent in the facade should be
visually compatible with the buildings and environment with which
it is visually related.
(j)
Colors and patterns used on the facade (especially
trim) should be visually compatible with the buildings and environment
with which they are visually related.
(k)
The design of the roof should be visually compatible
with the buildings and environment with which it is visually related.
(l)
The landscape plan should be sensitive to the
individual building, its occupants and their needs. Further, the landscape
treatment should be visually compatible with the buildings and environment
with which it is visually related.
(m)
The street facade should blend with other buildings
via directional expression. When adjacent buildings have a dominant
horizontal or vertical expression, this expression should be carried
over and reflected.
(n)
Architectural elements should be incorporated
as necessary to relate the new with the old and to preserve and enhance
the inherent characteristics of the area.
(3)
Review and adoption procedure.
(a)
Historic Preservation Commission. 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 by publication as a Class 1 notice
under the Wisconsin Statutes in the official Village paper. Notice
of the time, place and purpose of the public hearing shall also be
sent by the Village Clerk to all Trustees, and the owners of record,
as listed in the office of the Village Assessor, who are owners of
the property within the proposed historic district or are situated
in whole or in part within 200 feet of the boundaries of the proposed
historic district. Said notice is to be sent at least 10 days prior
to the date of the public hearing by regular U.S. Mail. 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 Village Plan Commission and the Village
Board.
[Amended 3-26-1996 by Ord. No. 1996-4]
(b)
Village Plan Commission. The Plan Commission
shall review the historic district plan and make a recommendation
to the Village Board. The Plan Commission shall make its recommendation
on the historic district plan within 30 days.
(c)
Village Board. The Village Board, upon receipt of the recommendations from the Historic Preservation Commission and Plan Commission, shall hold a public hearing, with notice to be given as noted in Subsection C(3)(a) above, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan in ordinance form prepared for that district and direct the implementation of said plan.
No building permit shall be issued by the Building
Inspector for alteration, construction, demolition, or removal of
a nominated historic structure, historic site, or any property or
structure within a nominated historic district from the date of the
meeting of the Historic Preservation Commission at which a nomination
form is first presented until the final disposition of the nomination
by the Historic Preservation Commission or the Village Board, unless
such alteration, removal or demolition is authorized by formal resolution
of the Village Board as necessary for public health, welfare or safety.
In no event shall the delay be for more than 180 days.
The purpose of this section is to prevent the
demolition of a building or structure by neglecting it and permitting
damage to it by weather or vandalism.
A.
Every person in charge of an historic structure, historic
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. The Village Board may appoint the
Building Inspector or any other individual or group of individuals
to enforce this chapter. The duties of the inspection officer shall
include periodic inspection at intervals provided by the Village Board
of designated historic structures, historic sites and historic districts.
These inspections may include physical entry upon the property and
improvement, with permission of the owner, to ensure that interior
alterations or maintenance will not jeopardize the exterior appearance
or structural stability of the improvement. If an owner refuses permission
for the enforcement officer to enter for purposes of inspection, the
inspection officer may obtain a warrant of entry pursuant to § 66.0119,
Wis. Stats., and take any other reasonable measures to further the
enforcement of this chapter.
B.
Every person in charge of an improvement on an historic
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 improvement to fall into a state of disrepair, including
but not limited to:
(1)
The deterioration of exterior walls or other vertical
supports.
(2)
The deterioration of roofs or other horizontal members.
(3)
The deterioration of external chimneys.
(4)
The deterioration or crumbling of exterior plasters
or mortar.
(5)
The ineffective waterproofing of exterior walls, roofs,
and foundations, including broken windows or doors.
(6)
The peeling of paint, rotting, holes, and other forms
of decay.
(7)
The deterioration of surrounding environment, e.g.,
fences, gates, sidewalks, steps, signs, accessory structures, and
landscaping.
(8)
The deterioration of any feature so as to create or
permit the creation of any hazardous or unsafe condition or conditions.
C.
Insofar as they are applicable to an historic structure,
historic site or improvement in an historic district designated under
this chapter, any provision of the Plumbing Code, the Minimum Housing
and Property Maintenance Code, Building Code, Heating, Ventilating
and Air Conditioning Code, and Outdoor Signs and Outdoor Advertising
Structures Regulations of the general ordinances[1] may be varied or waived, on application, by the appropriate
board having such jurisdiction over such chapter or, in the absence
of such board, by the Building Inspector, provided that such variance
or waiver does not endanger public health or safety.
Any person or persons violating any provision
of this chapter shall be fined $50 for each separate violation. Each
and every day during which a violation continues shall be deemed to
be a separate offense. Notice of violations shall be issued by the
Building Inspector. If the violations remain uncorrected after the
time specified in the notice, the Village may, at its election, impose
fines and/or have the violations corrected at Village expense and
have a lien placed against the property equal to the cost of the repairs,
plus applicable fines and administrative costs.
