Burlington City Zoning Code

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.

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.

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.

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.

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

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

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.

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.

Required variance facts and conditions. No variance to the Historic Preservation provisions of this chapter shall be granted by the Zoning Board of Appeals unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings: