There is established a Historic Preservation Commission for the City of Elkhorn 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 to strengthen the economy of the City.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The definitions shall be as follows:

(1)

Certificate of appropriateness. The certificate issued by the commission approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.

(2)

Commission. The Historic Preservation Commission created under this section.

(3)

Historic district. An area designated by the Common Council on recommendation of the commission that contains 2 or more historic improvements or sites.

(4)

Historic site. Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, or an improvement parcel, or part thereof, on which it is situated a 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.

(5)

Improvement. 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, sidewalks, curbs, lighting fixtures, signs and the like.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The Historic Preservation Commission shall consist of 7 residents, business owners and/or business property owners appointed by the Mayor subject to confirmation by the Common Council.

(2)

Of the membership, one shall be an alderperson, one shall be a Plan Commission member and 5 shall be citizen members with an interest in local history and historic preservation. It is recommended, but not required, that of the latter 5, 2 citizen members be alternatively either:

(a)

A registered or graduate architect; or

(b)

A local historian, with qualifications in historic preservation, architectural history, art history or history.

(c)

A licensed real estate broker and/or appraiser.

(3)

Terms shall be for staggered 3-year periods.

(4)

Chairman shall be appointed by the Mayor.

(5)

Secretary shall be selected by the members.

(6)

Official oaths shall be taken by all members in accordance with Section 19.01, Wis. Stats., within 10 days of receiving notice of their appointments.

(7)

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The Historic Preservation Commission shall organize and adopt rules for its own government in accordance with the provisions of this section.

(2)

Meetings shall be held at the call of the Chairman of the Historic Preservation Commission or when requested by the Common Council or City Plan Commission and shall be open to the public.

(3)

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.

(4)

Quorum shall be 4 members, and all actions shall require the concurring vote of at least 4 members.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The Historic Preservation Commission shall have the following powers:

(a)

Designation. The Historic Preservation Commission shall have the power to recommend the designation of landmarks, landmark sites and historic districts within the City to the City Plan Commission based upon criteria established in Section 17.11-6.

(b)

Regulation of Construction, Reconstruction, Exterior Alteration and Demolition.

1.

No owner or person in charge of a landmark, landmark site or structure within a 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 cause or permit such work to be performed upon such property unless a certificate of appropriateness has been granted by the City Plan Commission upon recommendation by the Historic Preservation Commission.

2.

Applications for a certificate of appropriateness shall be filed with the Historic Preservation Commission. Within 45 days of submission of the application, the Historic Preservation Commission shall make a recommendation to the City Plan Commission based upon the following determinations:

a.

Whether, in the case of a designated landmark or landmark 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; and

b.

Whether, in the case of the construction of a new improvement upon a landmark site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site;

c.

Whether, in the case of any property located in a historic district designated pursuant to the criteria established in Section 17.11-6, hereunder, the proposed construction, reconstruction or exterior alteration does not conform to the objectives and design criteria of the historic preservation plan for said district as duly adopted by the City Plan Commission.

(c)

Regulation of Demolition. No person in charge of a landmark or improvement in a historic district shall be granted a permit to demolish such property without review and recommendation by the Historic Preservation Commission to the City Plan Commission.

(d)

Recognition of Landmarks and Landmark Sites. At such time as a landmark or landmark sites has been properly designated in accordance with Sections 17.11-6 and 17.11-7, 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 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 Historic Preservation Commission. In 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 Historic Preservation Commission.

(2)

Other Duties of the Historic Preservation Commission. In addition to those duties already specified in this section, the Historic Preservation Commission shall:

(a)

Actively work for the passage of enabling legislation which would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this section in order to encourage landmark owners to assist in carrying out the intent of this chapter.

(b)

Cooperate with the State of Wisconsin Historic Preservation Officer and the State Historic Preservation Review Board in attempting to include such properties designated as landmarks or landmark sites, or historic districts on the National Register of Historic Places.

(c)

Work for the continuing education of the citizens about the historic heritage of the City of Elkhorn and the landmarks and landmark sites.

(d)

As it deems advisable, receive and solicit funds for the purpose of landmarks preservation in the City. Such funds shall be placed in a special City account for such purpose.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

For the purposes of this chapter, a landmark or landmark site 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 or cultural significance to the City of Elkhorn, such as historic structures or sites 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 specimen, inherently valuable for a 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 information important to prehistory or history.

(2)

The Historic Preservation Commission may adopt specific operating guidelines for landmark and landmark sites designation providing such are in conformance with the provisions of this section.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Designation of Landmarks, Landmark Sites and Historic Districts.

(a)

The Historic Preservation Commission may, after notice and public hearing, recommend to the City Plan Commission designation or recission of landmarks, landmark sites and historic districts, after application of the criteria in Section 17.11-6. At least 10 days prior to such hearing, the Historic Preservation Commission shall notify the owners of property in whole or in part situated within 200' of the boundaries of the property affected. These owners shall have the right to confer with the Historic Preservation Commission prior to its recommendation to the City Plan Commission on the designation. Notice of such hearing shall also be published as provided in Section 17.13-5.

(b)

The Historic Preservation Commission shall also notify the Engineering Department, the Department of Public Works, Park Board, Fire and Police Departments, Community Development Department and the City 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.

(c)

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.

(d)

Within 10 days after the close of the public hearing, the Historic Preservation Commission may recommend designation of the property as either a landmark or landmark site, or its inclusion in an historic district to the City Plan Commission, or recommend to the City Plan Commission to rescind the designation. After the recommendation has been made, 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, Community Development Department, and the City Assessor.

(e)

The Historic Preservation Commission shall cause the City Plan Commission approved designation or rescission to be recorded, at City expense, in the Walworth County Register of Deeds office.

(2)

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 Historic Preservation Commission. The Historic Preservation Commission may assist the owner in preparing such covenant in the interest of preserving the landmark or landmark site and the owner shall cause to be recorded such covenant in the Walworth County Register of Deeds office, and shall notify the City Assessor of such covenant and the conditions thereof.

(3)

Creation of a Historic District.

(a)

For preservation purposes, the Historic Preservation Commission may recommend to the City Plan Commission that certain geographically defined areas within the City of Elkhorn be designated as historic districts under the provisions as outlined in Section 17.4-19. A historic district may be recommended by the City Plan Commission which meets those criteria contained in Section 17.11-6. Each historic district recommended by the Historic Preservation Commission shall be supported by a Historic Preservation Plan for the district, which plan shall include a cultural and architectural analysis supporting the historic significance of the district and a statement of preservation objectives.

(b)

Public Hearing. The Historic Preservation Commission shall hold a public hearing when considering the plan for a historic district. Notice of the time, place and purpose of such hearing shall be given pursuant to Section 17.13-5. Notice of time, place and purpose of the public hearing shall also be sent by the City Clerk to the Alderman of the Aldermanic District or Districts in which the historic district is located, and the owners of record, as listed in the office of the City Assessor, who are owners of property situated in whole or in part within 200' of the boundaries of the proposed historic district. The notice is to be sent at least 10 days prior to the date of the public hearing. 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 City Plan Commission.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Every person in charge of any landmark, landmark site or improvement in a historic district shall maintain same or cause to permit it to be maintained in a condition consistent with the provisions of this section. Insofar as they are applicable to a landmark, landmark site or improvement in a historic district, designated under this section, any provision of the Plumbing Code, the Minimum Housing and Property Maintenance Code, Building Code, Heating, Ventilating and Air Conditioning Code, may be varied or waived, on application, under the Wisconsin Historic Building Code WI 55 101.121 and 44.44, provided such variance or waiver does not endanger public health or safety.

(2)

Nothing contained in this section shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any improvement on a landmark site or in a historic district pursuant to order of any governmental agency or pursuant to any court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the Historic Preservation Commission or Plan Commission shall be required.

(Ord. No. 14-05, §§ 1, 2, 2014.)

No building permit shall be issued 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 nomination by the Historic Preservation Commission or the City Council unless such alteration, removal, or demolition authorized by formal resolution of the Common Council as necessary for public health, welfare or safety. In no event shall delay be for more than 180 days.

(Ord. No. 14-05, §§ 1, 2, 2014.)

Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided in Section 25.04 of the Municipal Code.

(Ord. No. 14-05, §§ 1, 2, 2014.)