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, archeological 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 preservation of such improvements and sites which represent or reflect elements of the city's cultural, social, economic, political and architectural history.

(b)

Safeguard the city's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures and sites.

(c)

Stabilize and improve property values, and enhance the visual and aesthetic character of the city.

(d)

Protect and enhance the city's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

As used in this chapter, the following terms shall mean:

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

Commission. The historic preservation commission created under section 2.4.6.

Historic district. A geographically definable area with a significant concentration of buildings, structures, sites, spaces, or objects unified by past events, physical design, setting, materials, workmanship, sense of cohesiveness, or related historical and aesthetic associations.

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 chapter, or an improvement parcel, or part thereof, on which 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.

Historic structure. Any improvement which has a special character or special historic interest or value as part of the development, heritage, or cultural characteristics of the city, state, or nation and which has been designated as a historic structure pursuant to the provisions of this chapter.

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. 24-05, § 3, 1-22-2024)

The city historic preservation commission, created in section 2.4.6 of these ordinances, enabled pursuant to Wis. Stat. § 44.44 or any successor statute, shall follow the criteria outlined in this chapter.

(Ord. No. 24-05, § 3, 1-22-2024)

(a)

Criteria. For purposes of this chapter, designation of a historic structure, site, or district may be placed on any site, natural or improved, including any building, improvement or structure, or groupings of buildings, improvements or structures located thereon, or any area of particular historic, architectural, archeological, or cultural significance to the city, 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; or

(2)

Are identified with historic personages or with important events in national, state, or local history; or

(3)

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous material or craftsmanship; or

(4)

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

(b)

Operating guidelines. The commission shall adopt specific operating guidelines for historic structure and site designation, providing such are in conformance with the provisions of this chapter.

(c)

Procedures.

(1)

The petition for the nomination or rescission of the designation of an historic structure, site, or district shall be made on a form provided by the commission by only an owner of the proposed historic structure or site, a member of the common council or the commission as a whole.

(2)

The commission may, after notice and public hearing, recommend the designation of historic structures, sites, or districts, or recommend rejection of such designation, after applying the criteria enumerated in subsection (a), above. At least ten days prior to such hearing, the commission shall notify the owners of record, as listed in the office of the city assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.

(3)

The commission shall then conduct such public heating and, in addition to the notified person(s), 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. Within ten days after the close of the public hearing, the commission may recommend designation of the property as either a historic structure, site, or district, or recommend rejection of such proposed designation. Notification of such recommendation shall be immediately sent to the common council for appropriate consideration and to the property owner or owners of the affected structure, site, or district.

(4)

The common council, upon receipt of the recommendation from the historic preservation commission, shall hold a public hearing, notice to be given as noted in subsection (c)(2) above, and shall, following the public hearing, either designate through approval or reject historic designation of the structure, site, or district.

(5)

After historic designation has occurred, notification shall be sent to the property owner or owners, shall be recorded at city expense with the county register of deeds, posted to the city website, and shall also be given by the city clerk to the following:

a.

Wisconsin State Historic Preservation Officer;

b.

Building inspection department;

c.

Plan commission;

d.

City assessor.

(6)

At such time as a historic structure, site, or district has been properly designated, the commission, in cooperation with the property owner(s), may cause to be prepared and erected on such property, a suitable plaque declaring that such property(s) is/are a historic structure, site, or district.

(Ord. No. 24-05, § 3, 1-22-2024)

Editor's note— Ord. No. 24-05, § 3, adopted Jan. 22, 2024, amended § 13.4.4 and in doing so changed the title of said section from "Historic structure and site designation criteria; operating guidelines; procedures" to "Historic structure, site, or district designation criteria; operating guidelines; procedures," as set out herein.

(a)

Regulation. No owner or person in charge of a historic structure, site, or district, shall reconstruct, alter, or demolish all or any part of the exterior of such property, or construct any improvement upon such designated property(s), or cause or permit any such work to be performed upon such property(s), or demolish such property(s) unless a certificate of appropriateness has been granted by the historic preservation commission, nor shall the building inspector issue a permit for any such work unless such certificate has been granted.

(b)

Criteria. Upon filing of any application for a certificate of appropriateness with the commission, the commission shall approve the application unless:

(1)

The proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;

(2)

In the case of the construction of a new improvement upon a historic site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site.

(3)

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 city and state.

(4)

In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.

(c)

Procedures.

(1)

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, it shall issue the certificate of appropriateness.

(2)

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. 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.

(3)

Should the commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, 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.

(4)

Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided that the work involves repairs to existing features of a 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.

(d)

Appeal. Should the commission reject the application for a certificate of appropriateness, due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the common council within 30 days.

(Ord. No. 24-05, § 3, 1-22-2024)

(a)

Interim regulations. No building permit shall be issued by the building inspector for alteration, construction, demolition, or removal of a nominated historic structure or site 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 common council, unless such alteration, removal or demolition is authorized by formal resolution of the common council as necessary for public health, welfare, or safety. In no event shall the delay be for more than 180 days.

(b)

Penalties. Pursuant to Wis. Stat. § 62.23(7)(f), any person or persons violating any provision of this chapter shall be fined $50.00 for each 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.

(Ord. No. 24-05, § 3, 1-22-2024)