(a)

Purpose. 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 article and Division 5 of Article II of this chapter is to:

(1)

Effect and accomplish the protection, enchantment, and perpetuation of such improvements, sites, and districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural history.

(2)

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

(3)

Foster civic pride in the notable accomplishments of the past.

(4)

Stabilize and improve property values.

(5)

Protect and enhance the City's historic districts, structures, and sites for the benefit of residents, tourists, and visitors and serve as a support and stimulus to business and industry.

(6)

Improve and enhance the visual and aesthetic character of the City.

(7)

Educate the public regarding the need and desirability of a City historic preservation program and its enhancement of the quality of life.

(b)

Definitions. The terms and definitions in Section 44-168(b) apply to this section.

(Code 1984, § 13.1501; Ord. No. 18-18, § 2(13-1501), 8-21-2018)

Pursuant to the provisions of Wis. Stats. § 62.23(7)(em) as it may be amended from time to time, the Landmarks Commission (LC) may after notice and public hearing designate a structure, site, or district as historic.

(1)

Standards for designation. The designation may be applied to any area of particular historic, architectural, archaeological, or cultural significance to the City, including those that:

a.

Exemplify or reflect the broad cultural, political, economic, or social history of the nation, State, or community;

b.

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

c.

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

d.

Are representative of the notable works of master builders, designers, or architects who influenced their age;

e.

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

f.

Historic structures and sites which are on the National or State Register of Historic Places shall be designated as a City historic structure or site.

(2)

The LC may adopt specific operating guidelines for historic structure, historic site, and historic district designation providing such are in conformance with this Article and Division 5 of Article II of this chapter.

(Code 1984, § 13.1502; Ord. No. 18-18, § 2(13-1502), 8-21-2018)

The Landmarks Commission (LC) may after notice and public hearing nominate to the Common Council parcels for historic structure, site or district designation, or recommend rescinding such designation previously made upon application of the criteria herein. No such nomination or recommendation shall be final until approved by the Common Council. The procedure for designation of a historic district may be initiated by the LC or by property owners wishing to be included within a historic district.

(1)

The LC shall notify the owners of record by first class mail, as listed in the office of the City Assessor, of all properties proposed for designation or inclusion within a proposed district and all properties within 100 feet of the proposed site or district's boundaries. These owners may confer with the LC prior to final action on the designation.

(2)

The LC shall notify all Alderpersons of the proposed district, the Mayor, Director of Public Works, Director of Parks and Recreation Department, Development Services Manager, Zoning Administrator, and the Director of the Department of Community and Economic Development. Each may respond to the LC with its comments on the proposed designation at or prior to the hearing.

(3)

The LC shall conduct the public hearing. It may call witnesses, including experts, and may subpoena such witnesses and records as it deems necessary. The LC may view the properties in question and direct the conduct of an independent investigation into the proposed designation or rescission.

(4)

After the close of the public hearing, the LC shall make and forward a recommendation to the Common Council. The owners of record of the above-referenced properties shall be notified in writing by the LC of the date, time, and place the Common Council will act on its recommendation.

(5)

The Common Council shall approve or deny the recommendation of the LC.

(6)

Upon approval by the Common Council of any nomination or recommendation of the LC, the historic structure, site, or district shall be designated as such on or removed from the City's official zoning map.

(Code 1984, § 13.1503; Ord. No. 18-18, § 2(13-1503), 8-21-2018; Ord. No. 11-19, § 2, 3-5-2019)

At such time as a historic structure or site has been properly designated and approved in accordance with this section, the Landmarks Commission (LC) may allow and/or cause to be prepared and erected on such structure or site a suitable plaque identifying the structure or site and placed so as to be easily visible to passing pedestrians.

(1)

In the case of a historic structure, the plaque shall state the accepted name of the structure, the date of its construction, and other information deemed appropriate by the LC and acceptable to the owner.

(2)

In the case of a historic site that is not the site of a historic structure, the plaque shall state the common name of the site and such other information deemed appropriate by the LC.

(3)

In the case of a historic district, a marker or sign shall state the name of the district and such other information deemed appropriate by the LC.

(Code 1984, § 13.1504; Ord. No. 18-18, § 2(13-1504), 8-21-2018)

A designated historic district shall be considered an overlay district that is in addition to the underlying base zoning. Provisions for specific uses within the base district may be modified, and specific guidelines for design review may be added through the historic district preservation plan, as provided in Section 44-1551.

(Code 1984, § 13.1505; Ord. No. 18-18, § 2(13-1505), 8-21-2018)

In conjunction with the creation of a historic district, the Landmarks Commission (LC), with the assistance of the Planning Department, shall prepare a historic preservation plan for the district. The plan shall include the following:

(1)

A statement of preservation objectives.

(2)

A cultural and architectural analysis supporting the historic significance of the area and any specific guidelines for development.

(3)

An inventory of buildings that contribute to the distinctive architectural or special historic character of the district as a whole (contributing buildings) and buildings that do not so contribute (non-contributing buildings).

(4)

Guidelines applicable to renovation of existing buildings and structures, to any new construction, and to site improvements within the district. The general guidelines in Section 44-1555 should be supplemented with more specific guidelines based upon the cultural and architectural character of the district.

(Code 1984, § 13.1506; Ord. No. 18-18, § 2(13-1506), 8-21-2018)

The Landmarks Commission (LC) shall have the following powers and duties:

(1)

Designation of historic structures, historic sites, and historic districts. The LC shall have the power, subject to Section 44-1548, to recommend designation of historic structures, historic sites, and historic districts within the City limits. Such recommendations for designation shall be based on Sections 44-170 and 44-1547. Approval by the Common Council results in historic structure, historic site, or historic district designation. Once designated, such historic structures, sites, and districts shall be subject to all provisions of this article and Division 5 of Article II of this chapter.

(2)

Regulation of construction, reconstruction, alteration, and demolition.

a.

No owner or person in charge of a designated historic structure, designated historic site, or a structure within a designated historic district shall reconstruct, alter, or demolish all or any part of the exterior of such property, or construct any improvement upon such property, or cause or permit any such work to be performed upon such property, or demolish such property unless a certificate of appropriateness (COA) has been granted. A COA is the certificate issued by the LC, the Director of Community and Economic Development, or their designee, approving alteration, rehabilitation, construction, reconstruction, or demolition of a designated historic structure, designated historic site, or a site or structure located in a designated historic district. Unless a COA has been granted, the Development Services Manager shall not issue a permit for any such work.

b.

Upon filing of any application for a COA with the LC, the LC shall approve the application unless:

1.

In the case of a designated historic structure or designated historic site, 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 construction of a new improvement upon a designated historic site or within a designated 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;

3.

In the case of any property located in a designated historic district, the proposed construction, reconstruction, exterior alteration, or demolition does not conform to the purpose and intent of this article and Division 5 of Article II of this chapter, or to the objectives and design criteria of the historic preservation plan for said district;

4.

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 or State;

5.

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.

If the LC determines that the application for a COA and the proposed changes are consistent with the character of the features of the property or district, it shall issue the COA. The LC shall make this decision within 30 days of the filing of the application. If the LC is unable to make a decision within 30 days, the Director of Community and Economic Development, or their designee, shall make the decision.

d.

The issuance of a COA 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 a COA required for the proposed work.

e.

A COA expires one year from the issuance date.

f.

Ordinary maintenance and repairs may be undertaken without a COA, provided that the work involves repairs to existing features of a historic structure or structure within a designated historic district. A COA is not required for the replacement of elements of a structure with pieces identical in material and appearance, 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.

g.

Work done without a COA.

1.

If a COA is not obtained prior to the commencement of work, a fee will be assessed as provided in the City Fee Schedule.

2.

When work or demolition has been done upon a designated historic structure, designated historic site, or structure within a designated historic district without a COA, and the LC finds that the work or demolition requires a COA but does not qualify for a COA, that work or demolition constitutes a violation of this article and the LC may require the owner to restore the structure or site to the condition the structure or site was in before the inappropriate work was conducted or modify the work so that it qualifies for a COA. Any owner who fails to restore work or demolition as ordered by the LC, in accordance with this section, shall forfeit not less than $1.00 nor more than $1,000.00. Any owner who violates this section within 24 months after committing a previous violation of this section shall forfeit not less than $200.00 nor more than $2,000.00.

3.

If the owner does not comply with the restoration or modification requirement within 60 days, the LC may seek an order from the Circuit Court to require the owner to restore the structure or site to its former condition or to modify the work so that it qualifies for a COA.

4.

If the owner does not comply or cannot comply with the order of the court, the LC or its agent may elect to, but is not required to, enter the property and conduct work necessary to restore the structure or site to its former condition or modify the work so that it qualifies for a COA in accordance with the court's order. The cost of the work shall be charged to the owner and may be levied by the City as a special assessment against the property. When acting pursuant to said order of the Circuit Court, the LC or its agents may enter a property for purposes of this section.

(3)

Appeals. Should the LC or their designee fail to issue a COA due to the failure of the proposal to conform to the requirements and guidelines of this article and Division 5 of Article II of this chapter and applicable guidelines, the applicant may appeal such decision to the Common Council within 30 days. In addition, if the LC fails to issue a COA, the LC shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a COA within the requirements and guidelines of this article and Division 5 of Article II of this chapter.

(4)

Demolition by neglect. Neglect in maintaining, repairing, or securing a designated historic structure, designated historic site, or a structure in a designated historic district that results in deterioration of an exterior feature of the structure or site or the loss of structural integrity of the structure or site constitutes demolition by neglect. Upon a finding by the LC that a designated historic structure, designated historic site, or structure in a designated historic district is threatened by demolition by neglect, such neglect constitutes a violation of this article and the LC may do either of the following:

a.

Require the owner of the property to repair all conditions contributing to demolition by neglect; or

b.

If the owner does not make repairs within 60 days, the LC or its agent may elect to, but is not required to, enter the property and make such repairs as are necessary to prevent demolition by neglect, provided:

1.

That an estimate of the anticipated cost is provided to LC and it authorizes going forward with the repairs, designating a source of the funds to be made available.

2.

The LC, through grants, donations, or other efforts on its own, provides the funding necessary to accomplish the necessary repairs. Such funds shall be handled and accounted for in accordance with subsection (12) of this section.

3.

The costs of the work shall be charged to the owner, and may be levied by the City as a special assessment against the property. The LC or its agents may enter the property for purposes of this section upon obtaining an order from the Circuit Court. All funds recovered from a property owner pursuant to this provision shall be returned to the same source from which it was obtained.

(5)

Develop appropriate criteria and standards for identifying and evaluating neighborhoods, areas, places, structures, and improvements within the City which have distinctive character of special historic, aesthetic, architectural, archaeological, or cultural interest or value and might be classified as historic sites, structures, or districts.

(6)

Conduct studies and surveys of neighborhoods, areas, places, structures, and improvements within the City for the purpose of determining those of a distinctive character or special historic, aesthetic, architectural, archaeological, or cultural interest or value and of compiling appropriate descriptions, facts, lists, and files.

(7)

Promote public education, interest, and support for the preservation and enhancement of such historic sites, structures, or districts.

(8)

Cooperate with and advise the Common Council and other agencies and departments of government with regard to such matters as may be appropriate with respect to historic sites, structures, or districts.

(9)

Cooperate with and enlist assistance from the National Trust for Historic Preservation, the State Historical Society, the County Historical Society, and other agencies, groups, or individuals active in the field of historic and cultural preservation.

(10)

Work on a voluntary basis with the owners of historic sites and structures advising them on the benefits, problems, and techniques of preservation and encouraging their participation in preservation activities.

(11)

Nominate those neighborhoods, areas, places, structures, and improvements of special historic, aesthetic, architectural, archaeological, or cultural significance to the National Register of Historic Places if appropriate.

(12)

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

(Ord. No. 18-18, § 2(13-1507), 8-21-2018; Ord. No. 11-19, §§ 3, 4, 3-5-2019)

No owner or person in charge of a historic site, historic structure, or site or structure within a historic district shall construct or alter any part of the structure or site, and no building permit shall be issued for the structure or site until design review has been completed and a certificate of appropriateness (COA) has been issued.

(1)

Intent. Design review is binding in nature. The general guidelines in Sections 44-1555 and 44-1556 and any specific guidelines developed for the historic district in question shall be used in design review.

(2)

Applicability. The following applications for designated historic sites, designated historic structures, or sites within designated historic districts, or structures within designated historic districts shall be subject to design review:

a.

Applications which involve modification of the physical configuration of a property, such as the erection of a new building, the demolition of an existing building, or the expansion of an existing building.

b.

Applications that involve a change in the exterior appearance of a property, such as roofing, siding, window replacement, fencing, paving, or signage.

c.

Any other application requiring a building permit from the Department of Community and Economic Development, with the exception of interior alterations that will not change the exterior appearance of the structure.

(3)

Maintenance and repairs permitted. Ordinary exterior maintenance, painting, and repairs may be undertaken without a review and recommendation by the Landmarks Commission (LC), provided that:

a.

The work involves repairs to existing features of a historic structure or site or replacement of elements of a structure with pieces identical in material and appearance.

b.

Provided that the work does not change the exterior appearance of the structure or site.

c.

Sandblasting of any exterior surface is prohibited. Other types of abrasive exterior cleaning including, but not limited to, and media blasting or water blasting with any media additive, or corrosive cleaning including, but not limited to, muriatic acid wash, are also prohibited unless specifically approved prior to work by the LC.

(4)

Building permit required. A building permit is required for applications that are subject to design review.

(5)

Authority to issue COA. The LC and, in certain limited cases described below, the Director of Community and Economic Development, or their designee, may issue a COA in accordance with this section.

a.

The Director, or their designee, may issue a COA in the following cases:

1.

Roof repair/replacement.

2.

Gutter repair/replacement.

3.

Private sidewalk and driveway repair/replacement of the same dimensions and orientation.

4.

Chimney repair and tuckpointing according to the Secretary of the Interior Standards and in appropriate color and design.

5.

Installation of fences.

6.

Storm window or storm door repair or replacement.

7.

Installation of glass blocks in basement window openings.

8.

Painting of existing unpainted brick.

9.

Unattached accessory structures.

10.

Replacement of existing siding with identical siding.

11.

Replacement or repair to porches identical to existing style and materials.

12.

Commercial sign installation or replacement .

13.

Installation of cell or utility towers.

14.

Rooftop alterations or mechanicals not visible from the public right-of- way.

15.

Repair or replacement of decks, porches, or balconies not visible from the public right-of-way.

16.

Installation of skylights on the roof.

b.

If a COA cannot be approved administratively, it shall be denied by the Director or their designee. This decision may be appealed to the LC.

(Code 1984, § 13.1507; Ord. No. 31-09; Ord. No. 18-18, § 2(13-1508), 8-21-2018; Ord. No. 10-25, § 1, 6-24-2025)

(a)

Any application for a permit from the Department of Community and Economic Development shall also be filed with the Landmarks Commission (LC).

(b)

As part of the application, the applicant shall submit a detailed description of the proposed construction, reconstruction, or alteration, together with any architectural drawings if those services have been utilized, along with a description of the construction or alteration sufficient to enable the LC to evaluate the final appearance of the structure. Photos and/or material samples are required as part of the application.

(c)

Design review shall be conducted concurrent with site plan review, as specified in Article XIX of this chapter, Site Plan Review, when site plan review is required.

(d)

Property owners within 100-feet of the subject property will be notified of the Design Review if the COA is being reviewed by the LC.

(e)

After the filing of any application, the LC shall issue a certificate of appropriateness (COA) subject to the requirements of Section 44-1553. During the period of review, the Commission will work with the applicant to preserve the historical attributes of the building, structure, or site. If the LC does not issue a COA based on the requirements of Section 44-1553, the LC shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a COA within the requirements and guidelines of this article and Division 5 of Article II of this chapter.

(Code 1984, § 13.1508; Ord. No. 18-18, § 2(13-1509), 8-21-2018)

The Landmarks Commission (LC) will consider the following factors in arriving at its recommendation:

(1)

Whether there is a change in use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

Whether the historic character of the property will be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3)

Each property shall be recognized as a physical record of its time, place, and use and maintaining features and architectural elements of the period shall be encouraged.

(4)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(5)

Deteriorated historical features should be repaired rather than replaced, where feasible. Where replacement is necessary, the new feature shall match the old in design, color, texture and other visual qualities, and, where possible, materials.

(6)

The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest methods possible. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used.

(7)

New additions, exterior alterations, or related new construction should not destroy historic materials that characterize the property. The new work should 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.

(8)

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.

(9)

The Secretary of the Interior's Standards for Rehabilitation (36 CFR 67 and 68, as amended).

(Code 1984, § 13.1509; Ord. No. 18-18, § 2(13-1510), 8-21-2018)

The following elements shall be visually compatible with the contributing buildings and environment to which they are visually related and with the architectural style of the district, where applicable:

(1)

Building height.

(2)

Building volume and massing.

(3)

On the street elevation of a building, the proportion between the width and height in the facade.

(4)

The proportions and relationships between doors and windows in the street facade.

(5)

The directional expression of the street facade (horizontal or vertical expression).

(6)

Exterior building materials.

(7)

Roof design and shape.

(8)

Landscape plan, off-street parking and drives, fencing, and other aspects of site design.

(Code 1984, § 13.1510; Ord. No. 18-18, § 2(13-1511), 8-21-2018)

The following standards shall be considered:

(1)

Whether the building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest.

(2)

Whether the structure, when in a historic district, although not itself a historic structure, contributes to the distinctive character of the historic district as a whole and, therefore, demolition would be detrimental to the public interest.

(3)

Whether the demolition of the structure would be contrary to the objectives of the historic preservation plan for the applicable historic district, where applicable.

(4)

Whether the structure is of such old, unusual, or uncommon design, texture, and/or material that it could not be reproduced or could be reproduced only with great difficulty and/or expense.

(5)

Whether the structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided that any hardship or difficulty claimed by the owner, which is self-created or the result of any failure to maintain the structure in good repair, cannot qualify as a basis for the issuance of a demolition permit.

(6)

Whether the denial of the application would deny the owner of the structure all economically-viable use of the property.

(Code 1984, § 13.1511; Ord. No. 18-18, § 2(13-1512), 8-21-2018)

No building permit shall be issued by the Development Services Manager for alteration, construction, demolition, or removal of a nominated historic structure, a nominated historic site, or any property or structure within a proposed historic district from the date of the first notice of public hearing by the Landmarks Commission (LC) until final disposition by the LC or Common Council, unless such action is authorized by formal resolution of the Common Council as necessary for public health, welfare, or safety. The period of delay shall not exceed 90 days.

(Code 1984, § 13.1512; Ord. No. 18-18, § 2(13-1513), 8-21-2018)

Any person or persons violating any provision of this article or Division 5 of Article II of this chapter, shall forfeit no less than $50.00 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 Development Director or their designee. Forfeiture amounts shall be established by Common Council.

(Ord. No. 18-18, § 3(13-1514), 8-21-2018; Ord. No. 11-19, § 5, 3-5-2019)

Nothing contained in this chapter shall prohibit the making of emergency repairs to a historic building in compliance with an order of any governmental agency or court of law to remember conditions determined to be dangerous and a substantial threat to life, health or property. In addition, nothing contained in this chapter shall prohibit the demolition of a historic building which has been condemned in accordance with the provisions of Wis. Stats. § 66.0413(3). In any such cases, no approval from the LC shall be required. A building official shall send a copy of any emergency order or demolition permit affecting a historic building to the LC at the time that such order or permit is issued.

(Ord. No. 18-18, § 3(13-1515), 8-21-2018)