This article is enacted pursuant to state mandate as more particularly appearing in Wis. Stats. § 62.23(7)(em).

(Ord. No. 566-12, § 1, 2-13-2012)

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. The purpose of this article is to:

(1)

Effect and accomplish the protection, enhancement and preservation 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 or cultural heritage, as embodied and reflected in its historic structures, sites and districts;

(3)

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

(4)

Protect and enhance the city's attraction for residents, tourists and visitors, and serve as a support and stimulus to the city's businesses and industries.

(Ord. No. 566-12, § 1, 2-13-2012)

Pertinent definitions are as follows:

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

Commission means the historic preservation commission of the city, as created by this article.

Council means the City Council of the City of Kewaunee.

Historic district means an area designated by the council, on recommendation of the commission, that contains two or more historic structures, improvements or sites, the boundaries which are depicted on a map and available to the public in the office of the city clerk.

Historic site means any parcel of land of historic significance due to its value in tracing the history or pre-history of man or upon which a historic event has occurred, and which has been designated as a historic site under the provisions of this article; 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 means any building, structure, 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.

Improvement means any improvement which has a special character or special historic interest or value as a 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 article.

(Ord. No. 566-12, § 1, 2-13-2012)

Cross reference— Definitions generally, § 1-2.

Any person or persons violating any provision of this article shall be subject to the uniform penalty provisions of this Code, or any other legal remedy available according to law. 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 or a police officer.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Established; membership. A historic preservation commission is hereby created consisting of seven members. Preference for membership should be given as follows, if such members are available within the community and willing to serve:

(1)

One registered architect, design professional, or civil engineer.

(2)

One historian, known in the community to have interest in local history.

(3)

One licensed real estate broker.

(4)

One alderman.

(5)

Three citizen members representing different districts of the city with an interest in historic preservation.

(b)

Appointment of members. Members shall be appointed/elected at a council organizational meeting(s) as follows:

(1)

The architect, design professional, or engineer shall be appointed by the mayor to serve a three-year term, subject to confirmation of the council.

(2)

The historian shall be appointed by the mayor to serve a three-year term, subject to confirmation of the council.

(3)

The real estate broker shall be appointed by the mayor, subject to confirmation of the council, and it is proposed that such members serve one-year terms only to allow representation to be rotated among brokers in the community.

(4)

The alderman shall be appointed by the council for one year.

(5)

One citizen member shall be appointed by the mayor from residents of the Marquette Historic District for a three-year term.

(6)

The remaining two citizen members at large shall be appointed by the mayor from different and separate aldermanic districts, one for a two-year term and one for one year.

(7)

Additional citizen members shall be appointed for one year when a representative of the specified professions or a person of specified characteristics is not available to serve.

(8)

In addition, the commission is encouraged to call upon members of the community whose professions or experience would make them a valuable resource. It is understood that such citizens would serve voluntarily and without compensation.

(9)

In case of a vacancy, the mayor shall appoint a successor to fill the unexpired term, subject to confirmation of the council.

(c)

Compensation of members. Members of this commission shall not be compensated for services, but may be reimbursed for individual expenses incurred for commission activity, as the council may direct. Any such reimbursement would be from city funds.

(d)

Officers. The commission shall elect one member as chairman and one member as secretary.

(e)

Meetings. Meetings of the commission shall be held as the commission may establish to best serve its purposes. Time and place of meetings, as well as the manner of calling special meetings, shall be specified in the rules of procedure adopted by the commission.

(f)

Rules of procedure. Four members shall constitute a quorum. The chairman, or acting chairman, shall be entitled to a vote and shall be considered in determining a quorum. When a quorum is present, action shall be by majority of those voting. The commission shall adopt rules of procedure for governing the conduct of its meetings.

(g)

Powers and duties. The commission shall be charged with carrying out the intent and purpose of this article and the duties and responsibilities set forth herein.

(Ord. No. 566-12, § 1, 2-13-2012)

For purposes of this article, a historic structure, a historic site, or a historic district designation may be placed on any natural or improved site, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological, or cultural significance to the city, providing such structures, sites or districts have the following qualifications:

(1)

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

(2)

Are identified with historic persons 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, or are representative of the notable work of a master builder, designer, or architect who influenced the age; or

(4)

Have yielded, or may be likely to yield, important information about pre-history or history.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Designation powers. Any and all designations of "historic," whether applied to structures, sites or districts, shall be based on the criteria set forth in this article and any amendments subsequently made to it.

(1)

Powers of commission. The commission shall have the power, pursuant to this article, to recommend to the council the designation of historic structures and/or sites, and to recommend designation of historic districts within the city.

(2)

Powers of council. Designation of historic structures and/or sites, and approvals and designations of historic districts and historic preservation plans therefor, require action by the council in accordance with the procedures set forth in this article.

(b)

Preservation guidelines. The commission shall adopt specific operating guidelines for historic structure, site, and district designation as well as guidelines for preservation, restoration, enhancement of significant character of designated historic places, structures and sites.

(c)

Regulation of construction, reconstruction, alteration, or demolition; certificate of appropriateness.

(1)

Certificate of appropriateness required. No owner or person in charge of a historic structure, historic site, or historic 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 any such work to be performed by others upon such property, or demolish such property, unless a certificate of appropriateness has been granted by the commission pursuant to application therefor. Also, unless such certificate has been granted by the commission, the building inspector shall not issue a permit for any such work.

(2)

Grounds for denial of certificate of appropriateness. The commission shall not recommend a certificate of appropriateness whenever any of the following conditions are found to exist:

a.

In the case of the proposed construction of a new improvement upon a historic site, or within a 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 such district.

b.

In the case of any property located in a historic district: The proposed construction, reconstruction, exterior alteration, or demolition does not conform to the purpose and intent of this article and to the objectives and design criteria of the historic preservation plan for said district.

c.

In the case of the demolition of the whole or part thereof is proposed: The building or structure is of such architectural or historical significance that the proposed demolition would be detrimental to the public interest and contrary to the general wishes of the people of the city and state.

d.

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

e.

In the case of a request for demolition of a public building or structure previously designated as historic or located within a historic district: A letter of intent must be filed with the appropriate state agency.

f.

In the case of a designated historic structure or 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.

(3)

Recommendation of certificate by commission. A certificate of appropriateness shall be recommended whenever the proposed changes are consistent with the character and features of the property or district. The commission shall make its decision within 45 days of the filing of the application and provide the rationale for its decision in writing.

(4)

Issuance of building permits. Upon receipt of a certificate of appropriateness, the applicant shall present the certificate to the proper authority for issuing a building permit. 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.

(5)

Exemption for ordinary maintenance and repairs. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involved does not require a building permit. Such maintenance and repairs would require replacement of elements of a structure with pieces which do not visually alter the exterior appearance of the structure or site.

(6)

Duty of owner and occupant to maintain structures and sites. A "historic" designation of any structure or site pursuant to this article, or the very location of any structure or site within an officially designated historic district, carries with it the added responsibility upon the owner and/or occupant of good husbandry regarding repair and maintenance of the structure or site. Failure to properly repair or maintain the same shall constitute a violation and be subject to penalties as stipulated in section 94-414.

(d)

Appeals of certificate of appropriateness decisions. Any party aggrieved by the decision on a certificate of appropriateness may appeal such decision after 30 days and not more than 60 days after the decision of the commission to the common council. Within 45 days after the filing of such appeal the common council will consider the appeal. After review, the council will either reverse or affirm the decision of the commission and have the commission issue a certificate of appropriateness, if appropriate, or the council will issue its reasons for denial.

(e)

Plaques and markers. At such time as a historic structure, site or district has been properly designated, the commission, with the cooperation of the property owner, may cause to be prepared and erected on such property, at city expense, a suitable plaque or marker declaring the property as a historic structure, site or district.

(Ord. No. 566-12, § 1, 2-13-2012; Ord. No. 618-2020, § 2, 11-9-2020)

Designations of structures and/or sites or of historic districts require consideration by the commission and council; final designation is issued by the authority of the council. Their respective participation in the procedures are as follows:

(1)

Recommendation by plan commission.

a.

Historic structures and historic sites.

1.

Application/nomination. Upon application for "historic" designation of a particular structure and/or site, by the owner or other applicant, the commission shall consider the request and gather all available information pertaining to the qualifications of such structure or site for "historic" designation.

2.

Recommendation. If, in the opinion of a majority of the commission voting, the structure and/or site appears to meet the criteria appearing in this article, it shall adopt a resolution recommending to the council the approval of a "historic" designation therefor. If, however, a majority of the commission voting finds that the nominated structure and/or site fails to meet "historic" criteria, the commission may decline to send the matter to the council. The commission shall notify the applicant(s) of such decision within 30 days of such a vote. If the applicant desires that the application be referred to the council over the objections of the commission, the applicant may advance estimated publication fees to the city administrator, who will submit the application, together with a report (or copy of the commission's minutes) which sets forth the commission's reason(s) for not recommending approval.

b.

Historic districts.

1.

Initiation. For preservation purposes, geographical area(s) containing two or more structures and/or sites considered to meet, or previously found by the commission to meet, "historic" designation may be selected by the commission for ultimate recommendation to the city council for historic district designation. Motivation for such designation may come by way of application by the property owner(s) of proposed or previously designated historic structures or sites, by other interested citizen(s), or upon the initiative of the commission itself.

2.

Consideration and recommendation; historic preservation plan.

i.

Before recommending entire districts to the council for "historic" designation, a minimum of two structures and/or sites within such contemplated district should have already been designated as "historic."

ii.

Prior to its recommendation to the council of a proposed historic district, the commission shall cause to be prepared a historic preservation plan for the designated area which shall include a cultural and architectural analysis supporting the historic significance of the area, specific guidelines for its preservation and development, and a statement of preservation objectives for the historic district. The party(ies) proposing "historic" designation for a district shall bear the cost of preparing such a plan.

(2)

By common council.

a.

Notice of hearing. The city administrator, upon receipt of favorable recommendation from the commission for designation of historic structure and/or site, or for designation of historic district, shall cause a notice to be published as a class 2 notice under Wis. Stats. ch. 985, of the date, time, place and purpose of public hearing before the council on the proposed historic structure and/or site designation or historic district designation and plan. At least ten days prior to such hearing, owner(s) of all such proposed structures and/or sites, or owners of properties situated within 200 feet of such proposed district, shall be notified by mail of such hearing. Such notices will state that any objections to such designation shall be filed in writing with the city administrator at least 24 hours before the hearing.

b.

Conduct of hearing; determination.

1.

The council shall conduct a public hearing on the proposed "historic" designation. A representative of the commission shall first make a brief presentation and explanation of the commission's recommendation. The city administrator shall report as to the receipt and time of filing of any written objection(s) and by whom made. The council shall hear all persons desiring to be heard.

2.

The council may take action immediately following the public hearing, or it may defer action for no more than 30 days to conduct any further investigation as it deems warranted, including determining the validity of written objection(s). No more than 30 days after the close of the public hearing, the council shall consider for adoption a resolution designating the historic structure and/or site, or historic district. A vote for either adoption or rejection shall require a consensus of at least five members rather than a simple majority. The city administrator shall immediately notify the applicant(s) by mail of the council's decision.

i.

If adopted, the designation becomes effective immediately.

ii.

If rejected, the proposal is eligible for resubmission after 180 days.

(3)

Rescission of designation. The procedures for rescission of previous "historic" designations for structures, sites or districts shall be similar to those outlined herein for obtaining such designation.

(Ord. No. 566-12, § 1, 2-13-2012)

No building permit shall be issued by the building inspector for alteration, construction, demolition or removal of a nominated historic structure, or site, or any property or structure within a nominated historic district, from the date of the meeting of the commission at which an application for "historic" designation is first presented until the final disposition by the commission or the council, as the case may be, unless the permit involves public health, welfare or safety. In such an event it can be authorized by formal resolution of the council.

(Ord. No. 566-12, § 1, 2-13-2012)

Every person in charge of a historic structure, site or improvement in a historic district shall maintain same, or cause or permit it to be maintained in a condition consistent with the provision and intent of article IX of this chapter. The council may appoint the building inspector or any other individual or group of individuals to enforce article IX of this chapter. Historic structures may be inspected periodically to ensure the provisions and intent of article IX of this chapter are met. This inspection may include entry upon the property and improvement, with the permission of the owner, to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement.

(Ord. No. 566-12, § 1, 2-13-2012)