Marshfield Wood County
City Zoning Code

ARTICLE IX

Historical Preservation

§ 18-140 Landmarks and historical preservation.

[Ord. No. 1240, 11-13-2012]

It is a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public benefit and is in the interest of health, prosperity, safety, and welfare of the people. The purpose of this article is to:

Protect, enhance and perpetuate structures, sites and districts which represent or reflect the cultural, social, economic, political, engineering or architectural history of Marshfield, referred to in this article as “the City.”

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

Ensure that construction or alteration on or near historic structures, sites and districts will be in keeping with the historic character to be preserved.

Strengthen the City’s economy through incentives which stimulate historic preservation and serve as a support to business and industry.

Foster civic pride in the beauty and accomplishments of the past.

Promote the use of historic structures, sites and districts for the education, pleasure and welfare of Marshfield residents and visitors.

§ 18-141 Historic preservation commission.

[Ord. No. 1240, 11-13-2012; Ord. No. 1303, 6-9-2015; Ord. No. 1464, 8-10-2021]

Composition of the Historic Preservation Commission shall be as follows:

Composition and qualifications.

A Historic Preservation Commission is hereby created, consisting of 7 members. Of the membership, one shall be a registered architect or an individual with building design background; one shall be a historian or an individual with historical background; one shall be a member of the Plan Commission; 3 shall be citizen members, and one shall be an alderperson. Each member shall have, to the highest extent practicable, a demonstrated interest or background in historic preservation. The City Director of Planning and Economic Development shall serve as ex officio member. The mayor shall appoint the Commission subject to confirmation by the Council. Of the initial members so appointed, 2 shall serve a term of one year, 2 shall serve a term of 2 years, and 3 shall serve a term of 3 years. Thereafter, the term for each member shall be 3 years except for the alderperson, whose term shall be limited to one year.

Training. In order to ensure continued Historic Preservation Commission expertise and credibility, the Commission shall designate at least one meeting each year for training to be provided by a recognized specialist in historic preservation.

Powers and duties. The Historic Preservation Commission shall have the following powers and duties:

To develop appropriate criteria and standards for identifying and evaluating historic structures, sites and districts.

To collect, as determined necessary by the Commission, data, including photographs, drawings, descriptions, recorded interviews and written documentation, and to survey and permanently record the origin, development, use and historical significance of structures, sites and districts and place in an appropriate facility.

To recommend the designation of historical structures, sites and districts within the City limits. Such historic structures, sites and districts shall be subject to all the provisions of this Article.

To cooperate with federal, state and local agencies in the nomination of locally designated historic structures, sites and districts to the National Register of Historic Places.

To recommend legislation and programs which provide economic incentives for historic preservation.

To review and approve certificates of appropriateness and to adopt policies and procedures for this function.

To recommend appropriate markers or plaques for historic structures, sites and districts.

To receive and solicit gifts and contributions for historic preservation in the City, to be placed in a special account.

To promote among the citizens of Marshfield continuing public awareness and support for the heritage of the City, as exemplified by its historic structures, sites and districts.

§ 18-142 Designation of historic structures, sites, districts.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

Criteria. Criteria for designation of historic structures, sites and districts is as follows:

A historic structure, site or district designation may be placed on any natural or improved site, or on any area of particular historic, architectural or cultural significance which:

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or

Is identified with historic persons or with important events in national, state or local history; or

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

Represents the notable work of a master builder, designer or architect whose work was influential.

The Historic Preservation Commission may recommend to the Plan Commission additional guidelines for designation that are in accordance with generally accepted historic preservation principles.

Procedure for designation of an historic structure or site. Upon recommendation of the Historic Preservation Commission, the Plan Commission shall hold a public hearing following publication of a Class 1 notice and application of the criteria provided in this section, subject to the following:

At least 10 days prior to such hearing, the Plan Commission shall notify in writing 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.

At such public hearings, the Plan Commission may hear other witnesses in addition to the persons notified.

Within 40 days after such public hearing, the Plan Commission may recommend designation of a property as a historic structure or a historic site.

Council approval of the Plan Commission recommendation shall constitute designation. Notice of such designation shall be sent to the property owner of record and to the other persons identified in Subsection (2)(a) of this section. Notification also shall be given to the City Clerk, building services supervisor and City assessor.

Upon designation, the historic structure or site automatically shall be zoned "D" for historic preservation area and shall be included on an official land use map.

Upon designation, the historic structure or site shall be added to the municipal register of historic places.

Rescission of designation of an historic structure or site. The designation of a historic structure or site may be rescinded as follows:

If the owner of record of a designated historic structure or site desires to sell and is unable to find a buyer willing to preserve the structure or site, the owner may petition the Plan Commission for a rescission of its designation. Such petition shall contain an affidavit under oath that the person has made reasonable attempts in good faith to find and attract such a buyer, as well as such further information deemed reasonably necessary by the commission for the purpose of evaluating the petition.

Following the filing of such petition, the commission shall instruct the Historic Preservation Commission to work with the owner for up to 6 months to locate a buyer who is willing to abide by the designation. If no such buyer is found at the end of 6 months, and the owner still desires to sell the property, the commission shall recommend rescission to the Council for action.

In the event of rescission, the Council shall notify the City Clerk, building services supervisor and City assessor and shall cause the rescission to be recorded at City expense in the County Register of Deeds’ office and to be removed from the municipal register and land use map.

Following any such rescission, the commission may not recommend designation of the subject property as a historic structure or site for at least 2 years from the date of rescission.

Procedure for creation of historic district. The procedure for creation of a historic district shall be as follows:

For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as historic districts and shall work with the City attorney to prepare a historic preservation plan in ordinance form for each area to be recommended to the Plan Commission. Such designation and plan shall meet the criteria of designation as stipulated in this section. Each historic preservation plan prepared for or by the Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.

Upon recommendation of the Commission, the Plan Commission shall hold a public hearing, following publication of a Class 2 notice.

At least 10 days prior to such hearing, the City Clerk shall give notice to the alderperson of the district and the owners of record in whole or in part situated within 200 feet of the boundaries of the proposed district.

The Plan Commission shall review the historic district plan and make a recommendation to the Council within 40 days of the public hearing.

Council adoption of the historic district plan in ordinance form shall constitute designation.

Upon designation, the historic district automatically shall be zoned "D" for historic preservation area and shall be included on an official land use map.

Upon designation, the historic district shall be listed on a municipal register of historic places.

Recognition of historic structures sites and districts. After a historic structure, site or district has been so designated in accordance with this section, the Plan Commission may with consent of the owner cause to be prepared and erected on such property at City expense a suitable plaque or sign declaring that the property is a historic structure or site. Such marker shall be easily visible to pedestrians.

Maintenance. Owners of record of a historic structure, historic site or an improvement in a historic district shall keep in good repair all of the exterior portions of such improvement and all interior portions which, if not so maintained, may cause or tend to cause the exterior portions of the improvement to fall into a state of disrepair.

Voluntary restrictive covenant. The owner of any historic structure or site, at any time following a designation of the property, may enter into a restrictive covenant on that property after negotiation with the Commission and the approval of the Plan Commission. The Historic Preservation Commission may assist the owner in preparing such covenant in the interest of preserving the historic structure or site. The owner shall record such covenant in the County Register of Deeds’ office and shall notify the City assessor of such covenant and the conditions thereof.

§ 18-143 Construction and alteration.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

Construction and alteration of historic structures, sites or improvements within a historic district shall be in accordance with the following:

Certificate of appropriateness required. After designation of a historic structure, site or district, no person shall alter, reconstruct, move or permit any alteration of all or any exterior portion of a historic structure or site or a property within a historic district unless the Historic Preservation Commission has approved such work, and the building services supervisor has issued a certificate of appropriateness. Application for review of construction or alteration shall be made on a form prepared by the Historic Preservation Commission and available at the building services supervisor's office. Such an application shall include accompanying plans and specification.

For a building permit involving the exterior architectural appearance of any designated historic structure or site or a property within a historic district, the building services supervisor shall refer the application to the Historic Preservation Commission for a certificate of appropriateness within 10 days of receipt of an application.

For alterations of designated historic properties not requiring a building permit, the building services supervisor shall issue the certificate of appropriateness based on guidelines approved by the Historic Preservation Commission. If the building services supervisor determines that a certificate of appropriateness cannot be issued based on guideline criteria, the applicant shall be referred to the Historic Preservation Commission.

Application review by historic preservation commission. Upon receipt of an application for a certificate of appropriateness involving the exterior of a designated structure, site or property within a historic district, the Historic Preservation Commission shall review the application at its next regular meeting. The Historic Preservation Commission shall determine if the proposed work would not detrimentally change, destroy or adversely affect any feature of the improvement, would harmonize with the external appearance of the neighboring sites, and, if in a historic district, would conform to the established preservation plan objectives and design criteria. The Historic Preservation Commission shall approve or deny the issuance of a certificate of appropriateness within 30 days. The Historic Preservation Commission may attach certain conditions to its approval. The building services supervisor shall issue a certificate of appropriateness after approval.

Denial of application. If an application for a certificate of appropriateness is denied, the Historic Preservation Commission shall cooperate and work together with the applicant in an attempt to obtain approval within the guidelines of this Article.

Criteria for existing structures and sites. Criteria for construction or alteration of existing structures shall be as follows:

The Secretary of the Interior's Standards for Historic Rehabilitation, as revised, shall apply to reconstruction and alteration to existing structures. The current standards are as follows:

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

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

Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

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

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

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

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

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

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.

New construction. Criteria for new construction shall be as follows:

The criteria for new construction in historic districts shall be:

The mass, volume, height, roof type, materials, size and setback of proposed structures should appear to be compatible with existing buildings in the immediate area.

The facade of new structures should maintain a compatible relationship with those of existing structures in terms of windowsill or header lines, proportion of window and door openings, horizontal or vertical emphasis of major building elements, and extent of architectural detail.

The building materials and colors used should complement and be compatible with other buildings in the immediate area.

The sizing, design and placement of signs should fit the building and the adjacent structures.

All landscaping and parking provisions should complement and be compatible with improvements in the immediate area.

§ 18-144 Demolition.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

Demolition of locally designated historic building sites and improvements within a historic district shall be in accordance with the following:

Demolition permit required. No person shall demolish all or part of a historic structure or structure within a historic district or destroy all or part of a historic site unless the Historic Preservation Commission recommends and the Plan Commission approves such work and the building services supervisor issues a permit to raze.

Demolition permit application. Upon receipt of an application for a permit to demolish a historic property, the Commission may recommend that the Plan Commission deny approval for a period of up to 12 months, during which time the Commission and the applicant, in good faith, shall attempt to find a means by which to save such property from demolition.

Demolition permit issuance procedure. If at the end of 12 months, no mutually agreeable method of saving the property is underway, or no funds have been granted to preserve the property, the building services supervisor may issue a demolition permit without the approval of the Plan Commission.

§ 18-145 Appeals.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

An appeal of any Historic Preservation Commission action relating to the regulation of construction, reconstruction or exterior alteration or the regulation of demolition may be initiated by filing a petition to appeal, specifying the grounds for such appeal, with the City Clerk prior to the date on which the Council is scheduled to approve the Historic Preservation Commission action. The City Clerk shall file the petition to appeal with the Council and the Council shall schedule a public hearing after which the Council may, by a favorable vote of 2/3 of its members, reverse or modify the decision of the Historic Preservation Commission. In modifying or reversing a decision of the Historic Preservation Commission, the Council shall find that owing to special conditions, the decision of the Historic Preservation Commission would cause serious hardship to the property owner or preclude reasonable use of the property. Self-created hardship or expectation of increased economic return shall not be the basis for modifying or reversing a decision of the Historic Preservation Commission.

§ 18-146 Conditions dangerous to life, health, or property.

[Ord. No. 1240, 11-13-2012]

Nothing contained in this article shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any historic structure, any improvement on a historic 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 commission shall be required.

Marshfield Wood County
City Zoning Code

ARTICLE IX

Historical Preservation

§ 18-140 Landmarks and historical preservation.

[Ord. No. 1240, 11-13-2012]

It is a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public benefit and is in the interest of health, prosperity, safety, and welfare of the people. The purpose of this article is to:

Protect, enhance and perpetuate structures, sites and districts which represent or reflect the cultural, social, economic, political, engineering or architectural history of Marshfield, referred to in this article as “the City.”

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

Ensure that construction or alteration on or near historic structures, sites and districts will be in keeping with the historic character to be preserved.

Strengthen the City’s economy through incentives which stimulate historic preservation and serve as a support to business and industry.

Foster civic pride in the beauty and accomplishments of the past.

Promote the use of historic structures, sites and districts for the education, pleasure and welfare of Marshfield residents and visitors.

§ 18-141 Historic preservation commission.

[Ord. No. 1240, 11-13-2012; Ord. No. 1303, 6-9-2015; Ord. No. 1464, 8-10-2021]

Composition of the Historic Preservation Commission shall be as follows:

Composition and qualifications.

A Historic Preservation Commission is hereby created, consisting of 7 members. Of the membership, one shall be a registered architect or an individual with building design background; one shall be a historian or an individual with historical background; one shall be a member of the Plan Commission; 3 shall be citizen members, and one shall be an alderperson. Each member shall have, to the highest extent practicable, a demonstrated interest or background in historic preservation. The City Director of Planning and Economic Development shall serve as ex officio member. The mayor shall appoint the Commission subject to confirmation by the Council. Of the initial members so appointed, 2 shall serve a term of one year, 2 shall serve a term of 2 years, and 3 shall serve a term of 3 years. Thereafter, the term for each member shall be 3 years except for the alderperson, whose term shall be limited to one year.

Training. In order to ensure continued Historic Preservation Commission expertise and credibility, the Commission shall designate at least one meeting each year for training to be provided by a recognized specialist in historic preservation.

Powers and duties. The Historic Preservation Commission shall have the following powers and duties:

To develop appropriate criteria and standards for identifying and evaluating historic structures, sites and districts.

To collect, as determined necessary by the Commission, data, including photographs, drawings, descriptions, recorded interviews and written documentation, and to survey and permanently record the origin, development, use and historical significance of structures, sites and districts and place in an appropriate facility.

To recommend the designation of historical structures, sites and districts within the City limits. Such historic structures, sites and districts shall be subject to all the provisions of this Article.

To cooperate with federal, state and local agencies in the nomination of locally designated historic structures, sites and districts to the National Register of Historic Places.

To recommend legislation and programs which provide economic incentives for historic preservation.

To review and approve certificates of appropriateness and to adopt policies and procedures for this function.

To recommend appropriate markers or plaques for historic structures, sites and districts.

To receive and solicit gifts and contributions for historic preservation in the City, to be placed in a special account.

To promote among the citizens of Marshfield continuing public awareness and support for the heritage of the City, as exemplified by its historic structures, sites and districts.

§ 18-142 Designation of historic structures, sites, districts.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

Criteria. Criteria for designation of historic structures, sites and districts is as follows:

A historic structure, site or district designation may be placed on any natural or improved site, or on any area of particular historic, architectural or cultural significance which:

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or

Is identified with historic persons or with important events in national, state or local history; or

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

Represents the notable work of a master builder, designer or architect whose work was influential.

The Historic Preservation Commission may recommend to the Plan Commission additional guidelines for designation that are in accordance with generally accepted historic preservation principles.

Procedure for designation of an historic structure or site. Upon recommendation of the Historic Preservation Commission, the Plan Commission shall hold a public hearing following publication of a Class 1 notice and application of the criteria provided in this section, subject to the following:

At least 10 days prior to such hearing, the Plan Commission shall notify in writing 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.

At such public hearings, the Plan Commission may hear other witnesses in addition to the persons notified.

Within 40 days after such public hearing, the Plan Commission may recommend designation of a property as a historic structure or a historic site.

Council approval of the Plan Commission recommendation shall constitute designation. Notice of such designation shall be sent to the property owner of record and to the other persons identified in Subsection (2)(a) of this section. Notification also shall be given to the City Clerk, building services supervisor and City assessor.

Upon designation, the historic structure or site automatically shall be zoned "D" for historic preservation area and shall be included on an official land use map.

Upon designation, the historic structure or site shall be added to the municipal register of historic places.

Rescission of designation of an historic structure or site. The designation of a historic structure or site may be rescinded as follows:

If the owner of record of a designated historic structure or site desires to sell and is unable to find a buyer willing to preserve the structure or site, the owner may petition the Plan Commission for a rescission of its designation. Such petition shall contain an affidavit under oath that the person has made reasonable attempts in good faith to find and attract such a buyer, as well as such further information deemed reasonably necessary by the commission for the purpose of evaluating the petition.

Following the filing of such petition, the commission shall instruct the Historic Preservation Commission to work with the owner for up to 6 months to locate a buyer who is willing to abide by the designation. If no such buyer is found at the end of 6 months, and the owner still desires to sell the property, the commission shall recommend rescission to the Council for action.

In the event of rescission, the Council shall notify the City Clerk, building services supervisor and City assessor and shall cause the rescission to be recorded at City expense in the County Register of Deeds’ office and to be removed from the municipal register and land use map.

Following any such rescission, the commission may not recommend designation of the subject property as a historic structure or site for at least 2 years from the date of rescission.

Procedure for creation of historic district. The procedure for creation of a historic district shall be as follows:

For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as historic districts and shall work with the City attorney to prepare a historic preservation plan in ordinance form for each area to be recommended to the Plan Commission. Such designation and plan shall meet the criteria of designation as stipulated in this section. Each historic preservation plan prepared for or by the Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.

Upon recommendation of the Commission, the Plan Commission shall hold a public hearing, following publication of a Class 2 notice.

At least 10 days prior to such hearing, the City Clerk shall give notice to the alderperson of the district and the owners of record in whole or in part situated within 200 feet of the boundaries of the proposed district.

The Plan Commission shall review the historic district plan and make a recommendation to the Council within 40 days of the public hearing.

Council adoption of the historic district plan in ordinance form shall constitute designation.

Upon designation, the historic district automatically shall be zoned "D" for historic preservation area and shall be included on an official land use map.

Upon designation, the historic district shall be listed on a municipal register of historic places.

Recognition of historic structures sites and districts. After a historic structure, site or district has been so designated in accordance with this section, the Plan Commission may with consent of the owner cause to be prepared and erected on such property at City expense a suitable plaque or sign declaring that the property is a historic structure or site. Such marker shall be easily visible to pedestrians.

Maintenance. Owners of record of a historic structure, historic site or an improvement in a historic district shall keep in good repair all of the exterior portions of such improvement and all interior portions which, if not so maintained, may cause or tend to cause the exterior portions of the improvement to fall into a state of disrepair.

Voluntary restrictive covenant. The owner of any historic structure or site, at any time following a designation of the property, may enter into a restrictive covenant on that property after negotiation with the Commission and the approval of the Plan Commission. The Historic Preservation Commission may assist the owner in preparing such covenant in the interest of preserving the historic structure or site. The owner shall record such covenant in the County Register of Deeds’ office and shall notify the City assessor of such covenant and the conditions thereof.

§ 18-143 Construction and alteration.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

Construction and alteration of historic structures, sites or improvements within a historic district shall be in accordance with the following:

Certificate of appropriateness required. After designation of a historic structure, site or district, no person shall alter, reconstruct, move or permit any alteration of all or any exterior portion of a historic structure or site or a property within a historic district unless the Historic Preservation Commission has approved such work, and the building services supervisor has issued a certificate of appropriateness. Application for review of construction or alteration shall be made on a form prepared by the Historic Preservation Commission and available at the building services supervisor's office. Such an application shall include accompanying plans and specification.

For a building permit involving the exterior architectural appearance of any designated historic structure or site or a property within a historic district, the building services supervisor shall refer the application to the Historic Preservation Commission for a certificate of appropriateness within 10 days of receipt of an application.

For alterations of designated historic properties not requiring a building permit, the building services supervisor shall issue the certificate of appropriateness based on guidelines approved by the Historic Preservation Commission. If the building services supervisor determines that a certificate of appropriateness cannot be issued based on guideline criteria, the applicant shall be referred to the Historic Preservation Commission.

Application review by historic preservation commission. Upon receipt of an application for a certificate of appropriateness involving the exterior of a designated structure, site or property within a historic district, the Historic Preservation Commission shall review the application at its next regular meeting. The Historic Preservation Commission shall determine if the proposed work would not detrimentally change, destroy or adversely affect any feature of the improvement, would harmonize with the external appearance of the neighboring sites, and, if in a historic district, would conform to the established preservation plan objectives and design criteria. The Historic Preservation Commission shall approve or deny the issuance of a certificate of appropriateness within 30 days. The Historic Preservation Commission may attach certain conditions to its approval. The building services supervisor shall issue a certificate of appropriateness after approval.

Denial of application. If an application for a certificate of appropriateness is denied, the Historic Preservation Commission shall cooperate and work together with the applicant in an attempt to obtain approval within the guidelines of this Article.

Criteria for existing structures and sites. Criteria for construction or alteration of existing structures shall be as follows:

The Secretary of the Interior's Standards for Historic Rehabilitation, as revised, shall apply to reconstruction and alteration to existing structures. The current standards are as follows:

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

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

Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

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

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

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

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

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

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.

New construction. Criteria for new construction shall be as follows:

The criteria for new construction in historic districts shall be:

The mass, volume, height, roof type, materials, size and setback of proposed structures should appear to be compatible with existing buildings in the immediate area.

The facade of new structures should maintain a compatible relationship with those of existing structures in terms of windowsill or header lines, proportion of window and door openings, horizontal or vertical emphasis of major building elements, and extent of architectural detail.

The building materials and colors used should complement and be compatible with other buildings in the immediate area.

The sizing, design and placement of signs should fit the building and the adjacent structures.

All landscaping and parking provisions should complement and be compatible with improvements in the immediate area.

§ 18-144 Demolition.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

Demolition of locally designated historic building sites and improvements within a historic district shall be in accordance with the following:

Demolition permit required. No person shall demolish all or part of a historic structure or structure within a historic district or destroy all or part of a historic site unless the Historic Preservation Commission recommends and the Plan Commission approves such work and the building services supervisor issues a permit to raze.

Demolition permit application. Upon receipt of an application for a permit to demolish a historic property, the Commission may recommend that the Plan Commission deny approval for a period of up to 12 months, during which time the Commission and the applicant, in good faith, shall attempt to find a means by which to save such property from demolition.

Demolition permit issuance procedure. If at the end of 12 months, no mutually agreeable method of saving the property is underway, or no funds have been granted to preserve the property, the building services supervisor may issue a demolition permit without the approval of the Plan Commission.

§ 18-145 Appeals.

[Ord. No. 1240, 11-13-2012; Ord. No. 1464, 8-10-2021]

An appeal of any Historic Preservation Commission action relating to the regulation of construction, reconstruction or exterior alteration or the regulation of demolition may be initiated by filing a petition to appeal, specifying the grounds for such appeal, with the City Clerk prior to the date on which the Council is scheduled to approve the Historic Preservation Commission action. The City Clerk shall file the petition to appeal with the Council and the Council shall schedule a public hearing after which the Council may, by a favorable vote of 2/3 of its members, reverse or modify the decision of the Historic Preservation Commission. In modifying or reversing a decision of the Historic Preservation Commission, the Council shall find that owing to special conditions, the decision of the Historic Preservation Commission would cause serious hardship to the property owner or preclude reasonable use of the property. Self-created hardship or expectation of increased economic return shall not be the basis for modifying or reversing a decision of the Historic Preservation Commission.

§ 18-146 Conditions dangerous to life, health, or property.

[Ord. No. 1240, 11-13-2012]

Nothing contained in this article shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any historic structure, any improvement on a historic 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 commission shall be required.