Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE II
General Provisions
17.11 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the Village of Mount Horeb.
17.12 Compliance.
No structure, land, or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except for normal repairs of existing structures, without a building permit and/or a certificate of zoning compliance and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
(1)
Substandard lots. Any lot in a single ownership, which ownership was of record at the time of the adoption of this chapter, that does not meet the requirements of this chapter for yards, courts or other area of open space, may be utilized for single-family residence purposes with a conditional use in R-2, provided the requirements for such yard or court area, width, depth or open space is within 75% of that required by the terms of this chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.
(2)
Frontage. Every building shall front upon a public street.
(3)
Accessory buildings in residential districts. An accessory building attached to the principal building on a lot shall be made structurally a part thereof and shall comply in all respects with the requirements of this chapter applicable to the principal building. Breezeways, for the purposes of this chapter, as an attachment between the garage and the main building, shall be considered as part of the main building, but breezeways shall not be considered as constituting dwelling space.
(4)
Temporary or garage dwellings. Basement or garage dwellings shall not be used for dwelling purposes, except as specifically provided in this chapter.
(5)
Building grades. Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. When a new building is constructed on a vacant lot between two existing buildings, or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and minimize runoff to the adjacent land to the extent practicable. Grades shall be approved by the Building Inspector.
[Amended 6-11-2008 by Ord. No. 2008-08]
(6)
Buildings to be moved.
(a)
No building or structure, which has been wholly or partially erected on any premises located either within or outside of the Village, shall be moved to and placed upon any other premises in the Village until a building permit for such removal shall have been secured. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.
(b)
Before building permit may be issued for moving a building or structure, the Building Inspector shall inspect same and determine if it is in a safe condition to be moved, and whether it may be reconditioned to comply with the Building Code and other Village requirements for the use and occupancy for which it is to be moved. Providing these conditions can be complied with, a permit shall be issued for the moving of such building or structure.
(7)
Excavation or holes. The construction, existence or maintenance within the Village of any unprotected, unbarricaded, open or dangerous excavation, hole, pit or well, or of any excavation, hole or pit which constitutes, or is reasonably likely to constitute, a danger or menace to the public health, safety or welfare, is hereby prohibited. This section shall not prevent any excavation under permit issued pursuant to this chapter or the Building Code (see Chapter 14 of this Municipal Code) where such excavations are properly protected and warning signs posted in such manner as may be approved by the Building Inspector, and this section shall not apply to lakes, streams or other natural bodies of water or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of any government agency.
(8)
Construction begun prior to adoption of chapter. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which actual construction has been diligently carried on.
(9)
Approval of plats. No proposed plat of a new subdivision shall hereafter be approved by either the Village Board or Plan Commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter.
(10)
Essential services. Essential services shall be permitted as authorized under any franchise, or that may be regulated by any state law or ordinance of the Village, it being the intention hereof to exempt such essential services from the application of this chapter.
17.13 Zoning certificates.
(1)
Certificates required. No commercial or industrial building or addition hereafter constructed or structurally altered shall be used for any purpose, and no addition to a previously existing building shall be occupied, and no land (except land used for garden or public recreation purposes and land without buildings or structures) that is vacant shall be used for any purpose, until a zoning certificate has been issued by the office of the Building Inspector. No change in use shall be made until a zoning certificate has been issued by the Building Inspector. Every zoning certificate shall state that the use complies with all of the provisions of this chapter.
(2)
Application for zoning certificates. Every application to the Building Inspector for a building permit shall be deemed to be an application for a zoning certificate. Every application for a zoning certificate for a change in use shall be made to the Building Inspector. A change in use of land or building shall be made directly to the office of the Village Administrator, or his/her designee.
17.14 Design review.
(1)
Authority and application. Design review is implemented under municipal authority to promote the public health, safety and welfare and under municipal zoning authority. Requirements for design review and approval apply to uses and developments regardless of the characterization of the use of development within this chapter as a permitted use or conditional use.
(2)
When required. Design review shall be required in the following cases:
(a)
Site and structural development of residential projects having three or more dwelling units.
(b)
Site and structural development in commercial districts.
(c)
Site and structural development in industrial districts.
(d)
Site and structural development in planned development districts.
(e)
Utility and governmental facilities.
(f)
Those variance cases deemed by the Zoning Board of Appeals to justify design review. Design review shall be advisory to the Zoning Board of Appeals.
(g)
Any parking area, even if not accompanying an otherwise included development, if it has four or more parking spaces.
(h)
In addition, design review districts may be designated by ordinance adopted by the Village Board. Once adopted, design review standards shall apply to such districts within the terms of such designation ordinance.
(3)
Administration.
(a)
The Building Inspector or the Village Administrator, or his/her designee, shall advise applicants when they apply for building permits or land-disturbing activity permits or other approvals or permits whether design review applies. If design review applies, the applicant will be given checklists, application forms and timetables. These documents shall have prior Plan Commission approval as to format and content. Applicants may request and have preapplication conferences with staff.
[Amended 12-5-2018 by Ord. No. 2018-13]
(b)
Completed applications and supporting materials must be filed in the Village office at a reasonable time, up to 20 days prior to a scheduled Plan Commission meeting, so as to allow sufficient time for review by staff prior to placement on the Plan Commission agenda. Staff must be satisfied that a complete packet of information will be available to the Plan Commission prior to the commencement of the Plan Commission meeting at which the item is set for design review.
[Amended 10-6-2010 by Ord. No. 2010-16]
(c)
Each application shall be accompanied by a fee as provided in the Village Fee Schedule, payable to the Village Treasurer. In addition, each applicant under this subsection shall reimburse the Village for all professional fees, including reasonable engineering, planning and legal review fees, incurred by the Village in connection with each application.
[Amended 12-5-2018 by Ord. No. 2018-13]
(d)
The Plan Commission will review a design application at a meeting set for such purpose. Following such review, discussions with applicants and agents, and discussion with the Plan Commission and with staff, the Commission shall, within 45 days of its initial review meeting, render a decision of approval, conditional approval or rejection. Decisions shall be in writing and shall identify those elements of the approved design which the Commission intends to be mandatory. Applicants shall sign acknowledgments of receiving the written Plan Commission design review decision prior to being issued a building or land disturbing activity permit. Failure to render a decision within the required time period shall be deemed a rejection for the application. The Plan Commission may, in cases requiring additional time for review, extend, for no more than 45 additional days, the time within which to render its decision.
(e)
A project that has had design review and that has a building- or land-disturbing activity permit is approved for execution only in accord with the directives included in the design review approval. Construction or execution that deviates from directives may not occur within terms of this chapter without prior Village approval. The Village Administrator, or his/her designee, is responsible for determining whether to give staff approval to such deviations on a finding that they are minor variations as to the Plan Commission's decision or whether full Plan Commission review and approval is needed upon a finding that the deviations are major.
(f)
An approved design review application shall be valid for a three-year period from the date of approval. A building permit for the improvement or change approved by the design review application must be issued before the three-year period has expired. After the period has expired, the applicant must start the approval process over and resubmit a new design review application.
[Added 3-5-2008 by Ord. No. 2008-04]
(4)
Standards.
[Amended 11-1-2006 by Ord. No. 2006-28]
(a)
Jurisdiction. Design review applies to all exterior features, including site grading, buildings, structures, lighting, signage, pavement and landscaping.
(b)
Directives. The following specific design standards are established and shall apply to all development occurring after the adoption date of this subsection (November 1, 2006). These standards shall be applied in the informed judgment of the Plan Commission to all projects listed in Subsection (2) above.
1.
Site grading.
a.
The grading plan shall preserve existing grades to the greatest extent possible, particularly at the perimeter of the site.
b.
In no instance shall proposed grading create transitions to adjoining properties or rights-of-way that are unsafe, unstable or create drainage problems.
c.
Site grading shall also preserve or create an attractive site appearance in conjunction with the proposed development.
2.
Existing site vegetation and other natural features.
a.
The grading and development plans shall preserve, protect, and maintain important existing site vegetation as identified by the Plan Commission. Examples include hedgerows, groves and individual specimen trees.
b.
Topsoil used at the development site should be from on site, to the extent possible, particularly in areas under the drip line of preserved vegetation.
3.
Site layout relation to abutting streets.
a.
In general, the layout of buildings, structures, pavement, parking and landscaping shall be compatible with the general pattern for similar land uses in the vicinity, as determined by the Plan Commission.
b.
The general site layout shall result in an attractive appearance to all abutting streets, as determined by the Plan Commission.
4.
Building setbacks.
b.
Within the downtown area, and particularly along Main Street and the commercially developed portions of intersecting streets, the entire street side of buildings shall be located at or within three feet of all abutting street rights-of-way, unless an exception is granted through the conditional use process.
c.
Within the Springdale Street corridor between STH 78 and USH 151, the entire street side of buildings shall be located at or within 30 feet of all abutting street rights-of-way, unless an exception is granted through the conditional use process. Parking shall not be permitted in this area. Drives for one-way circulation and/or emergency vehicle access may be permitted through the conditional use process.
[Amended 12-5-2018 by Ord. No. 2018-13]
5.
Building height.
b.
Within the downtown area, and particularly along Main Street and the commercially developed portions of intersecting streets, building heights shall be a minimum of 20 feet and shall be a minimum of two stories, unless an exception is granted through the conditional use process.
c.
Within the Springdale Street corridor between STH 78 and USH 151, building heights shall provide a functional or decorative building tower or related architectural feature that exceeds the height of majority of the building facade by at least seven feet, unless an exception is granted through the conditional use process. Roofs, and roof appurtenances such as cupolas, shall not count toward this requirement.
[Amended 12-5-2018 by Ord. No. 2018-13]
6.
Building mass. Buildings over 5,000 square feet of gross floor area shall be subject to the requirements for large developments.
7.
Building facades.
a.
Long building facades shall be visually broken up and variegated with staggers and offsets as determined appropriate by the Plan Commission.
b.
All building facades facing streets, drives or parking areas shall provide regularly spaced openings for windows and doors, and regularly spaced decorative elements, such as piers and columns. The size and spacing of these features shall be compatible with nearby structures that meet this requirement, as determined by the Plan Commission.
c.
All building facades facing streets, drives or parking areas shall provide a pattern of upper-story openings that is compatible with the pattern established by the ground floor, as determined by the Plan Commission.
d.
Within the Downtown Zoning District, and particularly along Main Street and the commercially developed portions of intersecting streets, building facades shall employ traditional storefront design by providing pilasters, transom windows, cornices, lintels and related decorative details to highlight transitions between the ground floor and upper stories and between upper stories and the parapet.
8.
Exterior building materials.
a.
Exterior materials for multifamily, office, commercial, or industrial buildings may not include metal wall panels with exposed exterior fasteners or a reflective surface, concrete panels, plain concrete block, asphalt, or spandrel window panels, unless an exception is granted through the conditional use process. Metal wall panels with concealed exterior fasteners and a nonreflective surface may be used as an accent exterior material on no more than 30% of the area of any exterior façade, unless an exception is granted through the conditional use process.
[Amended 12-5-2018 by Ord. No. 2018-13]
b.
Hard and durable materials, including decorative block, brick or stone, shall be required on all exterior portions of the structure within 40 inches of the adjacent grade.
9.
Exterior building colors.
a.
Exterior colors of all buildings, structures, appurtenances and paving shall be compatible and harmonious with those of existing buildings in the immediate area which conform to these design requirements, as determined by the Plan Commission.
(i)
Within the downtown area, the Victorian color palette shall be used, or other colors must be approved by the Plan Commission.
(ii)
Throughout the rest of the Village, primary colors, including red, blue, green, yellow, black, and fluorescent colors, shall not be permitted. Where an integral part of site design, muted versions of these colors may be used, as approved by the Plan Commission.
b.
High gloss paints and other exterior finishes are not permitted.
c.
Color patterns shall be used consistently throughout the property, as determined by the Plan Commission.
10.
Exterior doors. All exterior doors visible from streets, drives or parking areas shall provide decorative design elements.
12.
Roofs.
a.
Roof forms and materials shall be compatible and harmonious with those of existing buildings in the immediate area which conform to these design requirements, as determined by the Plan Commission.
b.
Metal roofs with a corrugated form may not be used. Metal roofs with a standing seam, shingle, shake, slate slab, or tile form may be used.
[Amended 12-5-2018 by Ord. No. 2018-13]
d.
Rooftop mechanical equipment shall not exceed the elevation of the lowest point of the surrounding building parapet or roof.
13.
Exterior building appurtenances.
a.
Building facades shall be uncluttered by the minimal use and careful placement of brackets, wiring, meter boxes, antennas, gutters, downspouts and other appurtenances. Where necessary, such features shall be colored to blend in, rather than contrast, with the immediately adjacent building exterior.
15.
Trash containment structures.
a.
Trash containment structures shall be designed to fully conceal trash storage.
b.
Trash containment structures shall be constructed in the same materials and colors as the ground floor of the principal building.
c.
Wood or synthetic wood gates shall be used and shall be arranged in a pattern to provide complete opacity. Metal panel gates and metal fence gates with strips are prohibited.
16.
Freestanding canopy structures.
a.
Freestanding canopy structures, such as those providing shelter at a gas station or drive-up banking station, shall be designed to complement the design of the principal building, as determined by the Plan Commission.
b.
Canopy roofs shall employ the same pitch, materials and colors as the roof of the principal building, unless an exception is granted through the conditional use process.
c.
Canopy supports shall be decorative in nature and shall employ the same materials and colors as the principal building. Exposed nondecorative supporting poles are not permitted.
17.
Other structures.
a.
Outbuildings shall employ the same high quality exterior building materials as used on the principal building.
b.
Walls and fences shall employ high quality materials, such as metal pickets, stone, decorative block or brick, which complement the principal building, as determined by the Plan Commission.
18.
Exterior lighting.
a.
All exterior lighting shall use decorative fixtures, as approved by the Plan Commission. Such fixtures shall be consistent in design theme throughout the site.
b.
All exterior light bulbs shall not be visible from beyond any property line. Directional or cutoff fixtures shall be used to meet this requirement.
c.
Lighting shall not exceed 0.5 footcandle over ambient conditions.
d.
Maximum lighting shall not exceed 10.0 footcandles on the site, except in areas serving in-vehicle uses, such as drive-up windows and fueling areas. In such locations, maximum lighting shall not exceed 25.0 footcandles.
e.
Freestanding light fixtures shall not exceed a total height of 20 feet.
19.
Exterior signage.
20.
Outdoor display or storage.
a.
All outdoor display and/or storage areas must be clearly depicted and labeled on an approved site plan. Said label shall specify the general types of materials to be displayed or stored, including:
b.
Outdoor storage areas shall be adequately screened from view from adjacent properties and streets, drives and parking areas, as determined by the Plan Commission.
21.
Pavement materials.
a.
All traffic circulation, parking and pedestrian areas shall be provided with a hard durable surface, such as concrete, asphalt, pavement blocks or bricks. Gravel is not acceptable.
b.
Durable, porous pavement techniques are encouraged, and the overall coverage of pavement on all sites should be minimized so as to reduce stormwater runoff.
22.
Pedestrian facilities.
a.
Public sidewalks or multipurpose paths shall be required along all street frontages, per Village standards.
b.
Paved pedestrian connections are required between all street frontage pedestrian facilities and public doorways. Said connections shall be a minimum of five feet wide.
c.
Where pedestrian connections cross vehicle circulation areas, a crosswalk clearly delineated by color and/or texture is required.
23.
Traffic circulation.
a.
Traffic circulation patterns shall be safe and understandable by vehicle operators, as determined by the Plan Commission.
b.
Traffic patterns which are determined as too complicated by the Plan Commission shall be prohibited. Complications may be identified due to steep grades, inadequate throat depths, offset intersections, too many intersections within a particular area, dangerous and conflicting traffic movements, movements compromised by limited visibility, or restricted turning radii for the types of vehicles likely present on the site.
c.
No traffic circulation shall be permitted within 10 feet of a street or drive right-of-way or easement, nor within five feet of any other property line, except within the downtown area, or as approved as through the conditional use process.
24.
Parking.
a.
All parking areas located within required principal building setback areas shall be visually screened from streets by a continuous landscaped hedge, fence, wall or berm with a minimum height of 40 inches over the elevation of the adjacent portion of the parking lot at time of installation. Gaps in this hedge are permitted for pavement approved as part of the site design.
b.
Within the downtown area, and particularly along Main Street and the commercially developed portions of intersecting streets, parking shall not be located along a street frontage unless an exception is granted through the conditional use process.
c.
Within the Springdale Street corridor between STH 78 and USH 151, refer to Subsection (4)(b)4.c above regarding the prohibition of parking adjacent to street rights-of-way.
[Amended 12-5-2018 by Ord. No. 2018-13]
d.
Bicycle parking shall be provided at a rate of one bicycle space for every 10 vehicle parking spaces, up to a total of 20 bicycle spaces.
25.
Building foundation landscaping.
a.
A minimum ten-foot wide landscaping bed or planter shall be provided along at least 50% of each wall facing a street, drive or parking area, except within the downtown area.
b.
This bed or planter shall be located adjacent to or within 10 feet of the building foundation.
c.
This bed or planter shall be landscaped appropriately as determined by the Plan Commission.
26.
Street frontage landscaping.
a.
A minimum ten-foot-wide landscaped area shall be provided adjacent to the frontage of all streets and drives, except within the downtown area.
b.
This area shall be landscaped appropriately as determined by the Plan Commission. At minimum, one canopy-type street tree (maple, oak, hickory, ginkgo, honey locust or similar species) shall be required for every 50 feet of street or drive frontage, except within the downtown area. Said trees shall be a minimum two-inch to two-and-one-half-inch caliper.
27.
Parking lot landscaping.
b.
Subsection (4)(b)24.a, above, shall also apply along street and drive frontages.
c.
Subsection (4)(b)24.c, above, shall also apply along Springdale Street.
[Amended 12-5-2018 by Ord. No. 2018-13]
(5)
Recommendations. Other features of site design and construction, building and structural design and construction and landscaping that are not listed under directives may also be addressed by Plan Commission advisory suggestions within the design review process upon a finding that the suggestion would be desirable to make the development a positive asset to the visual appearance of the community and positive contribution to the growth and stability of the community tax base.
(6)
Inspection and occupancy.
(a)
The Village Administrator, or his/her designee, shall inspect all completed projects hereunder. No occupancy permit shall be issued for, or use made of, the project improvements until the Village Administrator, or his/her designee, has certified to the Building Inspector that the project fully complies with the Plan Commission's design review decision.
(b)
In the event that live landscaping elements of a project are not installed before the end of a plant growing season, but all other requirements hereunder have been completed, the Plan Commission may authorize the Building Inspector to issue an occupancy permit on the condition that all landscaping requirements be completed no later than June 15 of the following year. If such landscaping is not completed by said June 15, the Plan Commission may revoke the conditionally issued occupancy permit. In addition, the property owner shall be subject to the penalty provided for in this chapter. Each day of violation may be considered a separate offense for penalty purposes.
17.15 Use restrictions.
(1)
Principal uses; accessory uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district. Accessory uses include home occupations; incidental repairs; storage; parking facilities; gardening; servants' and watchmen's quarters not for rent; and private emergency shelters. Except as herein otherwise regulated, accessory uses shall not include the keeping, propagation or culture of pigeons, poultry or livestock.
(2)
Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission.
(3)
Unclassified or unspecified uses. Unclassified uses may be permitted by the Plan Commission after the Commission has made a review and recommendation, provided that such uses are similar in character and scale to the principal uses permitted in the district.
(4)
Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Village Administrator, or his/her designee.
(5)
Performance standards. Performance standards listed shall be complied with by all uses in all districts.
(6)
Mobile homes. No mobile home shall be used for the purpose of habitation except within an approved mobile home park.
(7)
Reduction or joint use. No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.
17.16 Accessory buildings and uses.
[Amended 9-5-2001 by Ord. No. 2000-14; 11-3-2004 by Ord. No. 2004-26; 9-5-2018 by Ord. No. 2018-08; 10-3-2018 by Ord. No. 2018-11; 7-10-2019 by Ord. No. 2019-03; 5-1-2024 by Ord. No. 2024-08]
(1)
Construction. No accessory building or structure shall be constructed, erected or placed upon a lot of record other than the lot of record upon which the principal building is situated. No accessory building or structure shall be constructed, erected or placed on any lot prior to the time of construction of the principal building to which it is necessary. Accessory buildings shall not be constructed for residential purposes and shall not be occupied as a dwelling unit.
(2)
Location. Accessory buildings in residential districts may be built only in a rear yard. For corner lots, the accessory building may be built in the side yard at the same setback as the principal structure. In all zoning districts, accessory buildings shall comply with the setback required in Chart 1 of this chapter[1] with the exception of this § 17.16(2), except that accessory buildings mounted on skids, rather than on foundations, may be not less than three feet from a lot line.
[1]
Editor's Note: Chart 1 is included as an attachment to this chapter.
(3)
Lot coverage limitations. Accessory buildings and uses in residential districts shall occupy no more than 30% of the area of the required rear yard. Patios, unenclosed decks or porches, swimming pools, and tennis courts shall not be included in calculating the total coverage percentage for a particular parcel.
(4)
Square-foot limitations. No accessory building in an R-1 or R-2 Residential District shall exceed 864 square feet of floor area.
(5)
Height limitations. No accessory building in any district shall exceed the maximum height, as measured from the floor to the midpoint between the eaves and the peak, unless a conditional use permit is granted. The accessory building will not be allowed to exceed the elevation of the principal structure on the lot.
(6)
Lawn accessories. Purely decorative garden accessories, such as fixed or permanent pools, fountains, statuary, lawn furniture, bird baths, sun dials, ornamental light standards, flag poles, etc., shall be permitted in setback areas, but not closer than six feet to an abutting property line other than a street line.
(7)
Additional buildings. No more than two accessory buildings may be erected on any parcel of record in an R-1 or R-2 Residential District. The second accessory building on a particular parcel shall not exceed 12 1/2 feet in height as measured from the floor to the midpoint between the eaves and the peak and shall not exceed 150 square feet of floor area.
(8)
Location on corner lots. The following modifications may apply to accessory structures in the front yards of corner lots in any residential district with the granting of a conditional use permit:
(a)
Sheds or other storage buildings proposed to be located within the required front yard setback if the structure is a minimum of 20 feet from all rights-of-way. Shed structures enabled by this modification shall match the architecture, materials, and colors of the principal structure and be located entirely on a concrete pad that connects directly to a walk or driveway.
(b)
Decks proposed to be located within the front yard, if the entire structure is located a minimum of 30 feet from all rights-of-way.
17.17 Historic preservation.
(1)
Purpose and intent. 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 section is to:
(a)
Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the Village's cultural, social, economic, political and architectural history.
(b)
Safeguard the Village's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
(c)
Stabilize and improve property values, and enhance the visual and aesthetic character of the Village.
(d)
Protect and enhance the Village's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.
(2) CERTIFICATE OF APPROPRIATENESS COMMISSION HISTORIC DISTRICT HISTORIC SITE HISTORIC STRUCTURE IMPROVEMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate issued by the Commission approving alteration, rehabilitation, construction, reconstruction or demolition of an historic structure, historic site or any improvement in an historic district.
The Historic Preservation Commission under § 1.31 of this Municipal Code.
An area that contains two or more historic improvements or sites, which has been designated an historic district pursuant to the provisions of this section.
Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which an historic event has occurred, and which has been designated as an historic site under this section, or an improvement parcel, or part thereof, on which is situated an 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.
Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the Village, state or nation and which has been designated as an historic structure pursuant to the provisions of this section.
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.
(3)
Historic structure, historic site and historic district designation criteria.
(a)
For purposes of this chapter, an historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the Village, 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;
2.
Are identified with historic personages 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, method or construction, or of indigenous materials or craftsmanship;
4.
Are representative of the notable work of a master builder, designer or architect who influenced his age; or
5.
Have yielded, or may be likely to yield, information important to prehistory or history.
(b)
The Commission shall adopt specific operating guidelines for historic structure and historic site designation, providing such are in conformance with the provisions of this chapter.
(c)
The Commission may select geographically defined areas within the Village to be designated as historic districts and shall prepare an historic preservation plan for each area. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the Village, after application of the foregoing criteria. 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.
[Amended 1-3-2024 by Ord. No. 2024-01]
(4)
Historic preservation commission powers and duties.
(a)
Designation.
1.
The Commission shall have the power to recommend designation of historic structures, historic sites and historic districts within the Village limits. All historic structure, historic site and historic district designations shall be made by the Village Board and shall be made pursuant to Subsection (5) hereof.
2.
Once designated, such historic structures, sites and districts shall be subject to all the provisions of this section and shall continue to be subject to all other provisions of this Chapter 17, Zoning Code, of this Municipal Code, including those provisions and requirements specific to the particular zoning district in which the said historic structure, site or district is situated.
(b)
Regulation of construction, reconstruction, alteration and demolition.
1.
No owner or person in charge of an historic structure, historic site or structure within an 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 properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the Commission. Also, unless such certificate has been granted by the Commission, the Building Inspector shall not issue a permit for any such work.
2.
Upon filing of any application for a certificate of appropriateness with the Commission, the Commission shall approve the applications unless:
a.
In the case of a designated historic structure of 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;
b.
In the case of the construction of a new improvement upon an historic site, or within an historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance or other neighboring improvements on such site or within the district;
c.
In the case of any property located in an historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district;
d.
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 Village or state;
[Amended 1-3-2024 by Ord. No. 2024-01]
e.
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.
3.
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 or district, it shall issue the certificate of appropriateness. The Commission shall make this decision within 45 days of the filing of the application.
4.
This issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the Village. 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.
Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of an 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.
(c)
Appeals. Should the Commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Village Board within 30 days. In addition, if the Commission fails to issue a certificate of appropriateness, 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 the section.
(d)
Recognition of historic structures, sites and districts. At such time as an historic structure, site or district has been properly designated, the Commission, in cooperation with the property owner, may cause to be prepared and erected on such property, at Village expense, a suitable plaque declaring that such property is an historic structure, site or district.
(5)
Procedures.
(a)
Nominations. Nominations for designation of a single property or an historic district under this chapter may be submitted to the Commission by a resident of the Village of Mount Horeb. The Commission shall review the nomination for completeness and eligibility under at least one of the criteria in § 17.17(3)(a). The Commission, at its discretion, may then forward the nomination to the Village Board along with its recommendation for or against designation.
[Amended 1-3-2024 by Ord. No. 2024-01]
(b)
Hearing. The Commission shall hold a public hearing to consider nominations for designation as historic structures and historic sites and for creation of historic districts. Notice of the time, place and purpose of the hearing shall be given to the owners of record, as listed in the Village tax roll, of the nominated property or whose property is situated in whole or in part within 300 feet of the said property. The notice of hearing shall be mailed to said owners at least 10 days prior to the hearing date.
[Amended 1-3-2024 by Ord. No. 2024-01]
(c)
Commission recommendation. Following the hearing, the Commission shall vote on the nomination and make its recommendations thereon to the Village Board.
(d)
Board action.
1.
Designation of historic structures and historic sites. Upon receipt of the recommendations from the Commission, the Village Board shall either designate the property an historic structure or an historic site or rescind such designation. After the designation or rescission has been made, the property owner or owners shall be notified of the Board's action. Any designation or rescission hereunder shall be recorded, at Village expense, in the Dane County, Wisconsin, Register of Deeds Office.
2.
Creation of historic district. Upon receipt of the recommendations from the Commission, the Village Board shall either designate or reject the historic district. Creation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of said plan.
(6)
Interim control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the Commission at which a nomination form is first presented until the final disposition is authorized by formal resolution of the Village Board as necessary for public health, welfare, or safety. In no event shall the delay be for more than 180 days.
(7)
Penalties for violations. Any person or persons violating any provision of this section shall be fined $50 for each separate violation. Each and every day during which violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.
17.18 General rules of construction.
The following rules shall apply for construing or interpreting the terms and provisions of this chapter:
(1)
In their application, the provisions of this section shall be held to be the minimum requirements for the promotion and protection of the public health, safety and general welfare, and shall be construed to achieve the purposes for which this section is adopted.
(2)
This chapter is not intended to abrogate any other law, ordinance, permit, easement, covenant or other private agreement. However, where conditions, standards, or requirements imposed by any provision of this section are either more restrictive or less restrictive than comparable standards imposed by any other provision of this section, or by any other law, ordinance, permit, easement, covenant or by agreement, the provisions which are more restrictive or which impose higher standards or requirements shall govern.
(3)
In the event of any conflict in limitations, requirements, or standards contained in this section applying to an individual use or structure, the more restrictive provision shall apply.
(4)
In the event of a conflict between the text of this section and any caption, figure, illustration, table, or map contained herein, the text shall control.
(5)
The words "shall," "must," and "will," are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The word "may" is permissive in nature. Words used in the present tense include the future tense. Words used in the singular number include the plural number, and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender.
(6)
Any distance figure stated in this section shall be measured as including any intervening streets, alleys, and other public rights-of-way.
17.19 Typographical or drafting errors.
Notwithstanding any other provisions set forth above, amendments to correct typographical or drafting errors in the text of this chapter or on the Zoning District Map may be adopted by the Village Board at a regular meeting without the posting or personal delivery of prior notice and without a public hearing.