It is declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to:

A.

Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts which represent or reflect elements of the city's cultural, social, economic, political and architectural history;

B.

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

C.

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

D.

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

(Prior code § 21.31(1))

The definitions shall be as follows:

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

"Commission" means the historic preservation committee created under this chapter.

"Historic district" means an area designated by the common council on recommendation of the commission that contains two or more historic improvements or sites.

"Historic site" means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, 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 improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as a historic structure pursuant to the provisions of this title.

"Improvement" means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.

(Ord. 2005-2 § 1; prior code § 21.31(2))

A historic preservation commission is created, consisting of seven members. Of the membership, if available in the community, one shall be a registered architect; one shall be a historian; one shall be a licensed real estate broker; one shall be an alderperson; and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The mayor shall appoint the commissioners subject to confirmation by the common council.

(Prior code § 21.31(3))

A.

For purposes of this chapter, a 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 or cultural significance to the city such as historic structures, sites, or districts which:

1.

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

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 of construction, or of indigenous materials or craftsmanship;

4.

Are representative of the notable work of a master builder, designer or architect who influenced his or her age; or

5.

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

B.

The commission shall adopt operating guidelines for the purpose of implementing this chapter. The guidelines and amendments thereto shall be ratified by the city council.

(Ord. 2005-02 § 2; prior code § 21.31(4))

A.

Designation. The commission shall have the power to recommend the designation of historic structures, sites, and districts within the city limits. Final approval of the designation shall be granted by the common council. Such designations shall be made based on Section 17.76.040. Once designated, such historic structures, sites and districts shall be subject to all provisions of this chapter.

B.

Regulation of Construction, Reconstruction, Alterations and Razing.

1.

No owner or person in legal possession of or with the permission of the person in such possession of a historic structure, historic site or structure within a historic district shall reconstruct, alter or raze all or any part of the exterior of such structure or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or raze such structure unless a certificate of appropriateness has been granted by the historic preservation commission. Also, unless such certificates has been granted by the commission, the building inspector shall not issue a permit for any such work.

2.

The owner of record of any site or structure which previously was designated as historic, or in the case of a historic district, the owner of record of a parcel included therein, may make application for a certificate of appropriateness with the commission, which shall approve the application unless::

a.

In the case of a designated historic structure or 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 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 the district;

c.

In the case of any property located in a historic district the proposed construction, reconstruction, exterior alteration or razing of any structure does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for the district;

d.

The building or structure is of such architectural or historical significance that its razing would be detrimental to the public interest and contrary to the general welfare of the people of the city and state;

e.

In the case of a request for the razing 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 forty-five (45) days of the filing of the application.

4.

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.

5.

Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance; and provided, that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

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 common council within thirty (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 this chapter.

D.

Recognition of Historic Structures, Sites and Districts. At such time as a 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 city expense, a suitable plaque declaring that such property is a historic structure, site or district.

(Ord. 2005-02 §§ 4, 5, 6, 7, 8, and 9; prior code § 21.31(5))

A.

Nomination or Rescission of Designation of Historic Structures or Sites.

1.

Any person or persons may nominate a structure or site for designation on a form provide by the city. Completed application forms shall be filed with the city clerk who shall immediately provide notice of the same to the historic preservation commission.

2.

Once the city receives a nomination form it shall cause the commission to review the nomination at its next regularly scheduled meeting provided the nomination was submitted fifteen (15) days prior to the meeting. At this meeting, the commission shall determine whether or not the submission meets the established criteria under Section 17.76.040(A) to be designated historic. If criteria are met, the commission will recommend the continuance of the designation process. If criteria are not met, the commission will disapprove the nomination.

3.

If the owner of record of the structure or site files the nomination, the designation process shall commence as stated in subsection B of this section. If any person or persons other than the owner of record files the nomination, the owner of record shall be notified of the nomination in the following manner:

a.

Letters via certified mail and deposited in the United States Mail with first class postage prepaid will be mailed no later than ten (10) days after receipt by the city of the nomination.

b.

If the certified letter has been returned as unaccepted or the letter sent first class postage prepaid was returned by the United States Postal Service as undeliverable, a historic preservation commission representative shall contact the owner of record via telephone.

c.

If the historic preservation commission representative was unsuccessful in contacting the owner of record via telephone, a historic preservation commission representative shall visit the owner of record's residence if in the city of River Falls or townships of Troy, Kinnickinnic, River Falls, or Clifton.

d.

Barring return of the first class postage prepaid letter by the United States Postal Service as undeliverable, the certified letter returned as unaccepted, and unsuccessful telephone or personal contact, it shall be presumed that the owner of record received the letter or has been contacted and the hearing shall proceed as scheduled.

4.

If the owner of record chooses to protest the nomination, the protest must be placed in writing and mailed or delivered to the city at least ten (10) days prior to the public hearing. The owner of record shall rely upon the criteria under Section 17.76.040(A) in his or her attempt to dissuade the commission from approving of the nomination, if submitted by a person other than the owner.

5.

A nomination for rescission of a historic structure or site designation shall be made only by the owner of the structure or site.

B.

Designation or Rescission of Historic Structures and Sites. After the provision of notice to interested persons and the holding of a public hearing, the commission shall, subject to the criteria set forth in Section 17.76.040(A), recommend to common council that the designation or rescission of a structure or site as historic be approved, disapproved or approved subject to conditions. For purposes of this subsection, "interested persons" shall include the owner of record of the site or structure, together with the owners of all parcels of real estate lying in whole or in part within three hundred (300) feet of the boundaries of the property being considered. Notice shall be mailed to each interested person at least ten (10) days prior to the date set for the public hearing. For purposes of this requirement, the city shall mail the notice to the person listed in the city tax rolls as the owner of each such parcel. The notice shall be filed with the city clerk, who shall mail copies of the same to all interested persons and who shall provide copies of the same to the alderperson of the district in which the affected property is located.

2.

The commission shall conduct a public hearing in the matter of each nomination flied under subsection (A)(3) or (A)(4) of this section. At the hearing, it shall hear all evidence, which it deems to be relevant to the subject matter of the application, but it shall not be bound by any rules of evidence. It shall also have the power to subpoena witnesses and records and may accept or reject the testimony of expert witnesses in its sound discretion. Upon its own motion, the commission may, before closing the public hearing, conduct an independent investigation into the proposed designation or rescission. The commission shall, within ten (10) days after the close of the public hearing, forward to common council a written report recommending that the designation or rescission be approved, disapproved or approved with conditions, and give the reasons for the recommendation.

3.

Upon receipt of the recommendations of the commission, the common council shall hold a public hearing, upon notice as required under subsection (B)(l) of this section, following which hearing it shall either designate or reject designation of the proposed historic structure or site.

4.

Notification of its decision shall be provided, in writing, to each interested person, as well as to the city clerk, the building inspector, the planning department, and the city assessor. Additionally, the common council shall cause said designation or rescission to be recorded, at city expense, with the county register of deeds.

C.

Nomination or Rescission of Historic District.

1.

Any person may nominate a district for historic designation on a form provided by the city. Completed application forms shall be filed with the city clerk who shall immediately provide notice of the same to the historic preservation commission. In the application those parcels sought to be designated shall be identified.

2.

Once the city receives a nomination form it shall cause the commission to review the nomination at its next regularly scheduled meeting provided the nomination was submitted fifteen (15) days prior to the meeting. At this meeting, the commission shall determine whether or not the submission meets the established criteria under Section 17.76.040(A) of this chapter to be designated historic. If criteria are met, the commission will recommend the continuance of the designation process. If criteria are not met, the commission will disapprove the nomination.

3.

If the owner or owners of record of the parcels sought to be designated file the nomination, the designation process shall commence as stated in subsection D of this section. If any person or persons other than the owner or owners of record files the nomination, the owner or owners of record shall be notified of the nomination in the following manner:

a.

Letters via certified mail and deposited in the United States Mail with first class postage prepaid will be mailed no later than ten (10) days after receipt by the city of the nomination.

b.

If the certified letter has been returned as unaccepted or the letter(s) sent first class postage pre-paid was returned by the United States Postal Service as undeliverable, a historic preservation commission representative shall contact the owner or owners of record via telephone.

c.

If the historic preservation commission representative was unsuccessful in contacting the owner or owners of record via telephone, a historic preservation commission representative shall visit the owner or owners of record's residence if in the city of River Falls or townships of Troy, Kinnickinnic, River Falls, or Clifton.

d.

Barring return of the first class postage prepaid letter(s) by the United States Postal Service as undeliverable, the certified letter(s) returned as unaccepted, and unsuccessful telephone or personal contact, it shall be presumed that the owner or owners of record received the letter or has been contacted and the hearing shall proceed as scheduled.

4.

If the owner or owners choose to protest the nomination, the protest must be placed in writing and mailed or delivered to the city at least ten (10) days prior to the public hearing. The owner of record shall use the criteria in Section 17.76.040 (A) to disprove the nomination.

5.

A nomination for rescission of a historic district shall be made only by all owners of record of all parcels in the historic district.

D.

Creation or Rescission of Historic District.

After the provision of notice to interested person and the holding of a public hearing, the commission shall, subject to the criteria set forth in Section 17.76.040(A) of this chapter, recommend to common council that the designation or rescission of a historic district be approved, disapproved or approved with conditions. For purposes of this subsection, "interested persons" shall include the owner of record of each parcel of real estate within the boundaries of the proposed district, together with the owners of all parcels of real estate lying in whole or in part within three hundred (300) feet of the boundaries of the district being considered. Notice shall be mailed to each interested person at least ten (10) days prior to the date set for the public hearing. For purposes of this requirement, the city shall mail the notice to the person listed in the city tax rolls as the owner of each such parcel. The notice shall be filed with the city clerk, who shall mail copies of the same to all interested persons and who shall provide copies of the same to the alderperson or alderpersons of the district in which the affected property is located.

2.

The commission shall conduct a public hearing in the matter of each nomination filed under subsection (C)(3) or (C)(4) of this section. At the hearing, it shall hear all evidence, which it deems to be relevant to the subject matter of the application, but it shall not be bound by any rules of evidence. It shall also have the power to subpoena witnesses and records and may accept or reject the testimony of expert witnesses in its sound discretion. Upon its own motion, before closing the public hearing, it may conduct an independent investigation into the proposed designation or rescission. The commission shall decide, within ten (10) days after the close of the public hearing, whether or not to designate the district as historic or whether or not to rescind such designation. Should it decide to designate a district as historic or should it decide to rescind such a designation, it shall report its decision in the form of a recommendation to the common council, which shall make a final decision in the matter. Historic districts may be designated for any geographic area of the city of particular historic, architectural or cultural significance to the City, in accord with the criteria of Section 17.76.040(A) of this chapter. The commission shall prepare a historic preservation plan for each district, which 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.

3.

Upon receipt of the recommendations of the commission, the common council shall hold a public hearing, upon notice as required under subsection (D)(l) of this section, following which hearing it shall either designate or reject designation of the proposed historic district. Designation of an historic district shall constitute adoption by the common council of the district plan and authorize its implementation.

4.

The decision shall be filed with the city clerk, who shall mail copies of the same for each interested person and shall additionally provide copies to the building inspector, the planning department and the city assessor. Additionally, the commission shall cause a copy of said designation or rescission of designation to be recorded, at city expense, with the county register of deeds.

(Ord. 2005-21 §§ 1—6; Ord. 2005-02 § 10; prior code § 21.31(6))

No building permit shall be issued by the building inspector for alteration, construction, razing, or moving of a nominated historic structure, historic site or structure within a nominated historic district from the date of the meeting of the historic preservation commission at which a nomination form is first presented until the final disposition of the nomination by the common council unless such alteration, move or razing is authorized by formal resolution of the common council as necessary for public health, welfare or safety. In no event shall the delay be for more than one hundred eighty (180) days.

(Ord. 2005-02 § 11; prior code § 21.31(7))

Any person or persons violating any provision of this chapter shall be fined fifty dollars ($50.00) for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the building inspector.

(Prior code § 21.31(8))