As a matter of public policy it is necessary to ensure the protection, enhancement, and perpetuation of a historic district in the city as well as other identified landmarks as being necessary to promote the economic, cultural, educational, and general welfare of the public and its heritage. Inasmuch as the identity of this community and its citizens is founded on its past, and whereas the city proudly acknowledges itself as being the City of American History, and whereas the city has many significant historic, architectural and cultural resources which constitute a significant portion of its heritage, it is the purpose of these regulations to:

(a)

Protect and enhance the historic district and landmarks which represent distinctive elements of the city's historic, architectural, cultural, economic, and social heritage.

(b)

Foster civic pride in the city, its heritage, and in the accomplishments of the past.

(c)

Promote the historic district and landmarks for the education, pleasure, and welfare of the citizens of the city and its visitors.

(d)

Ensure the harmonious, orderly and efficient change, growth, and development in the historic district.

(e)

Stabilize and improve property values.

(f)

Protect and enhance the city's attractiveness to visitors and the support and stimulus to the economy thereby provided.

(g)

It is the further intent of the provisions developed herein to preserve through the review of changes to existing properties and to proposed new facilities to provide and ensure special treatment to protect the aesthetic and functional relationship of the properties as they exist alone, in their immediate neighborhood, and to the historic district as a whole.

(Ord. No. 9301A, 9-26-18)

These regulations are combined with any existing zoning district designation applicable to the property in which the historic and scenic preservation district governs. The regulations of the historic and scenic preservation district control the renovation and development of properties and their usage as provided for in a particular zoning district.

(Ord. No. 9301A, 9-26-18)

(a)

The powers of the planning department over the historic district are as follows:

i.

Employment of staff and professional consultants as necessary to carry out the duties outlined in this article.

ii.

Promulgation of rules and regulations as necessary for the conduct of business.

iii.

Making recommendations to the common council concerning the utilization of city, state, federal or private funds to promote the preservation of landmarks and the historic district within the city.

iv.

Approval or disapproval of applications for certificates of approval pursuant to this article.

(b)

The powers of the planning board over the historic district are as follows:

i.

Adoption of criteria for the identification of significant historic, architectural and cultural landmarks, landscape, and for any modification of the historic district.

ii.

Employment of staff and professional consultants as necessary to carry out the duties of the planning board in regard to the historic district responsibilities.

iii.

Designation of identified structures or resources as landmarks.

iv.

Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

v.

Recommending acquisition of a landmark structure by the city where its preservation is essential to the purposes of this article and where private preservation is not feasible.

vi.

Issue opinions to the planning department as required by this article for the issuance of certificates of approval.

vii.

Review opinions of the administrative review board, handed down through the appellate procedure contained in this article, and make determinations as to whether a planning department decisions to deny an application for a certificate of approval should be overturned.

viii.

Classification and/or reclassification of individual properties within the historic district.

(Ord. No. 9301A, 9-26-18)

(a)

All properties within the historic district are classified in terms of historic significance, condition, and degree of alteration. Each property is classified as one of five categories:

i.

Class (A): Highly significant, good condition, minimal alteration.

ii.

Class (B): Significant, minimal alteration.

iii.

Class (C): Significant, alterations exist.

iv.

Class (D): No historic significance, sympathetic to nearby structures.

v.

Class (E): Modern, no historic significance.

(b)

The planning board will undertake the classification and/or reclassification of properties within the historic district. The Avante Andiamo 2000 survey, conducted in 1981, serves as a guideline in the original attempt to classify each property.

(c)

Reclassification may be applied for by the owner of the property in question. Application must be made to the planning board for a review of the classification of his/her property. Reclassification will occur if upon review of the planning department records of approved changes to the property since the time of the initial classification the planning board finds that such reclassification holds merit. Reclassification cannot occur as a result of illegal or unauthorized changes to the property. A majority vote will reclassify the property. The planning department, common council, and codes enforcement office will be notified of any reclassification that is approved.

(Ord. No. 9301A, 9-26-18)

(a)

No person may carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within the historic district, nor may any person make any material change to the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior appearance and cohesiveness of the historic district, without first obtaining a certificate of approval from the planning department.

(b)

No building permit will be issued until the codes enforcement officer has received written notice of the granting of a certificate of approval, with accompanying certified copy of approved plans. In addition thereto, whether applicable, no certificate of occupancy permit will be issued until the codes enforcement officer has been advised and has certified, in writing, that the construction, alteration, or change has been carried out pursuant to and in accordance with the approved plans.

(c)

The certificate of approval is in addition to and not in lieu of any building permit that may be required by any other ordinance or provision of the city.

(Ord. No. 9301A, 9-26-18)

(a)

Prior to the commencement of any work requiring a certificate of approval, the owner must file an application for such a certificate with the planning department. The application must include:

i.

Name, address, and telephone number(s) of applicant.

ii.

Location and photographs of building and/or lot.

iii.

Precise written statement describing proposed changes or design (on the department's application form).

iv.

Final work drawings, with:

a.

Elevation of facades.

b.

Site plan.

c.

Indication of materials.

v.

Written specifications, with measurements.

vi.

Rehabilitation or restoration applications should include statement of physical or documentary evidence for proposed changes and a description of existing materials and their condition, particularly if replacement is proposed.

vii.

Elevation drawings of proposed changes, when applicable.

viii.

Perspective drawings, including relationship to adjacent properties, when applicable.

ix.

Samples of color or materials to be used, when applicable.

x.

Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property.

xi.

Any other information that the planning department may deem necessary in order to visualize and understand the proposed work.

(b)

The planning department must either approve, deny, or approve with modifications an applicant's proposal within 30 days from receipt of an application determined to be acceptable by the planning department where no planning board opinion is involved in the review. Where planning board opinion is either sought or required, the time limit will be 60 days from receipt of the application. This timeframe may be extended by the mutual consent of the applicant and the department.

(c)

The planning department may, at any time, ask the planning board for its opinion on any application at which time an opportunity will be provided for all interested parties to present their views.

(d)

No determination by the planning department will be valid without a planning board opinion, where such opinion is required. A request for a planning board opinion will be required in any instance where:

i.

The property in question has been classified as a class (A) property.

ii.

The property in question has been classified as a class (B) property.

iii.

The property in question has been classified as a class (C) property, and the proposed changes involve any of the following:

a.

A change in square footage of either floor or roof area.

b.

A material change in siding.

c.

A material change in doors or windows.

(d)

All decisions of the planning department must be put into writing. A copy must be mailed to the applicant, with copies mailed to the codes enforcement officer, as well as to the city clerk to be placed on file for public inspection. The decision of the planning department must state the reasons for approving, denying, or modifying an application.

(Ord. No. 9301A, 9-26-18)

(a)

In passing upon an application for a certificate of approval, the planning department must not consider changes to interior spaces.

(b)

The planning department's decision must be based upon the following principles:

i.

Properties that contribute to the character of the historic district must be retained, with their historic features altered as little as possible.

ii.

Any alteration of existing properties shall be compatible with its historic character, as well as with the surrounding district

iii.

New construction shall be compatible with the district in which it is located. Contemporary designs shall not be discouraged, so long as they are in line with the criteria below for compatibility.

(c)

In reviewing an applicant's proposal, the planning department may give consideration to, but not necessarily be limited by, the following factors:

i.

The historical and/or architectural value and significance of the structure and its relationship both to the surrounding neighborhood as well as to the historic district as a whole.

ii.

The general design, character, and appropriateness to the property of the proposed alteration or new construction.

iii.

The integrity of the original design.

iv.

The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.

v.

Texture, materials, and color, and their relation to similar features of other properties in the neighborhood.

vi.

Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion, and arrangement of windows and other openings within the facade, roof shape, and rhythm of spacing of properties on the streets, including setback.

vii.

The importance of historic, architectural, or other features to the significance of the property.

viii.

The criteria established in the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," as developed and published by the United States Department of the Interior.

ix.

Any other factors, including aesthetics, which the planning department deems pertinent for the purpose of its review and consideration.

(d)

In considering an application, the planning department must determine whether the proposed plan conforms to the criteria set forth in this article and may approve or disapprove the proposed design or require changes as in its judgment are necessary to carry out the general purposes of the zoning regulations.

(Ord. No. 9301A, 9-26-18)

(a)

An applicant whose certificate of approval for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant must establish the validity of either of the following:

i.

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

ii.

The owner of the property establishes through competent evidence that the status of the structure within the historic district prevents the use of the structure as a residence.

(b)

An applicant whose certificate of approval for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant must establish that:

i.

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

ii.

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return.

iii.

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(c)

After receiving written notification from the planning department of the denial of a certificate of approval, an applicant may commence the hardship process. No building permit or demolition permit will be issued unless the planning board makes a finding that a hardship exists.

(d)

The planning board may hold a public hearing on the hardship application, at which an opportunity will be provided for proponents and opponents of the application to present their views. The applicant must consult in good faith with the planning board, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

(Ord. No. 9301A, 9-26-18)

(a)

Step I: Mediation.

i.

Should an applicant determine or believe that the decision rendered by the planning department is unreasonable and not made pursuant to the provisions set forth in this article, the applicant may file an appeal from that decision within 15 days of receipt of a final determination of the planning department to the chairperson of the planning board and to the chairperson of the common council committee on historic preservation.

ii.

The administrative review board must meet within 15 days after receipt of the appeal with the applicant to review the determination rendered by the planning department and its basis therefore the administrative review board will review with the applicant the basis for their grievance and any options that might be available to them to achieve their proposal for renovations. The administrative review board will, as well, solicit input from representatives of the planning department to ascertain the rationale for their denial and to determine whether they, as well, had offered and/or considered alternatives to the applicant to achieve their desired goal(s) for their home, building, and/or property. The administrative review board will act to encourage communication between the various parties with an intent to promote a program for renovation or construction acceptable to both parties.

iii.

The administrative review board will consist of two members of the common council, to be appointed by the president of the common council, two members of the planning board, and a representative of the city planning department.

iv.

Should the administrative review board not achieve a proposal acceptable to both the applicant and the planning department, it will issue a written report to the full planning board of its findings and recommendations, to be reviewed by said body at its next regularly scheduled meeting. The planning board may choose at that time to either accept these findings and their recommendations and, should the applicant desire, choose to overturn the planning department decision, or in the alternate allow the original determination to stand.

v.

A copy of the administrative review board report will also be filed with the common council.

(b)

Step II: Appellate review.

i.

Should the applicant determine that the decision of the planning board according to the step I: Mediation procedure is not acceptable [unacceptable], they may by written application appeal the original decision of the planning department to the common council.

ii.

The review of the common council will be that of an appellate body, and is limited to a determination as to whether the actions taken by the planning department, under the circumstances surrounding the application and as governed by the rules and regulations governing said body, are in conformance with the criteria of this law.

iii.

Five votes in favor of the appeal of the applicant are required to override the decision of the planning department.

(Ord. No. 9301A, 9-26-18)

(a)

Nothing in this article prevents the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district that does not involve a change in design, material or outward appearance.

(b)

No owner or person with an interest in real property designated as a landmark or included within an historic district will permit the property to fall into a serious state of disrepair so as to result in the deterioration of an exterior architectural feature which would, in the judgment of the planning department, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

(c)

Examples of such deterioration include:

i.

Deterioration of exterior walls, trim, and/or other vertical supports.

ii.

Deterioration of roofs or other horizontal members.

iii.

Deterioration of exterior chimneys.

iv.

Deterioration or crumbling of exterior stucco or mortar.

v.

Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.

vi.

Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.

(Ord. No. 9301A, 9-26-18)

All work performed pursuant to a certificate of approval issued under this article must conform to any requirements included therein. It is the duty of the codes enforcement officer to inspect periodically any such work to ensure compliance. In the event work is found that is not being performed in accordance with a certificate of approval, or upon notification of such fact by the planning department, the codes enforcement officer will issue a stop work order and all work must immediately cease. No further work may be undertaken on the project as long as a stop work order is in effect.

(Ord. No. 9301A, 9-26-18)

(a)

Any new sign to be erected in the historic district must secure the planning department's approval.

(b)

In any historic district, in addition to the provisions set forth in sign regulations of this code, the following regulations apply:

i.

Signs, other than official signs, may not be erected within the right-of-way of any street or alley.

ii.

No flashing, oscillating, or revolving signs are permitted. A sign illuminated by artificial light that is not constant in intensity or color is considered a flashing sign.

iii.

No sign may project from the main facade of a building. Signs affixed to the building must be parallel with and applied to the facade of the building and cannot extend above the facade.

iv.

Freestanding signs may be permitted by the planning department when the sign is shown to be consistent with the character of the structure and the surrounding neighborhood.

v.

No advertising signs or billboards are permitted.

vi.

Signs within the district are to be sympathetic to the buildings' architecture and design.

vii.

Illumination, if requested, must be of an external nature only. All electrical equipment for illumination must be properly concealed.

viii.

All signs must be kept clean, neatly printed and free from all hazards, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.

(c)

If at any time the provisions of this section and the sign regulations of this code are found to be in conflict as they apply to the historic district, the provisions of this section govern and supersede.

(Ord. No. 9301A, 9-26-18)