HomeMy WebLinkAbout07-43JANUARY 23, 2007 07 -43 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND ZONING ORDINANCE / CHAPTER 30 -
HISTORIC PRESERVATION ORDINANCE
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE HISTORIC
PRESERVATION ORDINANCE OF THE ZONING ORDINANCE
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30 -76(B) Definitions is hereby amended by creating new
paragraph (7) to read as follows. Existing paragraphs (7) to (19) inclusive shall be
renumbered (8) to (20) inclusive.
(7) ECONOMIC HARDSHIP In the content of this Ordinance, economic hardship occurs when
a property owner is unable to sell a designated landmark solely because of the designation.
To demonstrate economic hardship, an owner /agent must provide a statement from a
licensed realtor familiar with the Oshkosh market, the subject property and this Ordinance,
that the asking price is reasonably proximate to the market value and the property is in
reasonable functional condition for its age. The property owner must also provide written
statements from at least two potential purchasers stating that they are aware of the
requirements imposed by this Ordinance and are unwilling to make a reasonable offer on
the property because of the landmark designation.
That Section 30 -76(G) Rescission of Landmark Designation be repealed and recreated to
read as follows.
(G) Rescission of Landmark Designation
(1) Initiation of Process The Commission, Common Council, or any party who is the
owner of record of an individually designated landmark, or the legal representative
of the owner of record of an individually designated landmark, may file a petition for
rescission of designation of that individually designated property. In the case of a
landmarked historic district or thematic group, a simple majority of the property
owners may petition for rescission of the designation of landmark designation of the
district or thematic group. A petition for rescission may only be granted if any of the
following can be demonstrated:
(a) That the landmark designation has caused economic hardship; or
(b) The individual property, district or thematic group has lost the characteristics
for which it was designated a landmark.
SECTION 2. This Ordinance shall be in full force and effect on and after its
passage and publication.