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HomeMy WebLinkAboutItem 4 SUBCHAPTER 41E: - MAINTAINING LANDMARKS, LANDMARK SITES AND HISTORIC DISTRICTS 41.13 - PUBLIC INTEREST IN PRESERVATION AND MAINTENANCE. The Common Council finds that it is in the public interest to preserve and maintain landmarks, landmark sites, and im provements in historic districts, and to vigorously enforce this chapter and other City ordinances that have a related purpose. 41.14 - MAINTENANCE OBLIGATION; ENFORCEMENT; PENALTIES. (1) Maintenance Obligation . Every owner of a landmark, improvement o n a landmark site, or improvement in a historic district shall do all of the following: (a) Protect the improvement against exterior decay and deterioration. (b) Keep the improvement free from structural defects. (c) Maintain interior portions of the improvement, the deterioration of which may cause the exterior portions of such improvement to fall into a state of disrepair. (2) Enforcement . (a) The Building Inspector or designee is authorized to enforce the provisions of this chapter. (b) The Building Inspector may issue an official written notice to a property owner, requiring the property owner to correct a violation of Sec. 41.14(1) above by a date specified in the notice. (c) The Building Inspector shall notify the Preservation Planner of all official compliance notices issued to owners of landmarks or improvements in historic dis tricts. The Building Inspector shall further notify the Preservation Planner whenever a property owner fails to correct a violation by the compliance date specified in an official notice. (d) City agencies or commissions responsible for enforcing Chapter s 18, 27, 29, 30 and 3, MGO, or, in the absence of such city agency or commission, the Building Inspector, may grant individual variances from those chapters to f acilitate historic preservation and maintenance under this chapter, provided that such varianc e does not endanger public health or safety or vary any provisions of this chapter. (3) Penalties . Violations of the provisions in this ordinance shall be subject to a minimum forfeiture of two hundred fifty dollars ($250) and a maximum forfeiture of fi ve hundred dollars ($500) for each separate violation. A second violation within thirty-six (36) months shall be subject to a minimum forfeiture of five hundred d ollars ($500) and maximum forfeiture of one thousand dollars ($1000) for each separate violation. A third violation within thirty-six (36) months shall be subject to a minimum forfeiture of one thousand dollars ($1000) and maximum forfeiture of two thousand dollars ($2000) for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate violation. All fines imposed under this ordinance shall be tripled if the Court makes an additional finding that the subje ct property is undergoing demolition by neglect as defined by this ordinance. A finding of dem olition by neglect by the Landmarks Commission as provided in Sec. 41.15 below shall be prima facie evidence of demolition by neglect for purposes of any civil co urt action. 41.15 - DEMOLITION BY NEGLECT. The owner of a landmark, improvement on a landmark site, or improvement in a historic district, may not allow the landmark or improvement to undergo demolition by neglect. (1) Notice of Demolition by Neglect . If the Building Inspector believes that a landmark or improvement is undergoing demolition by neglect, the Building Inspector shall give written notice of that belief to the owner of the landmark or improvement. The Building Inspector shall give a copy of the notice to the Preservation Planner and the Landmarks Commission. (2) Public Hearing . Upon receiving a notice under Sec. 41.15(1), the Landmarks Commission shall issue a hearing notice under Sec. 41.06 and hold a public hearing to determine whether the landmark or improvement is undergoing demolition by neglect. The Commission shall hold the public hearing within ninety (90) days of receiving the notice under Sec. 41.15(1). (3) Landmarks Commission Finding . If, after a public hearing, the Landmar ks Commission finds that a landmark or improvement is undergoing demolition by neglect, it shall report its finding to the Common Council, the Building Inspector and the Office of the City Attorney. A Landmarks Commission finding of demolition by neglect is prima facie evidence of demolition by neglect for purposes of any administrative or civil court action, and also constitutes a determination that a public nuisance exists under Sec. 27.05(3), MGO. (4) Appeal of Landmarks Commission Finding . (a) An ap peal from a Landmarks Commission finding under Sec. 41.15(3) may be taken to the Common Council by the owner of the affected landmark or improvement, the alder of the district in which the subject property is located, or by the owners of twenty percent (20%) of the number of parcels of property within two hundred (200) feet of the subject property, measured according to Sec. 41.03(5). (b) An appeal under sub. (a) shall be filed with the City Clerk within ten (10) days after the Landmarks Commission makes its finding. The appeal shall include the name and address of each petitioner, and shall specify the grounds for appeal. The City Clerk shall forward the petition to the Common Council. (c) The Common Council shall hold a public hearing regarding any ap peal it receives under sub. (b). (d) Following a public hearing, the Common Council may, by favorable vote of two-thirds (â…”) of its members, reverse or modify the Landmarks Commission finding, with or without conditions, or may refer the matter back to th e Commission with or without instructions, if it finds that the Commission's decision is contrary to applicable standards under this subchapter. (5) Abatement by the City . If the Landmarks Commission finds under Sec. 41.15(3) that a landmark or improve ment is undergoing demolition by neglect, the Building Inspector may proceed under the non-summary abatement procedures set forth in Sec. 27.05(3)(e), to repair the landmark or improvement to abate the nuisance. The cost of the required repairs shall be pai d by the property owner, or shall be imposed as a special charge against the property and collected pursuant to the provisions of Sec. 4.09(13), MGO, and Wis. Stat. § 66.0627. (6) Acquisition by City . If the Landmarks Commission finds under Sec. 41.15(3) that a landmark or improvement is undergoing demolition by neglect, the Common Council may authorize the City to acquire the property under Wis. Stat. § 66.1111(2), if necessary through the initiation of condemnation proceedings under Wis. Stat. § 32.06. SUBCHAPTER 41F: - CERTIFICATES OF APPROPRIATENESS—PROJECTS ON LANDMARKS, LANDMARK SITES AND IN HISTORIC DISTRICTS 41.16 - CERTIFICATE OF APPROPRIATENESS REQUIRED. A certificate of appropriateness is required for all of the actions identified under Sec s. 41.09 and 41.12. 41.17 - OBTAINING A CERTIFICATE OF APPROPRIATENESS. (1) Application . A property owner may apply for a certificate of appropriateness for a proposed action under Sec. 41.16 related to that owner's property. The property owner shall f ile the application on a form approved by the Landmarks Commission. The property owner shall file the application with the City Planning Division, to the attention of the Preserva tion Planner. Every application shall include at least the following informat ion unless otherwise indicated by the Preservation Planner: (a) Completed Application document. (b) Narrative Description of the project. (c) Architectural drawings, which may include: 1. Scalable drawing set reduced to 11" x 17". 2. Floor plans. 3. Dimensioned site plans showing siting of structures, grading, landscaping, pedestrian and vehicular access, lighting, signage, and other features. 4. Elevations of all sides showing exterior features and finishes, subsurface construction, floor and roof. 5. Plan views of above- and below-grade levels and roof. 6. For proposals of more than two (2) commercial or residential or combination thereof units, a minimum of two (2) accurate street-view normal perspectives shown from a viewpoint of no more than five (5) feet above existing grade. (d) Any other information requested by the Preservation Planner to convey the aspects of the project. (e) Signature of the property owner. (2) Review for Completeness . The Preservation Planner shall review each application under sub. (1) for completeness. When the Preservation Planner finds that an application is complete, the Preservation Planner shall stamp the application with the date of the completeness finding. The Preservation Planner shall promptly f orward each complete application to the Landmarks Commission unless, under Sec. 41.17(4), the Commission has authorized the Preservation Planner to administratively grant or deny the application. (3) Public Hearing; When Required . The Commission shall i ssue a notice under Sec. 41.06 and hold a public hearing on a complete application if the application proposes any of the following: (a) Demolition or removal of all or part of a landmark. (b) Demolition or removal of a structure in a historic district. (c) Construction of a new principal structure in a historic district or on a landmark site. (Am. by ORD-16-00082, 9-15-16) (d) Construction of an accessory structure with a footprint larger than one hundred (100) square feet, not including decks and open porches, in a historic district or on a landmark site. (Am. by ORD-16-00082, 9-15-16) (e) Land divisions and combinations. (f) Exterior alteration of a structure in a historic district that increases the footprint of the structure more than one hundred (100) square feet, not including decks and open porches. (4) Administrative Approval . The Landmarks Commission may authorize the Preservation Planner to act on an application for certificate of appropriateness on projects that do not require a public hearing, provided that the Commission shall first adopt written policies establishing which projects can be administratively approved b y the Preservation Planner, and that the Preservation Planner follows the Commission's written policies when granting or denying applications under this provision. (5) Granting or Denying an Application . Within sixty (60) days of a completeness finding under Sec. 41.17(2), the Preservation Planner or Landmarks Commission shall, based upon the applicable standards in S ec. 41.18, approve or deny the application for certificate of appropriateness. Failure to approve or deny an application within sixty (60) days of a completeness finding shall be deemed a denial of the application, effective on the last day of the determination period. The determination period may be extended an additional sixty (60) days with the applicant's written agreement. (6) Issuance of a Certificate of Appropriateness . Upon approval of an application, the Preservation Planner shall issue a certificate of appropriateness to the property owner. (7) Expiration of a Certificate of Appropriateness . A certificate of appropriateness shall expire two (2) years from the date of issuance unless a building permit is obtained within such period. 41.18 - STANDARDS FOR GRANTING A CERTIFICATE OF APPROPRIATENESS. A certificate of appropriateness shall be granted only if the proposed project complies with this chapter, including all of the following standards that apply. (1) New Construction or Exterior Alte ration . The Landmarks Commission shall approve a certificate of appropriateness for exterior alteration or construction only if: (a) In the case of exterior alteration to a designated landmark, the proposed work would meet the Secretary of the Interior's Standards for Rehabilitation. (b) In the case of exterior alteration or construction of a structure on a landmark site, the proposed work would meet the Secretary of the Interior's Standards for Rehabilitation. (c) In the case of exterior alteration or construction on any property located in a historic district, the proposed exterior alteration or construction meets the adopted standards and guidelines for that district. (d) In the case of any exterior alteration or construction for which a certific ate of appropriateness is required, the proposed work will not frustrate the public interest expressed in this ordinance for protecting, promoting, conserving, and using the City's historic resources. (2) Demolition or Removal . In determining whether to approve a certificate of appropriateness for any demolition or removal of any landmark or structure within a historic district, the Landmarks Commission shall consider all of the following, and may give decisive weight to any or all of the following: (a) Whether the structure is of such architectural or historic significance that its demolition or removal would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State. (b) Whether a landmark's designation has been rescinded. (c) Whether the structure, although not itself a landmark structure, contributes to the distinctive architectural or historic character of the historic district as a whole and therefore should be preserved for the benefit of the people of the City and the State. (d) Whether demolition or removal of the subject property would be contrary to the policy and purpose of this ordinance and/or to the objectives of the historic preservation plan for the applicable historic district as duly adopted by the Common Council. (e) Whether the structure is of such old and unusual or uncommon design, method of construction, or material that it could not be reproduced or be reproduced only with great difficulty and/or expense. (f) Whether retention of the structure would promote the general welfare of the people of the City and the State by encouraging study of American history, architecture and design or by developing an understanding of American culture and heritage. (g) The condition of the property, provided that any deterioration of the property which is self- created or which is the result of a failure to maintain the property as required by this chapter cannot qualify as a basis for the issuance of a certificate of appropriateness fo r demolition or removal. (h) Whether any new structure proposed to be constructed or change in use proposed to be made is compatible with the historic resources of the historic district in which the subject property is located, or if outside a historic d istrict, compatible with the mass and scale of buildings within two hundred (200) feet of the boundary of the landmark site. Prior to approving a certificate of appropriateness for demolition, the Landmarks Commission may require the applicant to provide documentation of the structure. Documentation shall be in the form required by the Commission. (3) Signs . The commission shall approve a certificate of appropriateness for signs unless it finds that any of the following are true: (a) The size or design of the sign(s) would adversely affect the historic fabric of the structure or the district; (b) The sign(s) fails to comply with Chapter 31, MGO; (c) The sign(s) fails to comply with specific standards and guidelines for signs adopted in each historic district under this ordinance. (4) Land Divisions and Combinations . The commission shall approve a certificate of appropriateness for land divisions, combinations, and subdivision plats of lan dmark sites and properties in historic districts, unless it finds that the proposed lot sizes adversely impact the historic character or significance of a landmark, are incompatible with adjacent lot sizes, or fail to maintain the general lot size pattern of the historic district. 41.19 - VARIANCES. (1) General . A property owner who applies for a certificate of appropriateness under Subchapter F may request a variance from one or more standards under Sec. 41.18. The Landmarks Commission may vary one or more standards under Sec. 41.18 for any of the following reasons: (a) Economic hardship under sub. (4) below. (b) Historic design under sub. (5) below. (c) Alternative design under sub. (6) below. (d) Projects which are necessary for the public interest under sub. (7) below. (2) Variance Request . A property owner shall make a variance request under sub. (1) above on a form approved by the Landmarks Commission. The request shall include: (a) The name and address of the property owner. (b) The location of the property to which the request pertains. (c) The certificate of appropriateness application under Sec. 41.17 to which the varian ce request pertains. (d) The type of variance requested under sub. (1). (e) The specific standard or standards under Sec. 41.18 from which the owner requests a variance. (f) The circumstances and supporting evidence that justify the requested variance. (g) Any other materials requested by the Preservation Planner or Landmarks Commission. (3) Hearing, Decision, and Appeal . (a) The Landmarks Commission shall hol d a public hearing on each variance request under sub. (1). The Commission shall give notice of the hearing as provided in Sec. 41.06. The Commission may combine the hearing with a hearing on the proposed certificate of appropriateness to which the varianc e request pertains, provided that the hearing noti ce identifies both items. (b) After it holds a public hearing on a variance request, the Commission shall grant or deny the request. (c) The Commission's decision under par. (b) may be appealed to the C ommon Council, as provided under Sec. 41.20. (4) Economic Hardship Variance . The Landmarks Commission may grant a variance from a standard under Sec. 41.18 if all of the following apply: (a) Strict literal application of the standard would deny the pr operty owner a reasonable rate of return on invest ment, or would impose upon the property owner an unreasonable and unnecessary financial hardship. (b) The circumstances justifying the variance are unique to the property in question, and, 1. Were not c aused by the owner's failure to maintain the prope rty as required by this chapter; and 2. Does not apply to a substantial portion of the historic district or historic resources within two hundred (200) feet of the subject property; and 3. Will not alter the historic character of the historic district or historic resources within two hundred (200) feet of the subject property. (c) The property owner documents the circumstances justifying the variance. The Landmarks Commission may publish evidentiary gu idelines to assist property owners, and to ensure the Commission receives adequate documentation for variances granted under this subsection. Required documentation includes: 1. Property purchase costs; 2. Rental income; 3. Real estate listings, disclosure statements, asking prices, and purchase off ers; 4. Tax assessments and real estate listing for comparable properties; 5. Improvements made, and improvement costs incurred, during ownership; 6. Routine maintenance costs incurred during ownership; 7. Costs to comply with the standard from which a variance is requested; 8. Other documentation reasonably requested by the Landmarks Commission. (5) Historic Design Variance . The Landmarks Commission may grant a variance allowing, as part of the alteration of an existing structure, elements otherwise prohibited under Sec. 41.18 if all of the following apply: (a) The property owner provides photographic or other evidence to show that other local structures, of similar age and style, incorporated similar elements as part of the original design. (b) The proposed alteration complies with all other applicable standards under Sec. 41.18. (c) The alteration will not destroy significant architectural features on the building. (6) Alternative Design Varian ce . The Landmarks Commission may grant a variance allowing, in a new or altered structure, elements that are otherwise prohibited under Sec. 41.18 if all of the following apply: (a) The elements will enhance the quality of the design. (b) The design complies with all other applicable standards under Sec. 41.18. (c) The design does not allow material deviations from historic district standards and guidelines that would undermine the character or purpose of the historic district. (d) The design will have a beneficial effect on the historic character of the area within two hundred (200) feet of the subject property. (7) Public Interest Variance . The Landmarks Commission may grant a variance allowing the construction of a new structure, or the alteration, demolition or removal of an existing structure, which would otherwise be prohibited under Sec. 41.18, if the Commission finds that a variance is necessary in the public interest. A variance is necessary in the public interest if the Commission finds all of the following: (a) The proposed building, object, site or structure provides unique, high priority benefits to the general public. (b) The benefits to the general public under sub. (7)(a) above substantially outweigh the strong public interest in preserving historic resources expressed in this chapter. (c) There are no reasonable alternatives to granting a variance that would allow the proposed project to occur in the city and satisfy the standards of this chapter. 41.20 - APPEAL TO COMMON COUNCIL. (1) The applicant, the alder of the district in which the subject property is located, or the owners of twenty percent (20%) of the number of parcels of property within two hundred (200) feet of the subject property may appeal to the Common Council the decision of the Landmarks Commission to approve or deny a certificate of appropriateness or variance request. (2) The appellant(s) shall file a petition of appeal with th e City Clerk within ten (10) days of the Landmarks Commission's final d ecision. The petition shall indicate the identity and address of the petitioners and the specific grounds for appeal. (3) Once a petition is filed, the City Clerk shall forward the pe tition to the Common Council. The Common Council shall set the appeal for a public hearing. (4) After a public hearing, the Common Council may, by favorable vote of a majority of its members, reverse or modify the decision of the Landmarks Commission wit h or without conditions, or refer the matter back to the Commission with or without instructions, if it finds that the Commission's decision is contrary to the applicable standards under Secs. 41.18, 41.19, or any district-specific standards contained in S ubchapter G. (Am. by ORD-16-00082, 9-15-16) 41.21 - PENALTIES FOR FAILURE TO OBTAIN CERTIFICATE OF APPROPRIATENESS. (1) Permits . The Building Inspector shall not issue a permit allowing alteration, construction, demolition, removal, or for any other action for which a certificate of appropriateness is required unless the certificate has been approved by the Commission and issued by the Preservation Planner or designee. (2) Prohibition . No owner, operator, or pe rson in charge of a landmark, landmark site or structure within an historic district shall cause or permit any painting of signs, alteration, construction, demolition or removal for which a certificate of appropriateness is required unless such Certificate has been approved by the Commission. (3) Penalty for Work Done Without, or in Violation of, a Certificate of Appropriateness . In addition to any other penalty provided in this chapter, the Landmarks Commission, may order the removal or modification of any alteration, construction or other work that was performed without a required certificate of appropriateness, or that was not performed in compliance with the conditions of a lawfully issued certificate of appropriateness, when such work does not meet the applicable standards for a certificate under Subchapter F of this ordinance. Alternatively, the Commission may order renovation to make such work comply with those standards.