[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992
(§§ 15-5-1 through 15-5-6 of the 1992 Code of Ordinances).
Amendments noted where applicable.]
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 or historic interest or value is beneficial and in
the interest of the property, safety and welfare of the people of Bayfield.
The purpose of this chapter is to:
A.
Preserve and enhance Bayfield's attractions to residents
and visitors, and serve as a support and stimulus to the local economy.
B.
Enhance the aesthetic character of Bayfield.
C.
Encourage and promote the protection, enhancement, and
perpetuation of such improvements which represent elements of Bayfield's cultural,
economic and architectural history.
D.
Consider Bayfield's heritage, as reflected in such historic
structures.
E.
Foster civic pride in the notable accomplishments of
the past.
F.
Raise public awareness of the desirability of Bayfield's
historic preservation program and its effect on the quality of life.
The following definitions shall be applicable in this chapter:
Any building, structure, site, work of art or other object constituting
a physical betterment of real property, or any part of such betterment, including
lighting fixtures, signs and the like.
The Plan Commission established by § 21-4 of the Code of the City of Bayfield.
A.
Criteria. 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, or cultural significance to the City of Bayfield,
such as a structure, site, or district which:
(1)
Exemplifies or reflects the cultural or architectural
history of the community; or
(2)
Is identified with historic personages or with important
events in national, state or local history; or
(3)
Embodies the distinguishing characteristics of an architectural
type or specimen inherently valuable for a study of a period, style, method
of construction; or
(4)
Is representative of the notable work of a master builder,
designer or architect who influenced his or her age.
B.
Procedures.
(1)
Designation of historic structures and historic sites.
(a)
The Plan Commission may, after notice and public hearing, recommend designation of historic structures and historic sites, or rescission of such designation, after application of the criteria in Subsection A above. At least 30 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected, including the owner of the affected property. Such owners shall have the right to confer with the Commission at the scheduled public hearing. Notice of such hearing shall also be published as a Class 1 Notice, under the Wisconsin Statutes. The Commission shall also notify the Architectural Review Board.
(b)
The Commission shall then conduct such public hearing
and, in addition to the notified persons, may hear expert witnesses. The Commission
may conduct an independent investigation into the proposed recommendation.
Within 10 days after the close of the public hearing, the Commission may recommend
designation of the property as either an historic structure or historic site,
or recommend rescission. After the recommendation has been made, notification
shall be sent to the property owner or owners.
(c)
Such recommendations shall then be sent to the Common
Council for approval. Notification shall be sent to the property owner or
owners of the Council's decision on the recommendations.
(2)
Designation of historic districts.
(a)
The Plan Commission shall select specific geographically defined areas within the City to be recommended to the Common Council for designation as historic districts. A district may be designated for any geographic area of particular historic, architectural or economic significance to the City in accordance with the criteria in Subsection A above.
(b)
The Plan Commission shall hold a public hearing when
considering a recommendation of an historic district. Notice of the time,
place and purpose of such hearing shall be given by publication as a Class
1 Notice under the Wisconsin Statutes in the official City paper. Notice of
the time, place and purpose of the public hearing shall also be sent by the
City Clerk to the Alderperson of the Aldermanic District or Districts in which
the historic district is located, and the owners of record, as listed in the
office of the City Assessor, who are proposed owners of the property within
the proposed historic district or are situated in whole or in part within
200 feet of the boundaries of the proposed historic district. Said notice
shall be sent at least 30 days prior to the date of the public hearing. Following
the public hearing, the Plan Commission shall vote to recommend, reject or
withhold action on the proposed district. This recommendation shall be forwarded
to the Common Council within 30 days.
(c)
The Common Council, upon receipt of the recommendations
from the Plan Commission, must either designate or reject the recommended
historic district. Before doing so, the Council reserves the right to hold
another public hearing on the matter if it so chooses. However, designation
of the historic district shall be accomplished by adoption of the plan for
the district in ordinance form. If the Common Council rejects the proposed
historic district, it shall be remanded back to the Plan Commission for further
consideration.
C.
Interim control. No building permit shall be issued by
the Zoning Administrator and/or Architectural Review Board 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 Plan Commission at which a nomination form
is first presented until the final disposition of the nomination by the Plan
Commission or the Common Council unless such alteration, removal or demolition
is authorized by formal resolution of the Common Council. In no event shall
the delay be for more than 90 days.
A.
Certificate of approval required. No owner or person
in charge of an historic structure, historic site, or property within an historic
district shall reconstruct, alter or demolish all or any part of the exterior
of such structure or any improvement on such site or property or construct
a new improvement thereon unless a certificate of approval for such work has
been granted by the Architectural Review Board.
B.
Criteria for approval. Upon filing of any application
for a certificate of approval with the Architectural Review Board, the Architectural
Review Board shall approve the application unless:
(1)
In the case of a designated historic structure or historic
site, the proposed work would adversely effect the exterior appearance of
the structure; or
(2)
In the case of the construction of a new improvement
or the reconstruction or alteration of an existing improvement within an historic
district, the exterior of such improvement would adversely affect the external
appearance of other neighboring improvements; or
(3)
In the case of a proposed demolition, the building or
structure is of such architectural or historical significance that its demolition
would be detrimental to the City of Bayfield, or the demolition would adversely
affect the external appearance of other neighboring improvements, or any hardship
or difficulty claimed by the owner is self-created or is the result of any
failure to maintain the property in good repair, provided, however, that the
demolition shall be approved if denial of the application would result in
the loss of all economically reasonable and beneficial use of the property;
or
(4)
Subject to the provisions in Subsection B(3) above, the proposed action does not substantially comply with the following standards:
(a)
The historic character of a property shall be retained
and preserved.
(b)
Each property shall be recognized as a physical record
of its time, place and use. Changes that nullify historical developments,
such as adding conjectural features or architectural elements, shall be carefully
undertaken making sure new construction complements current architectural
design.
(c)
Most properties change over time; those changes that
have historical significance in their own right shall be retained and preserved.
(d)
The surface cleaning of historic structures, if appropriate,
shall be undertaken using the gentlest means possible. The State Historical
Society may be consulted to determine gentlest means.
(e)
New work shall be compatible with the massing, size and
architectural features to protect the historical integrity of the property
and its environment.
(f)
Significant archaeological resources affected by a project
shall be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(5)
In determining whether Subsection B(1) through (3) above are applicable to a proposed action, the Architectural Review Board shall consider the following guidelines where applicable:
(a)
All new structures should be constructed to a height
visually compatible with the building and environment with which they are
visually related.
(b)
The gross volume of any new structure shall be visually
compatible with the buildings and environment with which it is visually related.
(c)
In the street elevation of a building, the proportion
between the width and height in the facade should be visually compatible with
the building and environment with which it is visually related.
(d)
The proportions and relationships between doors and windows
in the street facade should be visually compatible with the buildings and
environment with which it is visually related.
(e)
The rhythm of solids to voids, created by openings in
the facade, should be visually compatible with the buildings and environment
with which it is visually related.
(f)
The existing rhythm created by existing building masses
and spaces between them should be preserved.
(g)
The materials used in the final facade should be visually
compatible with the buildings and environment with which it is visually related.
(h)
The texture inherent in the facade should be compatible
with the buildings and environment with which it is visually related.
(i)
Colors and patterns used on the facade (especially trim)
should be visually compatible with the buildings and environment with which
it is visually related.
(j)
The design of the roof should be visually compatible
with the buildings and environment with which it is visually related.
(k)
The landscape plan should be sensitive to the individual
building, its occupants and their needs. Further, the landscape treatment
should be visually compatible with the buildings and environment with which
it is visually related.
(l)
The street facades should blend with other buildings
via directional expression. When adjacent buildings have a dominant horizontal
or vertical expression, this expression should be carried over and reflected.
(m)
Architectural elements should be incorporated as necessary
to relate the new with the old and to preserve and enhance the inherent characteristics
of the area.
C.
Procedures.
(1)
Upon approval of an application for a certificate of
approval, the Architectural Review Board shall issue the certificate of approval.
Upon the issuance of such certificate, a building permit shall be issued by
the City if all other permits have been obtained.
(2)
Should the Architectural Review Board fail to issue a
certificate of approval due to the failure of the proposal to conform to the
requirements of this chapter, the applicant may appeal such decision to the
Zoning Board of Appeals within 30 days of denial.
(3)
If the Architectural Review Board fails to issue a certificate
of approval, it shall, with the cooperation of the applicant, work with the
applicant in an attempt to obtain a certificate of approval within the requirements
of this chapter.
D.
Applicability to agencies, utilities and transportation
companies. Agencies of the City of Bayfield and all public utility and transportation
companies undertaking projects affecting historic structures, historic sites
or historic districts, shall be required to obtain a certificate of approval
prior to initiating any major changes in the character of street paving, sidewalks,
utility installations, lighting, walls, fences, structures, and buildings
on property, easements, or streets owned or franchised by the City of Bayfield.
E.
Other permits, appeals and ordinances. The issuance of
a certificate of approval 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 approval required for the proposed work. Insofar as they are
applicable to an historic structure, historic site, or improvement in an historic
district designated under this chapter, any provision of the plumbing code,
electrical code, or building or housing codes of the City shall apply, unless
waived by the appropriate state or City officials. The Architectural Review
Board may support or propose such waivers before the appropriate state or
City appeals body.
F.
Compliance with certificate. Work authorized by a certificate
of approval shall be started within 12 months following said issuance of the
certificate or the certificate shall expire and require reissuance. The work
shall conform to the provisions of the certificate. The City may inspect the
work during and after construction in order to assure compliance. Failure
to comply with a certificate of approval or failure to obtain a certificate
of approval shall be a violation of this section. In addition to other penalties
and remedies, the City shall issue a stop-work order. Once a stop-work order
has been issued, work on that portion of the project must cease immediately.
However, work on other portions of the project may continue provided they
comply with the other provisions in this chapter.
G.
Ordinary maintenance and repairs. Ordinary maintenance
and repairs as defined by the Architectural Review Board may be undertaken
without a certificate of approval 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 similar in appearance and provided that
the work does not substantially change the exterior appearance of the structure
or site and does not require the issuance of a building permit.
H.
Emergency conditions. In any case where the Building
Inspector determines that there are emergency conditions dangerous to life,
health or property affecting an historic structure, site or property in an
historic district, the Building Inspector may order the remedying of these
conditions without the approval of the Architectural Review Board. The Building
Inspector shall promptly notify the Architectural Review Board of the action
being taken. When the emergency conditions do not require demolition, the
Building Inspector shall make every effort to carry out the intent of this
chapter and to use the design guidelines of the Architectural Review Board
when remedying the emergency conditions.
I.
Other duties of the Architectural Review Board (ARB).
In addition to those duties already specified in this section, the Architectural
Review Board may:
(1)
Work cooperatively with other entities to ensure the
continuing education of the citizens about the historical heritage of the
City and the historic properties designated under the provisions of this chapter.
(2)
Cooperate with the State of Wisconsin historic preservation
officer and the State Historic Preservation Review Board in attempting to
include such properties hereunder designated as landmarks or landmark sites,
or historic districts in the National Register of Historic Places and the
State Register of Historic Places.
(3)
Make recommendations for designation of historic sites,
structures, or districts to the Plan Commission for its consideration.
(4)
As it deems advisable, may receive and solicit funds
for the purpose of historic preservation in the City. Such funds shall be
placed in a special City account for such purpose.
A.
Every owner or person in charge of an historic structure,
historic site or improvement in an historic district shall maintain the same
or cause or permit it to be maintained in a condition consistent with the
provisions of this chapter. The Common Council may appoint a Building Inspector
to enforce this chapter. The duties of the Inspector shall include periodic
inspections at the direction of the Common Council, of designated historic
structures, historic sites and historic districts.
B.
Every owner or person in charge of an historic structure,
site, or improvement in an historic district shall keep in good repair all
of the exterior portions of all structures and improvements and all interior
portions thereof which, if not so maintained, may cause or tend to cause the
exterior portions of such improvement to fall into a state of disrepair, including
but not limited to:
(1)
The deterioration of exterior walls or other vertical
supports;
(2)
The deterioration of roofs or other horizontal members;
(3)
The deterioration of external chimneys;
(4)
The deterioration or crumbling of exterior plasters or
mortar;
(5)
The ineffective waterproofing of exterior walls, roofs,
and foundations, including broken windows or doors;
(6)
The excessive peeling of paint, rotting, holes, and other
forms of decay;
(7)
The deterioration of surrounding environment, e.g., fences,
gates, sidewalks, steps, signs, accessory structures, and landscaping;
(8)
The deterioration of any features so as to create or
permit the creation of any hazardous or unsafe condition or conditions.
(9)
All interior portions thereof which may cause the exterior
to deteriorate or become damaged or otherwise to fall into a state of disrepair.
C.
Exceptions for economic hardships.
(1)
An owner or person in charge of an historic structure, historic site, or improvement within an historic district may seek an exception to the requirements of Subsections A and B above on grounds that compliance would cause undue economic hardship and that the granting of an exception would not unduly interfere with the intent and purpose of this chapter.
(2)
An application for an exception shall be submitted to
the Architectural Review Board which, after consideration of the application,
shall make a recommendation for its approval or denial to the Common Council.
The Common Council, after consideration of the application and the recommendation
of the Architectural Review Board, shall then approve or deny the application.
Any person or persons violating any provision of this chapter may be
fined not less than $50 nor more than $500 for each separate violation, and
a stop-work order shall be issued if necessary or appropriate. Each and every
day which a violation continues may be deemed to be a separate offense. Notice
of violations may be issued by the Building Inspector. If the violations remain
uncorrected after the time specified in the notice, the City may, at its election,
impose fines and/or have the violations corrected at City expense and have
a lien placed against the property equal to the cost of the repairs, plus
applicable fines and administrative costs.
