[HISTORY: Adopted by the Village Board of the Village of
Allouez 2-17-2015 by Ord. No. 2015-02 (Ch. 424 of the Village Code). Amendments noted where applicable.]
[Amended 1-16-2018 by Ord. No. 2018-01]
This chapter is designed to promote the general welfare of the
community and of the state by regulating any place, structure or object
with a special character, historic interest, aesthetic interest or
other significant value for the purpose of preserving the place, structure
or object and its significant characteristics. The intent of this
chapter is to initiate and regulate the process for locally designating
properties or districts or to initiate and facilitate the selection
and nomination process for properties or districts to be placed on
the State and/or National Register of Historic Places. Sites placed
on the State and/or National Register of Historic Places are not automatically
considered locally designated and are not immediately subject to the
same controls and restrictions outlined in this chapter. 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 Village of Allouez's cultural, social, economic, political
and architectural history.
B.
Safeguard the Village of Allouez'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 Village of Allouez.
D.
Foster civic pride in the beauty and accomplishments of the past.
E.
Enhance the Village's attraction to residents, tourists and visitors
and serve as a support and stimulus to local business.
F.
Strengthen the economy of the Village.
G.
Promote the use of historic structures, sites and districts for the
education, pleasure and welfare of the residents of Allouez.
[Amended 2-7-2017 by Ord.
No. 2017-02; 1-16-2018 by Ord. No. 2018-01]
Unless otherwise indicated, the below words, terms or phrases
used herein shall have the following meanings:
Any act or process which changes one or more of the exterior
features of a structure, including, but not limited to, the erection,
construction, reconstruction or moving of any improvement.
A statement verifying that the Commission has reviewed an
application to allow the alteration, rehabilitation, reconstruction
or razing of any improvement upon an historic site or within an historic
district; that the Commission has found the requested action to be
appropriate to the general character of the historic site or historic
district; and that the requested action may be taken subject to applicable
building and zoning codes.
[Amended 8-1-2023 by Ord. No. 2023-07]
The Historic Preservation Commission created under this chapter.
[Amended 8-1-2023 by Ord. No. 2023-07]
A place or area designated as an historic district by the
Village Board on recommendation of the Commission. In order to be
designated, the following requirements shall be met: The historic
district may contain, within definable geographic boundaries, one
or more historic structures along with such other buildings, places
or areas which, while not of such historic significance to be designated
as historic structures, nevertheless contribute to the overall visual
character of the historic structure or structures located within the
district.
[Amended 8-1-2023 by Ord. No. 2023-07]
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the Village and which has been designated
as an historic structure pursuant to the provisions of this chapter.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property or any part of
such betterment.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the Village which has been designated
as a landmark pursuant to the provisions herein.
Any parcel of land of historic significance due to a substantial
value in tracing the history of aboriginal man or upon which an historic
event has occurred and which has been designated as a landmark site.
Any act or process which demolishes or destroys, in part
or in whole, an improvement.
[Amended 5-3-2016 by Ord.
No. 2016-02; 2-7-2017 by Ord. No. 2017-02; 8-1-2023 by Ord. No. 2023-07]
The Historic Preservation Commission shall be established as provided in § 5-9 of this Code.
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, archaeological
or cultural significance to the Village, 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 age; or
(5)
Have yielded, or may be likely to yield, information important to
prehistory or history.
B.
The Commission shall adopt specific operating guidelines for historic
structure, historic site and historic district designation provided
such are in conformance with the provisions of this chapter.
[Amended 8-1-2023 by Ord. No. 2023-07]
[Amended 1-16-2018 by Ord. No. 2018-01; 8-1-2023 by Ord. No. 2023-07]
A.
The Commission shall have the power, subject to § 248-6, to designate historic structures and historic sites and to recommend designation of historic districts within the Village limits. Such designation shall be made based on § 248-4. Historic districts shall be approved by the Village Board. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
B.
If any property, site, physical object, building, or structure is an historic landmark or is contributing to an historic district, as recognized by local designation by the Village of Allouez, the Commission shall have the authority to review an application to alter, repair, rehabilitate, reconstruct, or raze any improvement upon such structure and may issue a certificate of appropriateness, as required under § 248-6.
A.
Designation of historic structures and historic sites.
(1)
After receipt of recommendation from the Commission, the Village
Board may, after notice and public hearing, designate historic structures,
sites and districts. At least 10 days prior to such hearing, the Village
Clerk-Treasurer shall notify the owners of record who are owners of
property in whole or in part situated within 200 feet of the boundaries
of the property affected.
[Amended 8-1-2023 by Ord. No. 2023-07]
(2)
The Village Board shall then conduct such public hearing. Within
30 days after the close of the public hearing, the Village Board may
designate the property as either a historic structure or a historic
site. If the properties are designated as a historic structure or
a historic site, notification shall be made of this decision to the
property owner or owners by certified mail, return receipt. The designation
shall be recorded, at Village expense, at the County Register of Deeds
office.
(3)
At such time as a historic structure or site has been properly designated,
the Commission, in cooperation with the property owner, may prepare
and erect on such property and at Village expense a suitable plaque
declaring that such property is a historic structure or site.
[Amended 8-1-2023 by Ord. No. 2023-07]
B.
Creation of historic district.
[Amended 8-1-2023 by Ord. No. 2023-07]
(1)
For preservation purposes, the Commission shall select geographically defined areas within the Village to be designated as historic districts and shall prepare a historic preservation plan for each area. A historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the Village, after application of the criteria in § 248-4 above. Each historic preservation plan prepared for or by the Commission 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.
(2)
Review and adoption procedure.
(a)
The Historic Preservation Commission shall hold a public hearing
when considering the plan for a historic district. Notice of the time,
place and purpose of the public hearing shall be sent by the Village
Clerk-Treasurer to the owners of the property within the proposed
district or who are situated in whole or in part within 200 feet of
the boundaries of the proposed district. Said notice shall be sent
at least 10 days prior to the date of the hearing. Following the public
hearing, the Commission shall vote to recommend, reject or withhold
action on the plan.
(b)
The Village Board, upon receipt of the recommendations from the Commission, shall hold a public hearing, notice to be given by the Village Clerk-Treasurer as noted in Subsection A(1) above, and shall, following the public hearing, either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of said plan.
(3)
At such time as a historic district has been properly designated,
the Commission, in cooperation with the property owner, may prepare
and erect on such property and at Village expense a suitable plaque
declaring that such property is a historic district.
C.
Regulation of construction, reconstruction, alteration and razing.
(1)
No owner or person in charge 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 property 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 property unless a certificate of appropriateness has been granted
by the Historic Preservation Commission. Also, unless such certificate
has been granted by the Commission, the Building Inspector shall not
issue a permit for any such work.
[Amended 8-1-2023 by Ord. No. 2023-07]
(2)
Upon filing of any application for a certificate of appropriateness
with the Commission, the Commission shall approve the application,
except:
[Amended 8-1-2023 by Ord. No. 2023-07]
(a)
In the case of a designated historic structure or historic site,
where 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, where 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 where a building or structure, although not itself
a designated historic structure, contributes to the distinctive architectural
or historic character of the historic district as a whole.
(d)
In the case of any property located in a historic district,
where the proposed construction, reconstruction, exterior alteration
or razing does not conform to the purpose and intent of this chapter
and to the objectives and design criteria of the historic preservation
plan for said district.
(e)
In the case where the building or structure is of such old,
unusual, or uncommon design, texture and/or material that it could
not be reproduced or be reproduced only with great difficulty and/or
expense.
(f)
In the case where 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 Village.
(g)
In the case of a request for the razing of a deteriorated building
or structure, where any preservation or restoration efforts would
not be structurally or economically feasible, provided that any hardship
or difficulty claimed by the owner which is self-created or which
is the result of any failure to maintain the property in good repair
cannot qualify as a basis for the issuance of a certificate of appropriateness.
(3)
At such time as a property owner or person in charge of a property
applies for a certificate of appropriateness to alter, rehabilitate,
reconstruct, or add an addition to an improvement, such application
shall be filed with the Historic Preservation Commission. 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 30 days of the filing
of the application to alter, rehabilitate, reconstruct, or add an
addition to an improvement.
[Amended 8-1-2023 by Ord. No. 2023-07]
(4)
At such time as a property owner or person in charge of a property
applies for a certificate of appropriateness to raze an improvement,
such application shall be filed with the Historic Preservation Commission.
Upon such application, the Commission may refuse to grant such written
approval for a period of up to 60 days from the time of such application
for single-family homes and up to 90 days for other types of structures,
during which time the Commission and the applicant shall undertake
serious and continuing discussions for the purpose of finding a method
to save such property. During such period, the applicant and the Commission
shall cooperate in attempting to avoid razing of the property. At
the end of the required time period, if no mutually agreeable method
of saving the subject property bearing a reasonable prospect of eventual
success is underway, or if no formal application for funds from any
governmental unit or nonprofit organization to preserve the subject
property is pending, the Building Inspector may issue the permit to
raze the subject property without the approval of the Commission.
If such mutually agreeable method for saving the subject property
is not successful or no such funds to preserve the subject property
have been obtained and made available for disbursement within a period
of 30 days following the end of the required time period, the Building
Inspector may issue the permit to raze the subject property without
the approval of the Commission.
[Amended 8-1-2023 by Ord. No. 2023-07]
(5)
The certificate of appropriateness shall not relieve the applicant
from obtaining other permits and approvals required by the Village.
(6)
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.
(7)
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.
D.
Appeals. An appeal from the decision of the Historic Preservation
Commission to grant or deny a certificate of appropriateness may be
taken to the Village Board by the applicant. Such appeal shall be
initiated by filing a petition to appeal, specifying the grounds thereof,
with the Village Clerk-Treasurer within 10 days of the date the final
decision of the Commission is made. After reviewing the application
for appeal, the Village Board may, by a favorable majority vote of
its members, reverse or modify the decision of the Historic Preservation
Commission if, after balancing the interest of the public in preserving
the subject property and the interest of the owner in using it for
his or her own purposes, the Village Board finds that, owing to special
conditions pertaining to the specific parcel of property, razing will
preclude any and all reasonable use of the property causing serious
hardship for the owner, provided that any self-created hardship shall
not be a basis for reversal or modification of the Commission's decision.
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.
[Amended 8-1-2023 by Ord. No. 2023-07]
[Amended 2-7-2017 by Ord.
No. 2017-02; 8-1-2023 by Ord. No. 2023-07]
Nothing contained in this chapter shall prohibit the necessary
construction, reconstruction, alteration, or razing of part or all
of a historic structure, improvement, landmark or landmark site contributing
to a historic district, pursuant to order of a court or authorized
governmental official, for the purpose of remedying emergency conditions
determined to be dangerous to life, health or property. In such cases,
documenting the action to the Historic Preservation Commission only
shall be required.
Except as otherwise provided, any person, firm, corporation or organization found to be in violation of any provision of this chapter or any rule or order promulgated herein shall be subject to a penalty as provided in § 1-3 of this Code. 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.
