Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[Added 5-14-1996 by Ord. No. 96-627]
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, archaeological, or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this article is to:
A. 
Effect and accomplish the protection, enhancement, and preservation of such improvements and sites which represent or reflect elements of the Village's cultural, social, economic, political, and architectural history.
B. 
Safeguard the Village's historic, prehistoric, and cultural heritage as embodied and reflected in such historic structures and sites.
C. 
Maintain and improve property values and enhance the visual and aesthetic character of the Village.
As used in this article, the following terms shall have the meaning indicated:
CERTIFICATE OF APPROPRIATENESS
The certificate issued by the Commission approving alteration, rehabilitation, construction, reconstruction, or demolition of a historic structure or historic site.
COMMISSION
The Historic Preservation Commission created under this article.
HISTORIC SITE
Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this article, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated. In addition, it shall mean any site located within the Village of Fox Point that is listed on the National Register of Historic Places by the United States Department of the Interior or the State Register of Historic Places as maintained by the State Historical Society of Wisconsin.
HISTORIC STRUCTURE
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, state, or nation, and which has been designated as a historic structure pursuant to the provisions of this chapter. In addition, it shall mean any structure located within the Village of Fox Point that is listed on the National Register of Historic Places by the United States Department of the Interior or the State Register of Historic Places as maintained by the State Historical Society of Wisconsin.
IMPROVEMENT
Any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment, including streets, lighting fixtures, signs, and the like.
A Historic Preservation Commission is hereby created, consisting of five members. Of the membership, if available in the community and willing to serve, one shall be a registered architect; one shall be a historian; one shall be a licensed real estate broker; one shall be a Village Trustee, and one shall be a citizen member. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The Village President shall appoint the Commissioners subject to confirmation by the Village Board. Of the initial members so appointed, one shall serve a term of one year, one shall serve a term of two years, and one shall serve a term of three years, one shall serve a term of four years, and one shall serve a term of five years. Thereafter, the term for each member shall be five years. The Commission shall meet as from time to time directed by the Village Board or at the call of the Chair.
A. 
For purposes of this article, a historic structure or historic site 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 or sites 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 or her 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 and historic site designation, providing such are in conformance with the provisions of this article.
A. 
Designation. The Commission shall have the power, subject to § 756-57, to designate historic structures and historic sites. Such designations shall be made based on § 756-55. Once designated, such historic structures and sites shall be subject to all the provisions of this article. Any historic site or historic structure located within the Village of Fox Point that is listed on the National Register of Historic Places by the United States Department of the Interior or the State Register of Historic Places as maintained by the State Historical Society of Wisconsin shall automatically be designated a historic site or structure under this article.
B. 
Regulation of construction, reconstruction, alteration, and demolition.
(1) 
No person, firm, or corporation shall reconstruct, alter, or demolish all or any part of the exterior of a historic structure or historic site on 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 demolish 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.
(2) 
Upon filing of any application for a certificate of appropriateness with the Commission, it shall approve the application unless:
(a) 
In the case of a designated historic structure or historic site, 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, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site;
(c) 
The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the Village, the greater community, the state, or the nation;
(d) 
In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.
(3) 
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, it shall issue the certificate of appropriateness. The Commission shall make this decision with 45 days of the filing of the application.
(4) 
The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the Village, including but not limited to approval by the Building Inspector, the Building Board, and the Plan Commission. 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.
(5) 
Should the Commission fail to issue a certificate of appropriateness, it 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 article.
(6) 
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.
C. 
Appeals. Should the Commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Village Board within 30 days. The Village Board may overturn a Commission denial by 2/3 majority vote of the full Board.
D. 
Recognition of historic structures and sites. At such time as a historic structure or site has been properly designated, the Commission, in cooperation with the property owner, may cause to be prepared and erected on such property at Village expense a suitable plaque declaring that such property is a historic structure or site.
A. 
Designation of historic structures and historic sites.
(1) 
A petition for the nomination or recision of the designation of a historic structure or site shall be made on a form provided by the Commission. Nominations shall be made 45 days before the annual May meeting or at any other time designated by the Commission.
(2) 
The Commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation, after application of the criteria in § 756-55 above. At least 20 days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the Village Assessor, who are owners of property in whole or in part situated within 500 feet of the boundaries of the property affected. Notice of such hearing shall also be published as Class 2 notice under the Wisconsin Statutes in the official Village newspaper. Owners and their agents have the right to address and consult with the Commission.
(3) 
The Commission shall then conduct such public hearing, and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The Commission may conduct an independent investigation into the proposed designation or recision. Within 10 days after the close of the public hearing, the Commission may designate the property as either a historic structure or a historic site, or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the Village Clerk/Treasurer, the Village Assessor, and the Building Inspector. The Commission shall cause the designation by the Commission, including automatic designation, or rescission to be recorded, at Village expense, in the County Register of Deeds office.
(4) 
Commission designations of historic structures or historic sites may be appealed to the Village Board within 30 days. The Village Board may overturn a Commission designation by 2/3 majority vote of the full Board.
No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated historic structure or historic site from the date of the meeting of the Historic Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission unless such alteration, removal, or demolition is authorized by a majority of the Village Board as necessary for public health, welfare, or safety. The delay shall not be for more than 180 days without good cause.
[Added 10-14-2014 by Ord. No. 2014-07]
A. 
Any person or entity listed as the owner of record of a historic structure or historic site may petition to rescind the historic structure or site designation of this article in order to move the structures. The petition, notice and hearing procedures of § 756-57A(1) through (3) shall apply, but the decision criteria shall be as described in this section. Such petition may be granted by the Commission upon finding that the petitioner has demonstrated all of the following:
(1) 
The owner is not willing to maintain the structures in their current location.
(2) 
The owner seeks to maintain the structures in an alternative location.
B. 
Commission denial of a petition under this section may be appealed to the Village Board within 30 days of the decision. The Village Board may overturn such decision by a two-thirds majority vote of the Village Board members present and voting.
C. 
All historic structure designations and historic site designation that may apply to the lot where the structure is removed shall automatically be rescinded and have no further effect for purposes of this article, following the grant of a petition pursuant to this section, unless in its decision the Commission expressly allows any specifically identified historic designation to remain in effect.
D. 
The petitioner shall reimburse the Village for costs incurred by the Village in the matter, pursuant to Chapter 67, Article III, of the Village Code.
[Amended 11-11-2014 by Ord. No. 2014-08]
Any person, firm or corporation found guilty of violating any of the provisions of this article shall be subject to the penalties provided in § 1-4.