[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 13, Ch. 5, of the 1988 Code. Amendments
noted where applicable.]
It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of improvements for 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 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'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, sites and districts.
C.
Stabilize and improve property values and enhance the visual and
aesthetic character of the Village.
D.
Protect and enhance the Village's attractions to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
The following definitions shall be applicable in this chapter:
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
structure, historic site or any improvement in a historic district.
The Historic Preservation Commission created under this chapter.
An area designated by the Village Board, on recommendation
of the Commission, that contains two or more historic improvements
or sites.
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 chapter, or an improvement parcel or part thereof
on which is situated a historic structure and any abutting improvement
parcel or part thereof used as or constituting part of the premises
on which the historic structure is situated.
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 a 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, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
A.
Composition. A Historic Preservation Commission may be created, consisting
of seven members. Of the membership, if available in the community,
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 three shall be citizen members. All members shall be selected
for their knowledge of and interest in matters pertaining to this
chapter.
B.
Terms. Members shall serve staggered three-year terms with one citizen
term expiring after the first year, one citizen term expiring after
the second year, and one citizen term expiring after the third year;
the Trustee term will be the length of the Trustee's term; the
architect term shall expire after the first year; the historian term
shall expire after the second year; and the real estate broker term
shall expire after the third year. Terms shall expire May 1 of each
year except for the first year of existence.
C.
Organization. The Commission shall reorganize in June of each year
by electing a Chairman, Vice Chairman and Secretary. All meetings
of the Commission shall be held at the call of the Chairman or at
such times as the Commission determines.
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/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, subject
to Village Board approval, for historic structure, historic site and
historic district designation, providing such are in conformance with
the provisions of this chapter.
A.
Designation. Only upon application of a property owner or owner's designated agent shall the Commission shall have the power to recommend the designation of historic structures, sites and districts within the Village limits. Such designations shall be made based on § 295-4. Historic districts shall be approved by the Village Board for a final approval. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
B.
Regulation of construction, reconstruction, alteration and demolition.
(1)
No owner or person in charge of a historic structure, historic site
or structure within a historic district shall reconstruct, alter or
demolish 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 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, the Commission 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 case of the construction of a new improvement upon a historic
site or within a historic district, 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 of any property located in a historic district,
the proposed construction, reconstruction, exterior alteration or
demolition 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;
(d)
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 and state;
(e)
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; or
(f)
In the case of a request for a demolition permit, the denial
of the demolition permit would result in the loss of reasonable and
beneficial use of or return from the property.
(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 or district, it shall issue
the certificate of appropriateness. The Commission shall make this
decision within 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. 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)
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 structures
or site and does not require the issuance of a building permit.
C.
Compliance with municipal codes. This Historic Preservation Ordinance
shall in no way be construed to undermine or supersede and shall be
consistent with the existing adopted Village of Kimberly Code which
protects the public health, safety and welfare of Village of Kimberly
residents. Ordinary maintenance and repairs shall be made to ensure
compliance with this Code.
D.
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. 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.
E.
Recognition of historic structures, sites and districts. At such
time as a historic structure, site or district has been properly designated,
the Commission, in cooperation with the property owner, may allow
a suitable plaque declaring that such property is a historic structure,
site or district.
A.
Designation of historic structures and historic sites.
(1)
Application. The property owner or the owner's designated agent
shall make application to the Historic Preservation Commission requesting
historic designation for the property.
(2)
Designation. The Commission may, after notice and public hearing,
recommend the designation of historic structures and historic sites
or rescind such designation or recommendation to the Village Board.
At least 10 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 200
feet of the boundaries of the property affected.
(3)
Hearing. 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 rescission. Within 10 days after
the close of the public hearing, the Commission may recommend to the
Village Board the designation of 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 Administrator, Plan Commission and the Building Inspector
and Assessor.
(4)
Owner's agreement. No property or premises shall be designated
as a historic site, structure or district unless such designation
is agreed to by the owner(s) of said property or premises.
B.
Creation of historic district.
(1)
Defined areas.
(a)
For preservation purposes, the Historic Preservation Commission may 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 § 295-4 above.
(b)
As it is the intent of this chapter that all historic designations
be on a voluntary basis, at least 14 days prior to the advertising
of the public hearing, the Commission shall send written notice to
all property owners in the proposed district. Any property owner who
desires to voluntarily participate in the historic designation and
include his property in the district plan will provide a written notice
to the Village to confirm such desire.
(c)
Each historic preservation plan prepared for or by the Historic
Preservation 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. 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 Administrator to the Village Board and
the owners of record, as listed in the office of the Village Assessor,
who are owners of the property within the proposed historic district
or are situated in whole or part within 200 feet of the boundaries
of the proposed historic district. Said notice is to be sent at least
10 days prior to the date of the public hearing. Following the public
hearing, the Historic Preservation Commission shall vote to recommend
to the Village Board approval, rejection or postponement of action
on the plan.[1]
No building permit shall be issued by the Building Inspector
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
Historic Preservation Commission at which a nomination form is first
presented until the final disposition of the nomination by the Historic
Preservation Commission or the Village Board, unless such alteration,
removal or demolition is authorized by formal resolution of the Village
Board as necessary for public health, welfare or safety. In no event
shall the delay be for more than 180 days.
A fee of $100 shall be charged with the application for a certificate
of appropriateness, and a fee of $50 shall be charged with the application
for a certificate of minor change.
Any person or persons violating any provisions of this chapter shall be subject to the general penalty as provided in § 1-4 of this Code for each separate violation. Each and every day during which violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.
