[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds 1-14-2009 by Ord. No. A-199.1. 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, archeological 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 definitions shall be as follows:
The certificate issued by the Committee approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
structure, historic site or any improvement in a historic district.
The Historic Preservation Committee created under this chapter.
An area designed by the Village Board on recommendation of
the Committee 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 and 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, state, or nation 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.
A Historic Preservation Committee is hereby 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 trustee; and three
shall be citizen members. Each member shall have, to the highest extent
practicable, a known interest in historic preservation.
B.
Appointment and term of office. Except as expressly modified herein,
all appointments shall be made in the same manner as appointments
for Village committees. All appointments to the Committee shall be
made by the Village President at the Village Board meeting in May,
in odd-numbered years. To promote continuity on the Committee, initial
appointments shall be made for the following terms; one trustee for
the duration of their term as trustee; one citizen member for one-year
term; two citizen members for two-year term; real estate broker and
architect for one-year terms; and historian for two-year term. As
each term expires, new members shall be appointed for two-year terms.
If any member resigns, the Board shall nominate, approve and appoint
a new member to complete the resigning member's term. If a trustee
member is not reelected to office during his or her term on the Committee
or a resident member moves from the Village, he or she shall resign
from the Committee and a successor shall be promptly appointed.
C.
Compensation. All members of the Committee shall be compensated in
the same manner as members of Village committees are compensated.
D.
Meetings. The meetings of Committee shall be held at the call of
the Chair, his or her designee and at such other times as the Committee
may determine.
E.
Minutes. The Committee shall keep minutes of its proceedings and
transmit its recommendations to the Village Board.
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, archeological
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, or 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 Committee shall adopt specific operating guidelines for historic
structure, historic site and historic district designation providing
such are in conformance with the provisions of this chapter.
A.
Designation. The Committee shall have the power, subject to § 207-6, to designate historic structures and historic sites and to recommend designation of historic districts within the Village limits. Such designations shall be made based on § 207-4. 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.
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 Committee. Also, unless such certificate
has been granted by the Committee, 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 Committee, the Committee 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, 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 with
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 section
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.
(3)
If the Committee 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 Committee 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 structure
or site and does not require the issuance of a building permit.
C.
Appeals. Should the Committee 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 with 30 days.
In addition, if the Committee fails to issue a certificate of appropriateness,
the Committee 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.
D.
Recognition of historic structures, sites and districts. At such
time as a historic structure, site or district has been properly designated,
the Committee, 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, site
or district.
A.
Designation of historic structures and historic sites.
(1)
The Committee may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in § 207-4 above. At least 10 days prior to such hearing, the Committee 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.
(2)
The Committee 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 Committee may conduct an independent investigation into the proposed
designation or rescission. Within 10 days after the close of the public
hearing, the Committee 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
the Village Clerk/Treasurer, Building Inspector, Plan Commission and
the Village Assessor. The Committee shall cause the designation or
rescission to be recorded, at Village expense, in the County Register
of Deeds office.
B.
Creation of historic district.
(1)
For preservation purposes, the Historic Preservation Committee shall select geographically defined areas with 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 § 207-4 above. Each historic preservation plan prepared for or by the Historic Preservation Committee 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)
Historic Preservation Committee. The Historic Preservation Committee
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 Village President
in which the historic district is located, 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 in 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 Committee shall vote to recommend, reject or
withhold action on the plan.
(b)
The Village Board. The Village Board, upon receipt of the recommendations from the Historic Preservation Committee, shall hold a public hearing, notice to be given as noted in Subsection B(2)(a) 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 a said plan.
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 Committee at which a nomination form is first
presented until the final disposition of the nomination by the Historic
Preservation Committee 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 more than 180 days.
Any person or persons violating any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Village Code for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violation shall be issued by the Building Inspector.
