[HISTORY: Adopted by the Common Council of the City of Arcadia 12-14-1995 by Ord. No.
179. Amendments noted where applicable.]
This chapter shall be known as the "City of Arcadia Historic
Preservation Ordinance."
The purposes of this chapter are to:
A.
Promote the health, prosperity, safety and welfare of the people
of the City of Arcadia by protecting, promoting, enhancing and perpetuating
improvements and sites in the City which represent or reflect elements
of the City's cultural, social, economic, political and architectural
history.
B.
Safeguard the City's cultural heritage, as embodied and reflected
in historic structures and historic sites.
C.
Foster civic pride in the City's past notable accomplishments.
D.
Stabilize and improve property values.
E.
Protect and enhance the City's attractiveness to residents, tourists
and visitors to support and stimulate business and industry.
F.
Improve and enhance the visual and aesthetic character of the City.
G.
Educate the public regarding the desirability of a historic preservation
program and its enhancement of the quality of life.
As used in this chapter, the following terms shall have the
meanings indicated:
The permit issued by the Commission which authorizes constructing
an improvement on, or making other alterations to, a historic site
or authorizes altering, rehabilitating, reconstructing or demolishing
a historic structure.
The City of Arcadia, located in the County of Trempealeau,
State of Wisconsin.
The Historic Preservation Commission created under this chapter.
The local legislative body, as that term is defined in § 66.1331(3)(f),
Wis. Stats., of the City.
Any unimproved parcel of land in the City which is historically
significant and which is listed on the National Register of Historic
Places or the Wisconsin Register of Historic Places.
Any improvement, along with the improved parcel on which
it is located, which has a special character or special historic interest
or value as part of the development, heritage or culture of the City,
state or nation and which is listed on the National Register of Historic
Places or the Wisconsin Register of Historic Places.
The smallest unit of property which is treated as a single
entity for the purpose of levying real estate taxes and on which is
located an improvement.
Any valuable addition made to property in the City or an
amelioration of the property's condition, which requires labor or
capital, and which is intended to enhance the property's value, beauty,
or utility, or to adapt the property for new purposes. "Improvement"
does not include mere repairs, maintenance, and removal of waste.[1]
Pursuant to the authority granted by § 62.23(7)(em),
Wis. Stats., the City hereby creates a Historic Preservation Commission.
The Historic Preservation Commission shall consist of the members
of the City Plan Commission created pursuant to the authority granted
by § 62.23(1)(a), Wis. Stats.
A.
Recognition of historic structures and historic sites. The Commission
may cause a suitable plaque to be prepared and placed on a historic
structure or historic site at the City's expense and in a location
which will make the plaque easily visible to pedestrians. The Commission
shall determine the information to be displayed on any plaque it authorizes.
B.
Other duties. In addition to other duties specified in this chapter,
the Commission shall:
(1)
Educate citizens about the City's heritage and the historic structures
and historic sites designated pursuant to this chapter.
(2)
Cooperate with the State of Wisconsin Historic Preservation Officer
and the State Historic Preservation Review Board in attempting to
include the City's historic structures and historic sites in the National
Register of Historic Places and the State Register of Historic Places.
(3)
As it deems advisable, receive and solicit funds for the purpose
of historic preservation in the City. Such funds shall be placed in
a special account and shall be used solely for historic preservation.
C.
Certificates.
(1)
No owner of a historic structure or historic site shall reconstruct,
alter or demolish the exterior of the historic structure; construct
any improvement upon or otherwise alter the historic site; or cause
or permit any work to be performed upon the historic structure or
historic site unless the Commission has issued a certificate to the
owner. The City Building Inspector shall not issue a building permit
for any proposed work on a historic structure or historic site until
after the Commission has issued a certificate to the owner.
(2)
If an owner of a historic structure or historic site applies for
a certificate from the Commission, the Commission shall approve the
application unless:
(a)
In the case of a historic structure, the proposed work would
destroy or adversely affect any exterior architectural feature of
the improvement upon which the proposed work is to be done;
(b)
In the case of a proposed alteration of, or construction of
an improvement on, a historic site, the exterior of the improvement
would adversely affect or would not harmonize with the appearance
of the historic site;
(c)
The building or structure is of such architectural or historic
significance that its alteration or demolition would be detrimental
to the general welfare of the people of the City;
(d)
The structure's design, texture, or material is old, unusual
or uncommon and could not be reproduced without great difficulty or
expense; or
(e)
In the case of an application for a certificate to abolish a
deteriorated structure, the owner's failure to maintain the structure
caused the deterioration.
(3)
Before issuing a certificate or denying an application for a certificate
for a historic structure or historic site, the Commission shall consider
the following factors:
(a)
The applicant proposes to use the property for its historic
purpose or for a new purpose which requires minimal change to the
defining characteristics of the historic structure or historic site.
(b)
The owner of the property submits information showing that denying
the application for a certificate will deprive the owner of the reasonable
use of, or economic return from, the property.
(c)
The applicant proposes to retain and preserve the historic character
of the property and to avoid removing historic materials or altering
features which characterize the property.
(d)
The applicant proposes to create a false sense of historic development,
such as adding conjectural or architectural features from other buildings.
(e)
Past changes in the historic structure or historic site are
historically significant in their own right.
(f)
The historic structure or historic site contains distinctive
features, finishes, construction techniques or examples of craftsmanship
which characterize a type of structure or site or a particular historic
period.
(g)
It is in the public interest that deteriorated historic features
be repaired rather than replaced. If the severity of deterioration
requires replacement of a distinctive feature, it is in the public
interest that the new feature match the old in design, color, and
other visual qualities, texture, and, where possible, materials. It
is in the public interest that the proposed replacement of missing
features be supported by documentary, physical, or pictorial evidence.
(h)
The owner will clean the surfaces of structures using the gentlest
means possible and avoiding, whenever possible, harsh chemical or
physical treatments, such as sandblasting.
(i)
It is in the public interest that significant archaeological
resources in a historic structure or historic site be protected and
preserved. If the proposed work requires that these resources be disturbed,
the owner proposes measures to minimize the disturbance to these resources.
(j)
The proposed additions, exterior alterations, or related new
construction will not destroy historic materials that characterize
the property. The new work will not be differentiated from the old
work and will be compatible with the size, scale, and architectural
features of the property to protect the historic integrity of the
property and its environment.
(k)
The proposed addition and adjacent or related new construction
will be undertaken in such a manner that if removed in the future
the essential form and integrity of the historic property and its
environment will be unimpaired.
(4)
If the Commission determines that the proposed changes in the property comply with Subsection C(2) and (3), it shall issue the certificate. The City Building Inspector shall not issue a building permit for proposed work on a historic structure or historic site until after the Commission issues a certificate. The Commission shall decide to issue or not to issue the certificate within 45 days of receiving the application.
(5)
City departments and agencies and all public utility and transportation
companies shall obtain a certificate prior to initiating any changes
in street paving, sidewalks, utility installations, lighting, walls,
fences, structures, or buildings which in the Building Inspector's
opinion will affect historic structures or historic sites.
(6)
Notwithstanding the fact that an applicant receives a certificate,
the applicant must obtain other required permits and approvals from
the City. A building permit or other municipal permit for work on
a historic structure or historic site is invalid if the applicant
fails to present a certificate for the proposed work to the Building
Inspector or other issuing authority prior to obtaining the building
permit or other municipal permit. All provisions of the City's plumbing
code, electrical code, and building and housing code apply to proposed
work on a historic structure or historic site, unless the provisions
are waived by the appropriate state or City officials. The Commission
may support or oppose such waivers before the appropriate state or
City appeals body.
(7)
The applicant shall comply with the certificate at all times after
it is issued. The City may inspect a historic structure or historic
site at any time to ensure compliance with the certificate and with
the provisions of this chapter. The owner or operator of a historic
structure or historic site shall not permit any construction or renovation
on the historic site or historic structure without obtaining a certificate
prior to commencing any work. In addition to other penalties and remedies
provided by law for a violation of this chapter, the Common Council
may issue a stop-work order for work on a historic structure or historic
site. If the Common Council issues a stop-work order, all work on
the historic structure or historic site shall cease immediately. No
work may be undertaken on the historic structure or historic site
while a stop-work order is in effect.
(8)
An owner of a historic site or historic structure may perform ordinary
maintenance and repairs without obtaining a certificate, provided
that the work involves only the repair or replacement of elements
of the historic structure with pieces identical in appearance, the
work does not change the exterior appearance of the historic structure
and the work does not require a building permit.
(9)
Appeals. If the Commission fails to issue a certificate within 45 days of receiving the application, or if the Commission refuses to issue a certificate, the applicant may appeal such decision to the Common Council within 30 days of the Commission's decision. The Common Council may issue a certificate if it determines that the proposed changes comply with Subsection C(2) and (3).
The City Building Inspector shall not issue a building permit
for construction on a site or for alteration, demolition, or removal
of a structure for which an application has been made to include the
structure or site on the National Register of Historic Places or the
Wisconsin Register of Historic Places. Notwithstanding the foregoing,
the City Building Inspector shall issue a building permit if directed
by a resolution adopted by the Common Council as necessary for the
public health, welfare or safety.
A.
Every owner of and every person in charge of a historic structure
or historic site shall maintain the site or structure or cause it
to be maintained in a condition consistent with the provisions of
this chapter. The Common Council may appoint the City Building Inspector
or any other individual or group of individuals as an enforcement
authority (hereinafter called the "enforcement authority") to enforce
the provisions of this chapter. The enforcement authority shall inspect
the historic structures and historic sites at times specified by the
Common Council. These inspections may include entering the property
or improvement, with the owner's prior consent, to ensure that interior
alterations or maintenance will not jeopardize the exterior appearance
or structural stability of the improvement. If an owner refuses to
permit the enforcement authority to enter the historic structure or
historic site, the enforcement authority may obtain a warrant of entry
pursuant to 66.0119, Wis. Stats., and take any other reasonable
measures to enforce this chapter.
B.
Portions to be maintained.
(1)
Every owner of and every person in charge of an improvement on a
historic site or of a historic structure shall maintain all of the
exterior portions of the improvement or structure and all interior
portions thereof which, if not so maintained, may cause the exterior
portions of such improvement or structure to fall into a state of
disrepair, including but not limited to:
(a)
Deteriorating exterior walls or other vertical supports;
(b)
Deteriorating roofs or other horizontal members;
(c)
Deteriorating external chimneys;
(d)
Deteriorating or crumbling exterior plasters or mortar;
(e)
The ineffective waterproofing of exterior walls, roofs, and
foundations, including broken windows or doors;
(f)
Peeling paint, rotting wood, holes, and other forms of decay;
(g)
Deteriorating accessory structures, including but not limited
to fences, gates, sidewalks, steps, and signs;
(h)
Deteriorating features which create or permit the creation of
any hazardous or unsafe condition or conditions; and
(i)
All interior portions thereof which may cause the exterior to
deteriorate or become damaged or otherwise to fall into a state of
disrepair.
C.
The application of any provision of the City's general ordinances
to a historic structure or historic site may be varied or waived by
the appropriate board having jurisdiction over such ordinance or,
in the absence of such board, by the Building Inspector, provided
that such variance or waiver does not endanger the public health,
safety or welfare.
Any person violating any provision of this chapter may be required
to forfeit not more than $200 for each violation. Each day during
which a violation continues shall be deemed a separate violation.
The City Building Inspector shall issue notices of violations to the
owner of the historic site or historic structure requiring that the
owner correct the violation within a specified period of time. If
the violation remains uncorrected after the time specified in the
notice, the City may, at its election, impose a forfeiture or correct
the violations at its own expense and have a lien, equal to the cost
of the repairs, applicable forfeitures and administrative costs, placed
against the property.
If the Building Inspector determines that an emergency condition exists which endangers life, health or any property included in a historic structure or historic site, the Building Inspector may order, without the Commission's approval, that the owner correct the emergency condition. If the owner fails to correct the emergency condition within the time specified in the Building Inspector's order, the Building Inspector may correct the emergency condition at the City's expense and have a lien, equal to the cost of the repairs, applicable forfeitures and administrative costs, placed against the property. The Building Inspector shall promptly notify the Common Council of any action the Building Inspector orders the owner to take and of any action the Building Inspector takes to correct the emergency condition. When the emergency condition does not require demolition, the Building Inspector shall make every effort to carry out the intent of this chapter and to use the factors set forth in § 230-5C(2) and (3) of this chapter in issuing any order to correct the emergency condition.
