[HISTORY: Adopted by the Village Board of the Village of
Footville 8-1-1996 by Ord. No.
8-1-96. 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 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 perpetuation
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 and cultural heritage, as embodied
and reflected in such historic structures, sites and districts.
C.
Foster civic pride in the notable accomplishments of the past.
D.
Stabilize and improve property values.
E.
Protect and enhance the Village's attractions to residents,
tourists and visitors, and serve as a support and stimulus to business
and industry.
F.
Improve and enhance the visual and aesthetic character of the Village.
G.
Educate the public regarding the need and desirability of a Village
historic preservation program and its enhancement of the quality of
life.
The definitions shall be as follows:
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, as well as those abutting improvement parcels which the
Commission recommends should fall under the provisions of this chapter
to assure that their appearance and development is harmonious with
such historic structures or historic 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 by the
Village Board on recommendation of the Commission 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 by the Village Board on recommendation of the
Commission 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.
The unit of property which includes a physical betterment
constituting an improvement and the land embracing the site thereof,
and is treated as a single entity for the purpose of levying real
estate taxes. Provided, however, that the term "improvement parcel"
shall also include any unimproved area of land which is treated as
a single entity for such tax purposes.
A Historic Preservation Commission is hereby created, consisting
of three members. All members must own real estate in the Village
and reside within the Village. Of the membership, if available in
the community; one shall be a member of a historical society; 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. Thereafter, the term for each member shall be three years.
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, 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 upon specific approval of the Village Board may 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 Commission shall have the power subject to § 155-6, to recommend designation of historic districts, historic structures and historic sites within the Village limits. Such recommended designations shall be made based on § 155-4. Historic districts, historic structures and historic sites may then be designated as such 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 designated historic structure,
historic site or structure within a historic district shall reconstruct,
alter or demolish all or any part of the exterior of such designated
property or construct any improvement upon such designated property
or properties or cause or permit any such work to be performed upon
such designated property or demolish such designated property unless
a Certificate of Appropriateness has been granted by the Historic
Preservation Commission. The Historic Preservation Commission will
not initiate requests for reconstruction, alteration or demolition
of designated historic structures, historic sites or for structures
within a designated historic district. The Historic Preservation Commission
will only react to a request by an owner or person in charge for a
building permit to accomplish proposed reconstruction alteration or
demolition of such designated properties. 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 architectural 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 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)
The building or structure is of such old and unusual or uncommon
design, texture, and/or material that it could not be reproduced without
great difficulty and/or expense;
(f)
In the case of a request for a demolition permit, the denial
of the permit would result in the loss of all reasonable and beneficial
use of or return from the property; or
(g)
In the case of a request for the demolition of a deteriorated
building or structure, any 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)
In addition, in determining whether to issue a certificate of appropriateness,
the Commission shall consider and may give decisive weight to any
or all of the following standards:
(a)
A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
(b)
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
(d)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(e)
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved.
(f)
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials, shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(h)
Significant archeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(i)
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
(j)
New additions and adjacent or related new construction shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
(4)
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, and with the above
guidelines, it shall issue the certificate of appropriateness. Upon
the issuance of such certificate, the building permit shall then be
issued by the Building Inspector. The Commission shall make this decision
within 45 days of the filing of the application.
(5)
Agencies of the Village and all public utility and transportation
companies, undertaking projects affecting historic structures, historic
sites or historic districts, shall be required to obtain a certificate
of appropriateness prior to initiating any changes in the character
of street paving, sidewalks, utility installations, lighting, walls,
fences, structures, and buildings on property, easements, or streets
owned or franchised by the Village.
(6)
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. Insofar as they
are applicable to a historic structure, historic site, or improvement
in a historic district designated under this chapter, any provision
of the plumbing code, electrical code, or building or housing code
of the Village shall apply, unless waived by the appropriate state
or Village officials. The Commission may support or propose such waivers
before the appropriate state or Village appeals body.
(7)
Compliance with certificates of appropriateness shall be started
within 12 months after the issuance of the certificate, and the work
shall conform to the provisions of the certificate. The Village may
inspect the work during and after construction in order to assure
compliance. Failure to comply with a certificate of appropriateness
or failure to obtain a certificate of appropriateness shall be a violation
of this chapter. In addition to other penalties and remedies, the
Village shall issue a stop-work order, and all work shall cease on
the designated property. No additional work shall be undertaken as
long as such stop-work order shall continue in effect.
(8)
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. Upon appeal, the Village Board will review de novo the decision
of the Commission and may issue a certificate of appropriateness if
deemed consistent with this chapter. 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.
D.
Recognition of historic structures, sites and districts. At such
time as a historic structure, site or district has been properly designated,
and upon request by the owner thereof, the Commission may cause to
be prepared and erected on such property at the property owner's
expense, a suitable plaque declaring that such property is a historic
structure, site or district. Such plaque shall be so placed as to
be easily visible to passing pedestrians. The plaque shall state the
accepted name of the historic property, the date of its construction
or significance, and other information deemed proper by the Commission.
E.
Other duties. In addition to those duties already specified in this
section, the Commission shall:
(1)
Work for the continuing education of the citizens about the historical
heritage of this Village and the historic properties designated under
the provision of this section.
(2)
Cooperate with the State of Wisconsin historic preservation officer
and the State Historic Preservation Review Board in attempting to
include such properties hereunder designated as landmarks or landmark
sites, or historic districts 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 Village. Such funds shall be placed
in a special Village account for such purpose.
A.
Designation of Historic Structures, Historic Sites and Historic Districts.
(1)
The Commission may, after notice and public hearing, recommend to the Village Board that historic structures, historic sites and historic districts be designated as such by the Village Board, or recommend rescinding such designation, after application of the criteria in § 155-4 above. At least 10 days prior to such hearing, the Commission shall notify the owners of record, as listed to 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 or within the boundaries of the historic district. These owners shall have the right to confer with the Commission prior to final action by the Commission on the recommended designation. Notice of such hearing shall also be published as Class 1 Notice under the Wisconsin Statutes. The Commission shall also notify the following: Department of Public Works, Redevelopment Authority, Parks Division, Fire and Police Departments, Health Department, Building Inspection Division, and Plan Commission. Each such department may respond to the Commission with its comments on the proposed recommended designation or recommended rescission.
(2)
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
recommended designation or rescission. Within 10 days after the close
of the public hearing, the Commission may recommend the property be
designated as either a historic structure, historic site, or historic
district, or recommend rescinding the designation.
(3)
The Village Board may, after receiving the recommendation of the
Commission, designate the property as either an historic structure,
historic site or an historic district or rescind such 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, Building Inspection Division, Plan Commission,
and the Village Assessor. The Village Board shall cause the designation
or rescission to be recorded, at Village expense, in the County Register
of Deeds office.
B.
Zoning of historic properties. The historic structure, historic site
or historic district designation shall constitute a change in zoning
[H or HD] for historic preservation purposes and shall be included
as such on the official land use map. The [H or HD] zoning shall be
in addition to the existing underlying land use zoning.
C.
Creation of Historic District.
(1)
For preservation purposes, the Historic Preservation Commission shall
select geographically defined areas within the Village to be designated
as Historic Districts and shall, with the assistance of the Village
Planning Department, prepare a historic preservation plan in ordinance
form for each area.
(a)
A Historic District may be designated for any geographic area
of particular historic, architectural or cultural significance to
the Village which:
[1]
Exemplifies or reflects the broad cultural, political, economic
or social history of the nation, state or community;
[2]
Is identified with historic personages or with important events
in national, state or local history;
[3]
Embodies the distinguishing characteristics of architectural
types or specimens inherently valuable for the study of a period or
periods, styles, methods or construction, or of indigenous materials
or craftsmanship;
[4]
Is representative of the notable works of master builders, designers,
or architects who influenced their age; or
[5]
Has yielded, or may be likely to yield, information important
to history or prehistory.
(b)
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)
Guideline criteria to be considered in the development of Historic
District plans are as follows:
(a)
All new structures shall be constructed to a height visually
compatible with the building and environment with which they are visually
related.
(b)
The gross volume of any new structure shall be visually compatible
with the buildings and environment with which it is visually related.
(c)
In the street elevation of a building, the proportion between
the width and height in the facade should be visually compatible with
the building and environment with which it is visually related.
(d)
The proportions and relationships between doors and windows
in the street facade should be visually compatible with the buildings
and environment with which it is visually related.
(e)
The rhythm of solids to voids, created by openings in the facade,
should be visually compatible with the buildings and environment with
which it is visually related.
(f)
The existing rhythm created by existing building masses and
spaces between them should be preserved.
(g)
The materials used in the final facade should be visually compatible
with the buildings and environment with which it is visually related.
(h)
The texture inherent in the facade should be visually compatible
with the buildings and environment with which it is visually related.
(i)
Colors and patterns used on the facade (especially trim) should
be visually compatible with the buildings and environment with which
it is visually related.
(j)
The design of the roof should be visually compatible with the
buildings and environment with which it is visually related.
(k)
The landscape plan should be sensitive to the individual building,
its occupants and their needs. Further, the landscape treatment should
be visually compatible with the buildings and environment with which
it is visually related.
(l)
The street facade should blend with other buildings via directional
expression. When adjacent buildings have a dominant horizontal or
vertical expression, this expression should be carried over and reflected.
(m)
Architectural elements should be incorporated as necessary to
relate the new with the old and to preserve and enhance the inherent
characteristics of the area.
(3)
Review and adoption procedure.
(a)
Historic Preservation Commission. 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 such
hearing shall be given by publication as a Class I Notice under the
Wisconsin Statutes in the official Village paper. Notice of the time,
place and purpose of the public hearing shall also be sent by the
Village Clerk to the Village Trustees, Village President, 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 Commission shall vote to recommend,
reject or withhold action on the plan. This recommendation shall be
forwarded to the Village Plan Commission and the Village Board.
(b)
The Village Plan Commission. The Plan Commission shall review
the Historic District plan and make a recommendation to the Village
Board. The Plan Commission shall make its recommendation on the Historic
District plan within 30 days.
(c)
The Village Board. The Village Board, upon receipt of the recommendations from the Historic Preservation Commission and Plan Commission, shall hold a public hearing, notice to be given as noted in Subsection C(3)(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 in ordinance form prepared for that district and direct the implementation of 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 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.
Every person in charge of a historic structure, historic site or
improvement in a Historic District shall maintain same or cause or
permit it to be maintained in a condition consistent with the provisions
of this chapter. The Village Board may appoint the Building Inspector
or any other individual or group of individuals to enforce this chapter.
The duties of the inspection officer shall include periodic inspection
at intervals provided by the Village Board of designated historic
structures, historic sites and historic districts. These inspections
may include physical entry upon the property and improvement, with
permission of the owner, to insure that interior alterations or maintenance
will not jeopardize the exterior appearance or structural stability
of the improvement.
B.
Maintenance of site.
(1)
Every person in charge of an improvement on a historic site or in
a Historic District shall keep in good repair all of the exterior
portions of such improvement and all interior portions thereof which,
if not so maintained, may cause or tend to cause the exterior portions
of such improvement to fall into a state of disrepair, including but
not limited to:
(a)
The deterioration of exterior walls or other vertical supports;
(b)
The deterioration of roofs or other horizontal members;
(c)
The deterioration of external chimneys;
(d)
The deterioration or crumbling of exterior plasters or mortar;
(e)
The ineffective waterproofing of exterior walls, roofs, and
foundations, including broken windows or doors;
(f)
The peeling of paint, rotting, holes, and other forms of decay;
(g)
The deterioration of surrounding environment, e.g., fences,
gates, sidewalks, steps, signs, accessory structures, and landscaping;
(h)
The deterioration of any features so as to create or permit
the creation of any hazardous or unsafe condition or conditions.
(i)
All interior portions thereof which may cause the exterior to
deteriorate or become damaged or otherwise to fall into a state of
disrepair.
(2)
The purpose of this section is to prevent the demolition of a building
or structure by neglecting it and permitting damage to it by weather
or vandalism.
C.
Insofar as they are applicable to a historic structure, historic
site or improvement in a historic district, designated under this
section, any provision of the Plumbing Code, the Minimum Housing and
Property Maintenance Code, Building Code, Heating, Ventilating and
Air-Conditioning Code, and Outdoor Signs and Outdoor Advertising Structures
regulations of the Code may be varied or waived, on application, by
the appropriate board having such jurisdiction over such chapter or,
in the absence of such board, by the Building Inspector, provided
such variance or waiver does not endanger public health or safety.
Any person or persons violating any provision of this chapter,
or any rule or regulation adopted or issued in pursuance thereof,
or any provision of any code adopted herein by reference shall, upon
conviction, be subject to a forfeiture of not less than $5 or more
than $200 and the costs of prosecution for such violation. 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. If the violations remain uncorrected after the time specified
in the notice, the Village may, at its election, impose fines and/or
have the violations corrected at Village expense and have a lien placed
against the property equal to the cost of the repairs, plus applicable
fines and administrative costs.
In any case where the Building Inspector determines that there
are emergency conditions dangerous to life, health or property affecting
a historic structure, site or a property in a historic district, the
Building Inspector may order the remedying of these conditions without
the approval of the Commission. The Building Inspector shall promptly
notify the Commission of the action being taken. When the emergency
conditions do not require demolition, the Building Inspector shall
make every effort to carry out the intent of this chapter and to use
the design guidelines of the Commission when remedying the emergency
conditions.