There is hereby established a Historic Preservation Commission
for the City of Franklin to safeguard the City's historic and cultural
heritage; stabilize and improve property values; promote civic pride
in the beauty and noble accomplishments of the past; protect and enhance
the City for its residents, tourists and visitors for education, pleasure,
and general welfare; and to strengthen the economy of the City.
A.
Membership. The Historic Preservation Commission
shall consist of seven residents of the City appointed by the Mayor
subject to confirmation by the Common Council. Memberships shall consist
of the following: one shall be a registered architect or graduate
architect; one shall be a recognized local historian with qualifications
in historic preservation, architectural history, or history; one shall
be a licensed real estate broker; one shall be an alderman; one shall
be a Plan Commission member; and two shall be citizen members with
known interest in local history and historic preservation.
B.
Terms. Terms shall be for staggered three year periods.
1.
Chairman. Chairman shall be appointed by the Mayor.
2.
Secretary. Secretary shall be selected by the members.
3.
Official Oaths. Official oaths shall be taken by
all members in accordance with § 19.0 of the Wisconsin Statutes
within 10 days of receiving notice of their appointment.
4.
Vacancies. Vacancies shall be filled for the unexpired
term in the same manner as appointments for a full term within one
month of the occurrence of the vacancy.
The Historic Preservation Commission shall organize and adopt
rules for its own government in accordance with the provisions of
this Section.
A.
Meetings. Meetings shall be held at the call of
the Chairman of the Historic Preservation Commission or when requested
by the Common Council or City Plan Commission and shall be open to
the public.
B.
Minutes. Minutes shall be kept showing all actions
taken and shall be a public record. The grounds for every decision
shall be stated in the minutes.
C.
Quorum. Quorum shall be four members, and all actions
shall require the concurring vote of at least four members.
The Historic Preservation Commission shall have the following
powers:
A.
Designation. The Historic Preservation Commission
shall have the power to recommend the designation of landmarks, landmark
sites and historic districts within the City to the City Plan Commission
based upon criteria established in § 15-10.0405 of this
Ordinance.
B.
Regulation of Construction, Reconstruction and Exterior
Alteration. No owner or person in charge of a landmark, landmark site,
or structure within a historic district shall reconstruct or alter
all or any part of the exterior of such property or construct any
improvement upon such designated property or cause or permit any such
work to be performed upon such property unless a Certificate of Appropriateness
has been granted by the City Plan Commission upon recommendation by
the Historic Preservation Commission. Applications for a Certificate
of Appropriateness shall be filed with the Historic Preservation Commission.
Within 30 days of Submission of the application, the Historic Preservation
Commission shall make a recommendation to the City Plan Commission
based upon the following determinations:
1.
Whether, in the case of a designated landmark or
landmark site, the proposed work would detrimentally change, destroy
or adversely affect any exterior architectural feature of the improvement
upon which said work is to be done; and
2.
Whether, in the case of the construction of a new
improvement upon a landmark site, the exterior of such improvement
would adversely affect or not harmonize with the external appearance
of other neighboring improvements on such site; and
3.
Whether, in the case of any property located in
a historic district designated pursuant to the criteria established
in § 11.5, hereunder, the proposed construction, reconstruction
or exterior alteration does not conform to the objectives and design
criteria of the historic preservation plan for said district as duly
adopted by the City Plan Commission.
C.
Regulation of Demolition. No person in charge of
a landmark, or improvement in a historic district shall be granted
a permit to demolish such property without review and recommendation
by the Historic Preservation Commission to the City Plan Commission.
D.
Recognition of Landmarks and Landmark Sites. At
such time as a landmark or landmark site has been properly designated
in accordance with this Division, the Historic Preservation Commission
may cause to be prepared and erected on such property, at City expense,
a suitable plaque declaring that such property is a landmark or landmark
site. Such plaque shall be so placed so as to be easily visible to
passing pedestrians. In the case of a landmark, the plaque shall state
the accepted name of the landmark, the date of its construction, and
other information deemed proper by the Historic Preservation Commission.
In the case of a landmark site which is not the site of a landmark
building, such plaque shall state the common name of the site, and
such other information deemed appropriate by the Historic Preservation
Commission.
E.
Sale of Landmark Sites. Any party who is listed
as the owner of record of a landmark or landmark site at the time
of its designation, who can demonstrate to the Historic Preservation
Commission that by virtue of such designation he is unable to find
a buyer willing to preserve such landmark site, even though he has
made reasonable attempts in good faith to find and attract such a
buyer, may petition the Historic Preservation Commission to recommend
to the City Plan Commission a rescission of its designation. Following
the filing of such petition with the secretary of the Historic Preservation
Commission:
1.
The owner and the Historic Preservation Commission
shall work together in good faith to locate a buyer for the subject
property who is willing to abide by its designation.
2.
If, at the end of a period not exceeding six months
from the date of such petition, no such buyer can be found, and if
the owner still desires to obtain such rescission, the Historic Preservation
Commission shall recommend to the City Plan Commission to rescind
its designation of the subject property.
3.
In the event such rescission, the Historic Preservation
Commission shall notify the City Clerk, the Building Inspector and
the City Assessor of same, and shall cause the same to be recorded,
at the City's expense, in the office of the Milwaukee County Register
of Deeds.
4.
Following any such rescission, the Historic Preservation
Commission may not recommend to redesignate the subject property a
landmark or landmark site for a period of not less than five years
following the date of rescission.
F.
Other Duties of the Historic Preservation Commission.
In addition to those duties already specified in this section, the
Historic Preservation Commission shall:
1.
Actively work for the passage of enabling legislation
which would permit the granting of full or partial tax exemptions
to properties it has designated under the provisions of this section
in order to encourage landmark owners to assist in carrying out the
provisions of this Ordinance.
a.
Cooperate with the State of Wisconsin Historic Preservation
Officer and the State Historic Preservation Review Board in attempting
to include such properties designated as landmarks or landmark sites,
or historic districts on the National Register of Historic Places.
2.
Work for the continuing education of the citizens
about the historic heritage of the City of Franklin and the landmarks
and landmark sites.
3.
As it deems advisable, receive and solicit funds
for the purpose of landmarks preservation in the City. Such funds
shall be placed in a special City account for such purpose.
A.
Landmark or Landmark Site Designation. For the purposes
of this Ordinance, a landmark or landmark 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 or cultural significance to the City of Franklin, 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; or
2.
Are identified with historic personages or with
important events in national, state or local history; or
3.
Embody the distinguishing characteristics of an
architectural type specimen, inherently valuable for a study of a
period, style, method of construction, or of indigenous materials
or craftsmanship; or
4.
Are representative of the notable work of a master
builder, designer or architect whose individual genius influenced
his age.
B.
Historic Preservation Commission Operating Guidelines.
The Historic Preservation Commission may adopt specific operating
guidelines for landmark and landmark sites designation providing such
are in conformance with the provisions of this paragraph.
A.
Designation of Landmarks, Landmark Sites and Historic
Districts. The Historic Preservation Commission may, after notice
and public hearing, recommend to the City Plan Commission establishment
of landmarks, landmark sites and historic districts, after application
of the criteria in § 15-10.0405 of this Ordinance. At least
10 days prior to such hearing, the Historic Preservation Commission
shall notify the owners of property in whole or in part situated within
200 feet of the boundaries of the property affected. These owners
shall have the right to confer with the Historic Preservation Commission
prior to its recommendation to the City Plan Commission on the designation.
Notice of such hearing shall also be published as provided in Division
15-9.0200 and § 15-10.0406(D) of this Ordinance. The Historic
Preservation Commission shall also notify the City Planning and Zoning
Administrator, Engineering Department, the Department of Public Works,
Park Commission, Fire and Police Departments, City Building Inspector,
and City Plan Commission. Each such department shall respond to the
Historic Preservation Commission within 30 days of notification with
its comments on the proposed designation or recision. The Historic
Preservation 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 Historic Preservation Commission may conduct
an independent investigation into the proposed designation or recision.
Within 10 days after the close of the public hearing, the Historic
Preservation Commission may recommend designation of the property
as either a landmark, a landmark site, or its inclusion in an historic
district to the City Plan Commission, or recommend to the City Plan
Commission to rescind the designation. After the recommendation has
been made, notification shall be sent to the property owner or owners
and to the persons who appeared at the public hearing. Notification
shall also be given to the City Clerk, Building Inspector and the
City Assessor. The Historic Preservation Commission shall cause the
City Plan Commission approved designation or rescission to be recorded,
at City expense, in the Milwaukee County Register of Deeds office.
B.
Voluntary Restrictive Covenants. The owner of any
landmark or landmark site may, at any time following such designation
of his property, enter into a restrictive covenant on the subject
property after negotiation with the Historic Preservation Commission.
The Historic Preservation Commission may assist the owner in preparing
such covenant in the interest of preserving the landmark or landmark
site and the owner shall cause to be recorded such covenant in the
Milwaukee County Register of Deeds office, and shall notify the City
Assessor of such covenant and the conditions thereof.
C.
Creation of a Historic District. For preservation
purposes, the Historic Preservation Commission may recommend to the
City Plan Commission that certain geographically defined areas within
the City of Franklin be designated as historic districts under the
provisions as outlined in this Division of this Ordinance. A historic
district may be recommended by the Historic Preservation Commission
for designation by the City Plan Commission which meets those criteria
set forth in § 15-10.0405 of this Ordinance. Each historic
district recommended by the Historic Preservation Commission shall
be supported by a Historic Preservation Plan for the district which
plan shall include a cultural and architectural analysis supporting
the historic significance of the area, specific guidelines for the
development of the district and a statement of preservation objectives.
A.
General. Every person in charge of any landmark,
landmark site or improvement in a historic district shall maintain
same or cause to permit it to be maintained in a condition consistent
with the provision of this Section. Insofar as they are applicable
to a landmark, landmark site or improvement in a historic district,
designated under this Division of this Ordinance, any provision of
the Plumbing Code, the Minimum Housing and Property Maintenance Code,
Building Code, Heating, Ventilating and Air Conditioning 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.
B.
Government Order. Nothing contained in this Division
of this Ordinance shall prohibit the making of necessary construction,
reconstruction, alteration or demolition of any improvement on a landmark
site or in a historic district pursuant to order of any governmental
agency or pursuant to any court judgement, for the purpose of remedying
emergency conditions determined to be dangerous to life, health or
property. In such cases, no approval from the Historic Preservation
Commission or City Plan Commission shall be required.
