[HISTORY: Adopted by the Common Council of the City of Rice Lake 11-28-1995 by Ord. No. 810 (Title 13, Chapter 5 of the Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 88.
Property maintenance — See Ch. 189.
Subdivision of land — See Ch. 259.
Zoning — See Ch. 260.
A. 
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, 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.
B. 
The purpose of this chapter is to:
(1) 
Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the city's cultural, social, economic, political and architectural history.
(2) 
Safeguard the city's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
(3) 
Stabilize and improve property values and enhance the visual and aesthetic character of the city.
(4) 
Protect and enhance the city's attractions to residents, tourists and visitors.
As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF APPROPRIATENESS
The certificate issued by the Plan Commission approving alteration, rehabilitation, construction, reconstruction or demolition of an historic structure, historic site or any improvement in an historic district.
COMMISSION
The Plan Commission as created by W.S.A. s. 62.23.
HISTORIC DISTRICT
An area designated by the Common Council on recommendation of the Plan Commission that contains two or more historic improvements or sites.
HISTORIC SITE
A. 
Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man or upon which an historic event has occurred and which has been designated as an historic site under this chapter; or
B. 
An improvement parcel, or part thereof, on which is situated an 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.
HISTORIC STRUCTURE
Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as an historic structure pursuant to the provisions of this chapter.
IMPROVEMENT
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, excluding ordinary maintenance as defined in § 139-5B(5).
The Plan Commission's composition shall be as provided by W.S.A. s. 62.23(1)(a), (b) and (c). The Plan Commission will have original jurisdiction over all matters concerning historic preservation within the City of Rice Lake.
A. 
For purposes of this chapter, an 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 city, 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 or 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 a certain period of time in history; or
(5) 
Have yielded, or may be likely to yield, information important to prehistory or history.
B. 
The Plan Commission shall consider each application on its merits, provided that such is in conformance with the provisions of this chapter. Each application made to designate an historic structure, historic site or historic district shall be by nomination by a property owner(s), by an organization having interest in such designation or by the Plan Commission when such nomination is in the public's best interest.
A. 
Designation. The Plan Commission shall have the power, subject to §§ 139-6 and 139-7, to designate historic structures and historic sites and to recommend designation of historic districts within the city limits. Such designations shall be made based on §§ 139-6 and 139-7. Historic districts shall be approved by the Common Council. 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 an historic structure, historic site or structure within an 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 Plan Commission. Also, unless such certificate has been granted by the Plan Commission, the Inspection Department shall not issue a permit for any such work.
(2) 
Upon filing of any application for a certificate of appropriateness with the Plan Commission, said body 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 an historic site or within an 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 an 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 or 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 or alteration would be detrimental to the public interest and contrary to the general welfare of the people of the city and state.
(3) 
If the Plan 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. The Plan 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 city. 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 an 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 Plan 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 Common Council within 30 days.
A. 
The Plan Commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in § 139-4 above. At least 10 days prior to such hearing, the Plan Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.
B. 
The Plan 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 Plan Commission may conduct an independent investigation into the proposed designation or rescission. Within 10 days after the close of the public hearing, the Plan Commission may designate the property as either an historic structure or an 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 City Clerk-Treasurer, Inspection Department and the City Assessor. The Plan Commission shall cause the designation or rescission to be recorded, at city expense, in the Barron County Register of Deeds office.
A. 
For preservation purposes, the Plan Commission shall consider the nomination by various parties so described in § 139-4B of various geographically defined areas within the city to be designated as historic districts and shall have prepared an historic preservation plan for each area. An historic district may be designated for any geographic area of a particular historic, architectural or cultural significance to the city, after application of the criteria in § 139-4 above. Each historic preservation plan prepared for the Plan 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. The costs for creation of such an historic preservation plan shall be borne by the party nominating a specifically defined geographic area as an historic district.
B. 
Review and adoption procedure.
(1) 
The Plan Commission shall hold a public hearing when considering the plan for an historic district. Notice of the time, place and purpose of the public hearing shall be sent by the Plan Commission Secretary to the owners of record, as listed in the office of the City Assessor, who are owners of 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 Plan Commission shall vote to recommend, reject or withhold action on the plan.
(2) 
The Common Council, upon receipt of the recommendation(s) from the Plan Commission, shall hold a public hearing, with notice to be given as noted in Subsection B(1) 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 said plan.
Any person or persons violating any provision of this chapter shall be fined $50 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 Inspection Department.