[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Ch. 28 of the 1997 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 36.
It is the purpose of this chapter to:
A.
Protect, enhance and perpetuate sites, structures and
districts which represent or reflect elements of the city's, state's
or nation's cultural, social, economic, political or architectural history.
B.
Stabilize and improve property values around and in historic
districts.
C.
Foster civic pride in the beauty and accomplishments
of the past.
D.
Promote historic sites, structures and districts for
the education, pleasure and welfare of the people of the city.
Unless otherwise indicated, the below words, terms or phrases used in
this chapter shall have the following meanings:
Any act or process which changes one or more of the exterior features
of a structure, including but not limited to the erection, construction, reconstruction
or moving of any improvement.
A statement verifying that the Commission has reviewed an application
to allow the alteration or demolition of any improvement upon a landmark site
or within an historic district; that the Commission has found the requested
action to be appropriate to the general character of the landmark site or
historic district; and that the requested action may be taken subject to applicable
building and zoning codes.
The Landmarks and Historic Preservation Commission.
Any act or process which destroys in part or in whole an improvement.
A place or area designated as an historic district by ordinance of
the City Council under this chapter. In order to be designated, the following
requirements shall be met: The historic district may contain, within definable
geographic boundaries, one or more landmarks along with such other buildings,
places or areas which, while not of such historic significance to be designated
as landmarks, nevertheless contribute to the overall visual characters of
the landmark or landmarks located within the District.
Any structure or building designated as a landmark or located in
an historic district.
Any building, structure, wall, fence, steps, paving, gate, sign,
light, general arrangement of place or area, the kind, texture or quality
of building material, landscaping or landscape architecture or work of art
which may be erected upon or proposed to be erected upon any specific real
estate.
Any improvement designated as a landmark by ordinance of the City
Council under this chapter which merits rehabilitation, restoration and preservation
because of its significance to the city by meeting the standards for designation
set forth in this chapter.
A parcel of land or part thereof which has historic or prehistoric
significance, such as an event or place in the history of the community.
A right, whether or not stated in the form of a restriction, easement,
covenant or condition in any deed, will or other instrument executed by or
on behalf of the owner of the land or in any order of taking, appropriate
to the preservation of areas, places, buildings or structures to forbid or
limit acts of demolition, alteration, use or other acts detrimental to the
preservation of the buildings, places or areas designated as a landmark or
within an historic district.
The Landmark and Historic Preservation Commission is hereby created. Commission members shall be subject to the provisions of Chapter 36, Code of Ethics.
The Landmark and Historic Preservation Commission shall have and exercise
the following powers, duties and responsibilities:
A.
Recommend to the City Council that the city accept such
gifts, grants and money as may be appropriate for the purposes of this chapter.
B.
Conduct a survey of city buildings, places or areas for
the purpose of identifying those of historic, architectural and cultural significance
and prepare an inventory of those buildings, places or areas identified.
C.
Recommend that the City Council designate by ordinance
certain places and areas as landmark sites or historic districts.
D.
Determine an appropriate system of markers for designated
landmarks or historic districts.
E.
Prepare and publish maps and other descriptive material
about the city's landmarks and historic districts.
F.
Cooperate with and enlist the assistance of persons,
organizations, corporations, foundations, public agencies, City Historical
Society and the State Historic Preservation Officer in matters involving historic
preservation, renovation, rehabilitation and reuse.
G.
Advise owners of landmarks or historic structures on
physical and financial aspects of preservation, renovation, rehabilitation
and reuse.
H.
Review and make decisions on applications for certificates
of appropriateness and require the presentation of such plans, drawings, elevations
and other information as may be necessary to make decisions.
I.
Make recommendations to the City Council about the acquisition
of conservation easements.
J.
Evaluate and comment on decisions by the Architectural
Review Board, Board of Public Works, Board of Zoning and Building Appeals
and the Plan Commission affecting sites, structures or areas of historic significance.
K.
Seek and maintain certification of this chapter by the
state and federal governments under 36 CFR 67; 16 USC 470a(c); § 44.44,
Wis. Stats.; and the Wisconsin Administrative Code so that property owners
are eligible for federal income tax credits for rehabilitation expenses, property
owners are eligible to use the State Historic Building Code, the city can
participate in decision making for inclusion in the State and Federal Registers
of Historic Places and the Certified Landmark Program and so that the city
can be eligible to apply for grants.
L.
Promulgate standards for architectural and site review
for certificates of appropriateness.
A.
The Commission shall consist of seven people selected
by the Mayor and confirmed by the City Council. If reasonably possible, one
Commissioner shall be an historian; one shall be an architect; one shall be
the President of the City Historical Society or the President's designee;
one shall be either an architectural historian, a landscape architect, urban
planner, archaeologist, anthropologist, art historian or closely related field;
one shall be a realtor or broker; and the remaining two shall be persons with
an interest in historic preservation.
B.
Commissioners shall serve terms of three years. Initially,
Commissioners shall serve staggered terms of three persons for three years,
two persons for two years and two persons for one year.
C.
The Mayor shall designate one Commissioner as the chairperson
and, in the chairperson's absence, the Commission shall choose an Acting
Chairperson to preside over the meeting.
A.
The Commission shall hold monthly meetings scheduled
by the Chair, and special meetings may be called at the request of any Commissioner.
Notice and conduct of meetings shall comply with § 19.81 et seq.,
Wis. Stats. A quorum shall consist of four Commissioners.
B.
Records shall be kept and made available to the public
pursuant to § 19.31 et seq., Wis. Stats.
C.
Commission decisions shall be by majority vote of those
Commissioners present and voting. No action shall be taken by the Commission
which directs a private owner to do or refrain from doing any specific thing
or which refuses to permit a private owner to do some specific thing, unless
written notice is given to such owner and unless such owner shall have the
opportunity to be heard at a public hearing.
A structure, site or district may be designated for preservation as
a landmark or historic district if it:
A.
Historic, cultural importance.
B.
Architectural, engineering importance.
(1)
Portrays the environment in an era of history characterized
by a distinctive architectural style;
(2)
Embodies distinguishing characteristics of an architectural
type or engineering specimen;
(3)
Is the type of a designer whose individual work has significantly
influenced the community's development; or
(4)
Contains elements of design, detail, materials or craftsmanship
which represents a significant innovation.
C.
Geographic importance.
(1)
By being part of or related to a square, park or other
distinctive area, should be developed or preserved according to a plan based
on an historic, cultural or architectural character; or
(2)
Owing to its unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood
or community.
D.
Archaeological importance. Has yielded or may be likely
to yield information important in prehistory or history.
A.
Landmark application. Any person or association may request
by application to the Commission that a structure or site be designated as
a landmark. The application shall contain such information, plans and photos
as requested by the Commission. Whenever possible, the Commission shall secure
the written consent of the owner or owners before proceeding to secure designation.
B.
Notice. The Commission shall schedule a public hearing
on the question of the proposed designation, setting a date, time and place
and causing written notice to be given to the person listed as taxpayer in
the Assessor's office. The date, time, place and subject of the schedule
hearing shall also be published as a Class 1 notice.
C.
Public comment. At the public hearing, the Commission
shall afford all persons the opportunity to present their views orally and
in writing pertinent to the proposed designation. The Commission may make
reasonable rules limiting the length of public comment and curtailing nonmaterial
comments.
D.
Designation.
(1)
The Commission shall review all information presented to it pertinent to designation and shall present a written report containing its findings and conclusions whether the proposal meets the criteria set forth in § 151-7 of this chapter. A copy of the report shall be sent to every person making a written request for a report and to the City Council.
(2)
If the Commission recommends designation, the Chairperson
shall send a letter from the Commission requesting designation to the City
Council. Upon designation by ordinance of the Council, such structure, place
or area shall be a landmark afforded the protection of this chapter as administered
by the Commission.
E.
Landmark status recorded. A certified copy of the ordinance
designating the structure or site as a landmark shall be recorded in the office
of the Register of Deeds.
A.
Application. Any person or association may petition the
Commission requesting that a defined geographic area be designated as an historic
district. The geographic area shall be definable by natural or existing improved
boundaries and shall constitute a visual sense of history within the boundaries.
The petition shall be accompanied by an application containing such information,
plans and photos as requested by the Commission. The Commission may itself
initiate the designation for a defined geographic area as an historic district.
B.
Plan Commission review.
(1)
The Plan Commission shall initially review the proposed
designation for an assessment of the proposed designation's impact on
development within the city, conformity of the proposed designation with the
master or neighborhood plan and assessment of the economic effects which the
proposed designation may have upon the city.
(2)
The Plan Commission shall submit to the Landmark and
Historic Preservation Commission and to the representative of the petitioners
its recommendations concerning designation.
C.
Public hearing.
(1)
The Commission shall cause written notice to be given
to all those listed by the Assessor as property owners within the proposed
district and shall publish a Class 1 notice of the time, date, place and subject
of the public hearing. The hearing shall be held no sooner than 15 days nor
later than 45 days from receipt of the Plan Commission's recommendations.
(2)
At the public hearing the Commission shall view and hear
all information presented to it pertaining to whether the proposed designation
is appropriate. The Commission shall afford all persons the opportunity to
present their views orally and in writing pertinent to the proposed designation.
The Commission may make reasonable rules regulating the length and materiality
of comments.
D.
Designation.
(1)
The Commission shall review information presented to it pertinent to designation and shall present a written report containing its findings and conclusions whether the proposal meets the criteria in § 151-7 of this chapter. A copy of the report shall be sent to every person making a written request for it and to the City Council.
(2)
If the Commission recommends designation, the Chairperson
shall send a letter from the Commission requesting designation to the Council.
The matter of designation shall be presented to the Council for decision.
Upon designation by ordinance of the Council, such geographic area shall be
an historic district afforded the protection of this chapter as administered
by the Commission.
E.
Pending designation. After the date of submission of
the petition to create an historic district or initiation of designation by
the Commission, no permits shall be issued for property within the area of
contemplated designation, and no person shall alter or demolish any building
or site until the Council determines whether to designate the area as an historic
district.
F.
Notice of designation and recording.
(1)
After designation, the office of the City Clerk shall
notify all property owners within the boundaries of the historic district
that the area has been designated as such and that an owner must possess a
certificate of appropriateness before obtaining a building permit or otherwise
materially affecting the exterior appearance by structural changes, changes
of exterior surfaces or any exterior change requiring a building permit.
(2)
A certified copy of the ordinance designating the district
as historic shall be recorded in the office of the Register of Deeds.
A.
Prohibition. No alteration or improvement which is visible
on the outside or demolition shall be done or allowed within a designated
historic district or upon a landmark unless a certificate of appropriateness
has been issued by the Historic Preservation Commission. Further, no building
permit or demolition permit shall be issued for any landmark or any historic
structure until the Building Inspector is satisfied that a certificate of
appropriateness has been issued.
B.
Criteria in granting a certificate of appropriateness.
In reviewing an application for a certificate of appropriateness, the Commission
shall consider the following factors:
(1)
The appropriateness to the Historic District or to the
landmark of the proposed alteration or demolition.
(2)
Whether such proposed alteration or demolition will further
the purposes of this chapter.
(3)
Proposed alteration or demolition for any historic structure
from the visual perspective of the street, public way or public buildings.
(4)
Reference to The Secretary of the Interior's Standards
for Rehabilitation, as published in § 36 of the Code of Federal
Regulations, Part 67, and as revised from time to time.
(5)
By further reference to such specific design standards
as the Commission may require for the designation of the landmark or historic
district. Such specific standards shall relate to the historical significance;
the architectural value; the unique design, arrangement, texture, material
or color of the building, place or area in question; the relation of such
improvement to similar improvements in the immediate surroundings; and the
position of such improvement in relation to the street or public way and to
other improvements.
(6)
The Commission shall not deny a certificate of appropriateness
whenever the applicant shows that the alteration or demolition will enhance
or is not inconsistent with the inherent historic value of the landmark or
of the historic district.
C.
Application. Certificate of appropriateness may be applied
for from the office of the Building Inspector. The application shall contain
such information as requested by the Commission and shall be accompanied by
plans and renderings.
D.
Issuance of certificate of appropriateness.
(1)
The Commission shall review completed applications presented
to it for certificates of appropriateness at its regular monthly meetings
and shall grant or deny the certificate. The denial of a certificate shall
be accompanied by a written statement indicating the reasons for denial. Upon
granting a certificate, the office of the Building Inspector shall issue to
the applicant a certificate of appropriateness.
(2)
A certificate of appropriateness shall expire six months
after the date of issuance. Building, demolition or sign permits are separate
from the certificate, and the applicant shall also secure such permits prior
to commencing the work.
E.
Hardship.
(1)
Even if a proposed alteration or demolition may be inappropriate
owing to conditions especially affecting the structure involved, but not affecting
the historic district generally, failure to issue a certificate of appropriateness
will involve a substantial hardship which is not self-created, financial or
otherwise to the applicant, and such certificate may be issued without substantial
detriment to the public welfare and without substantial derogation from the
purposes of this chapter, then the Commission may grant a certificate of appropriateness.
(2)
If, however, a proposed alteration or demolition is inappropriate
and issuance of a certificate of appropriateness would cause substantial detriment
to the public welfare or substantial derogation from the purposes of this
chapter, but failure to issue would nonetheless involve a substantial hardship
which is not self-created, financial or otherwise to the applicant, then the
Commission may order a postponement of any alteration or demolition while
it investigates alternatives to granting a certificate.
(3)
If after a reasonable period of time, not to exceed one
year from the date of first denial of the certificate of appropriateness,
no alternative agreement has been reached with the applicant, the Commission
may issue a certificate of appropriateness for alteration or demolition of
the building, place or area in question.
(4)
In granting a certificate of appropriateness in such
circumstances, the Commission may prescribe any conditions or limitations
that may minimize the adverse impact of the requested alteration or demolition.
Nothing in this chapter shall prevent the ordinary maintenance or repair
of any exterior architectural feature in the historic district or landmark
which does not involve a change in design, material, color or outward appearance;
prevent any alteration or demolition which the Building Inspector shall certify
is required by public safety because of an unsafe or dangerous condition;
nor prevent any alteration or demolition under a permit issued by the Building
Inspector prior to the date of petitioning for the creation of an historic
district or prior to the date of designation of a landmark.
When neither a building or demolition permit is required, if a proposed
alteration or demolition constitutes a material change in the exterior appearance
of a landmark or of property within an historic district, then a certificate
of appropriateness shall be required. Failure to receive a certificate prior
to effecting such material change shall constitute a violation of this chapter.
Whenever an application for a Zoning Map amendment, variation or special
use permit, including a modification or renewal, is submitted to the city
for property within a designated historic district or which is a landmark,
a notice of any public hearing to be held on the application by the Plan Commission
or Board of Zoning and Building Appeals shall be sent to the Historic Preservation
Commission. Such notice shall be the same as that sent to owners of property
for which the application was filed. The Historic Preservation Commission
may submit its comments to the Plan Commission or Board of Zoning and Building
Appeals, which shall consider such comments, decisions or recommendation on
the application. However, nothing contained in this chapter shall supersede
or invalidate other ordinances of zoning controls.
No person who owns a structure or site proposed to be designated or designated as a landmark or within an historic district shall personally or by another alter, demolish or construct a structure or site without complying with this chapter. All persons who violate this chapter shall be required to restore the structure or site to its condition prior to the violation and, in addition, be subject to the penalties contained in Chapter 1, General Provisions, § 1-19.
