Town of Ledgeview, WI
Brown County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ledgeview 2-18-2004 by Ord. No. 2004-003. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 15.
Zoning — See Ch. 135.
This chapter is designed to promote the health, safety and general welfare of the community and of the state by regulating any place, structure or object with a special character, historic interest, aesthetic interest or other significant value for the purpose of preserving the place, structure or object and its significant characteristics. The intent of this chapter is to create the Town of Ledgeview Zoning and Site Review/Landmark and Historic Preservation Commission to designate historic landmarks and establish historic districts and to regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district. The purpose of this section is to:
A. 
Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the Town of Ledgeview's cultural, social, economic, political and architectural history.
B. 
Safeguard the Town of Ledgeview's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
C. 
Stabilize and improve property values and enhance the visual and aesthetic character of the Town of Ledgeview.
D. 
Foster civic pride in the beauty and accomplishments of the past.
E. 
Protect and enhance the Town's attraction to residents, tourists and visitors and serve as a support and stimulus to business and industry.
F. 
Strengthen the economy of the Town.
G. 
Promote the use of historic structures, sites and districts for the education, pleasure and welfare of the people of the Town.
Unless otherwise indicated, the below words, terms or phrases used herein shall have the following meanings:
ALTERATION
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.
CERTIFICATE OF APPROPRIATENESS
A statement verifying that the Commission has reviewed an application to allow the alteration or demolition of any improvement upon an historic site or within an historic district; that the Commission has found the requested action to be appropriate to the general character of the historic site or historic district; and that the requested action may be taken subject to applicable building and zoning codes.
COMMISSION
The Town of Ledgeview Zoning and Site Review/Landmark and Historic Preservation Commission.
DEMOLITION
Any act or process which destroys, in part or in whole, an improvement.
HISTORIC DISTRICT
A place or area designated as an historic district by ordinance of the Town Board 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 historic structures along with such other buildings, places or areas which, while not of such historic significance to be designated as historic structures, nevertheless contribute to the overall visual characters of the historic structure or structures located within the district.
HISTORIC STRUCTURE
Any improvement designated as an historic structure by ordinance of the Town Board under this chapter which merits rehabilitation, restoration and preservation because of its significance to the Town by meeting the standards for designation set forth herein.
IMPROVEMENT
Any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment.
IMPROVEMENT PARCEL
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. However, the term "improvement parcel" shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
LANDMARK
Any improvement which has a special character of special historic interest or value as part of the development, heritage or cultural characteristics of the Town, state or nation and which has been designated as a landmark pursuant to the provisions herein.
LANDMARK SITE
Any parcel of land of historic significance due to a substantial value in tracing the history of aboriginal man or upon which an historic event has occurred and which has been designated as a landmark site, or an improvement parcel or part thereof on which is situated a landmark and any abutting improvement parcel or part thereof used as and constituting part of the premises on which the landmark is situated.
PRESERVATION RESTRICTION
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 an historic structure, historic site or within an historic district.
The Zoning and Planning/Landmark and Historic Preservation Commission shall be composed of the members of the Zoning and Site Review Committee. 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. When the Commission lacks the professional expertise to accomplish its purpose, the Commission shall obtain the missing expertise by consulting with appropriate professionals. The Commission may appoint up to four nonvoting consultants familiar with matters of historical significance, whose qualifications to serve as consultants shall be determined by the Commission. These consultants may include an architectural historian, a landscape architect, urban planner, archaeologist, anthropologist, art historian or closely related field member. These costs would be applied to the applicant/project.
A. 
Designation. The Commission shall have the power to designate landmarks, landmark sites and historic districts within the Town limits. Such designations shall be made based upon the criteria established herein. Designation as a landmark, landmark site or historic district shall not become final until approved by the Town Board. Once designated by the Commission and approved by the Town Board, such landmarks, landmark sites and historic districts shall be subject to all the provisions of this chapter.
B. 
Regulation of construction and alteration.
(1) 
Any application for a permit from the Building Inspector involving a designated landmark, landmark site or improvement in an historic district shall be filed at the same time with the Commission.
(2) 
No owner or person in charge of a landmark, landmark site or improvement in an historic district shall alter or reconstruct all or any part of the exterior of such property, construct any improvement upon any such designated property or cause or permit any such work to be performed upon such property unless the written approval of the Commission has been granted. Unless such approval has been granted by the Commission or Town Board, the Building Inspector shall not issue any permit for any such work.
(3) 
Upon the filing of an application with the Commission, the Commission shall determine:
(a) 
Whether, in the case of a landmark, the proposed work would change, destroy or affect any exterior architectural feature of the improvement upon which such work is to be done.
(b) 
Whether, in the case of construction of a new improvement, the exterior of such improvement would affect or not harmonize with the external appearance of other neighboring improvements on such site or in such district.
(4) 
If the Commission determines that both Subsections B(3)(a) and (b) are not applicable, it shall approve the permit; otherwise, it shall deny the request for approval. Nothing contained herein shall be deemed to prevent the appeal of any denial hereunder to the Board of Appeals after the Landmark and Historical Commission has denied an application.
(5) 
If the Commission denies the request for approval, the Commission and the applicant shall cooperate and work together to find a suitable method of completing the proposed work.
C. 
Regulation of demolition. No permit to demolish all or part of a landmark or improvement in an historic district shall be granted by the Building Inspector, except as follows:
(1) 
No person in charge of a landmark or improvement in an historic district shall be granted a permit to demolish such property without written approval of the Commission.
(2) 
At such time as such person applies for a permit to demolish such property, such application shall contemporaneously be filed with the Commission. The Commission shall make its decision respecting demolition. Nothing contained herein shall be deemed to prevent the appeal of a denial by the Commission to the Board of Appeals.
(3) 
If the application is denied, the Commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. The applicant and Commission shall cooperate in attempting to avoid demolition of the property. At the end of120 days, the Commission shall have five days in which to appeal the issue of the demolition of such property to the Board of Appeals. If the Commission files an appeal, the Board of Appeals shall determine whether the denial of a demolition permit shall be made permanent. If the Board of Appeals denies the appeal of the Commission, the Building Inspector shall issue the permit to demolish the subject property without the approval of the Commission, provided all other codes and regulations are met.
D. 
Recognition of landmarks and landmark sites. At such time as a landmark or landmark site has been properly designated, the Commission shall cause to be prepared and erected on such property at Town expense, provided funds have been authorized by the Town Board, a suitable plaque declaring that such property is a landmark or landmark site. Such plaque shall be so placed 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 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 Commission.
E. 
Other duties. In addition to those duties already specified in this chapter, the Commission shall:
(1) 
Seek and maintain certification of this chapter by the state and federal governments under 36 CFR 67; 16 U.S.C. § 470a(c); W.S.A. s. 44.44; 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 Town 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 Town can be eligible to apply for grants.
(2) 
Work closely with the state liaison officer and the Governor's liaison committee for the National Register of Historic Places of the United States National Park Service in attempting to include such properties hereunder designated as landmarks or landmark sites on the Federal Register.
(3) 
Work for the continuing education of the citizens of the Town about the historic heritage of this Town and the landmarks and landmark sites designated under the provisions of this chapter.
A structure, site or district may be designated for preservation as a landmark or historic district if it:
A. 
Historic, cultural importance:
(1) 
Has significant character, interest or value as part of the community's development or heritage;
(2) 
Is the site of an historic event with a significant effect upon society; or
(3) 
Exemplifies the cultural, political, economic, social or historic heritage of the community.
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 this chapter. A copy of the report shall be sent to every person making a written request for a report and to the Town Board.
(2) 
If the Commission recommends designation, the Chairperson shall send a letter from the Commission requesting designation to the Town Board. Upon designation by ordinance of the Town Board, 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. 
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 2 notice of the time, date, place and subject of the public hearing.
(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.
C. 
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 this chapter. A copy of the report shall be sent to every person making a written request for it and to the Town Board.
(2) 
If the Commission recommends designation, the Chairperson shall send a letter from the Commission requesting designation to the Town Board. The matter of designation shall be presented to the Town Board for decision. Upon designation by ordinance of the Town Board, such geographic area shall be an historic district afforded the protection of this chapter as administered by the Commission.
D. 
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 Town Board determines whether to designate the area as an historic district.
E. 
Notice of designation and recording.
(1) 
After designation, the office of the Town 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 Zoning and Planning/Landmark and 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 CFR, 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 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 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.
(a) 
When municipal sewer and water are available and deemed necessary by Commission, mandatory hookup will be required.
(b) 
Any restrictions or ordinances placed on the property deemed historical due to improvements/development, such as setbacks, exterior appearance and materials, etc., may be waived upon approval of the Commission.
Every person in charge of any landmark, landmark site or improvement in an historic district shall maintain the same or cause or permit to be maintained in a condition consistent with the provisions of this chapter.
Every person in charge of an improvement on a landmark site or in an 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 improvements to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.
Nothing contained in this chapter at all shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any improvement on a landmark site or in an historic district pursuant to order of any government agency or pursuant to any court judgment for the purpose of remedying conditions determined to be dangerous to life, health or property. In such case, no approval from the Commission shall be required.
Any damaged structure which has been designated as a landmark pursuant hereto may be restored in its present location upon recommendation by the Commission and approval by the Town Board.
The provisions of Ch. COMM 70, Wis. Adm. Code, are hereby adopted and incorporated herein by reference.
Any person or persons violating any provision of this subchapter shall be subject to a forfeiture under § 1-16B of the Ledgeview Municipal Code.