[HISTORY: Adopted by the Village Board of
the Village of Osceola 12-12-1995 by Ord. No. 15-95. Amendments noted
where applicable.]
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 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 Osceola cultural, social, economic, political
and architectural history.
(2)
Safeguard Osceola'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 Osceola.
(4)
Protect and enhance Osceola attractions to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
As used in this chapter, the following terms
shall have the meanings indicated:
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of an historic
structure, historic site or any improvement in an 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.
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 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.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of Osceola, the state or nation and which
has been designated as an 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.
A.
Composition. An Historic Preservation Commission is
hereby created, consisting of seven members. At least six of the members
shall be residents of the village. Of the membership, if available
in the community, one shall be a registered architect, one shall be
an historian, one shall be a licensed real estate broker, one shall
be a Village Trustee and three shall be citizen members. 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.
B.
Terms of office.
(1)
Initial appointment of Commissioners shall be as follows:
A Village Trustee shall be appointed until May 1, 1997. Two Commissioners
shall be appointed for terms expiring May 1, 1997, two Commissioners
shall be appointed for terms expiring May 1, 1998, and two shall be
appointed for terms expiring May 1, 1999.
(2)
Appointments after the initial appointment shall be
as follows: The Village Trustee appointment shall be made annually
for a one-year term. All other Commission terms shall be for three
years. Should anyone, for any reason, fail to complete a term a replacement
will be appointed to serve out the remainder of the term.
C.
The Commission shall hold its initial organizational
meeting at a time set by the Village President. In May of 1997 and
each May thereafter, at a date set at a prior meeting or set by the
Chairman, the Commission shall elect officers.
D.
Officers of the Commission shall be a Chair and a
Secretary.
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 Osceola, 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 or her age; or
(5)
Have yielded, or may be likely to yield, information
important to prehistory or history.
B.
The Commission shall adopt specific operating guidelines
for historic structure, historic site and historic district designation,
provided that such are in conformance with the provisions of this
chapter.
C.
Signage criteria. Signage shall be designed to enhance
and complement the historic character of buildings within the district.
Prior to issuance of a sign permit for a new sign or the replacement
of an existing sign, the applicant shall complete a design review
application. The Historic Preservation Commission shall review said
application and issue a certificate of appropriateness, provided that
the following guidelines are met:
[Added 1-13-1998 by Ord. No. 1-98]
(1)
Sign and placement. Signs shall be positioned so that they are an integral design feature of the architectural features of the building and shall be placed so that they do not destroy architectural details, such as, but not limited to, stone arches, glass transom panels or decorative brickwork. Signs may be placed only in the horizontal lintel sign space above the storefront windows or within window glass, attached to awnings or in areas where signs were historically attached. In addition to the maximum sign sizes and placement which are controlled by Chapter 219, Zoning, Article IV, Signs, the following rule shall be followed: Awning signs may be placed on the side panels, front drop or awning valance but shall not extend vertically or horizontally beyond the limits of an awning and shall not exceed 40% of the surface area of the side panel, front drop or valance of any awning.
(2)
Colors. Sign colors shall blend with the building
facade to which the sign is attached and be compatible with the property's
use. No more than two colors shall be used for sign lettering.
(3)
Message. The sign message shall be legible and relate
to the nature of the use. These requirements may be accomplished through
the use of words, pictures, names, symbols and/or logos.
(4)
Lettering. Lettering styles shall be legible and relate
to the character of the property's use. In addition, a sign shall
contain no more than two lettering styles, lettering shall occupy
no more than 60% of the sign's total area, and capital letters shall
be no more than 75% of the height of the sign background.
(5)
Illumination. External illumination of signs is permitted.
Illumination may be incandescent or fluorescent but shall emit a continuous
white light that prevents direct light from shining onto the street.
Exposed neon lighted signs may be appropriate to the historic district,
provided that they meet the other requirements of this section. The
use of internally lit signs, such as but not limited to backlit signs,
shall be allowed for the following: public service time and/or temperature
signs and theater signage.
(7)
Portable signs. Portable signs are permitted in the Local Downtown
and National Historic Districts subject to the following standards:
[Added 3-12-2013 by Ord.
No. 13-01]
(b)
Portable signs shall not be considered temporary signs.
(c)
Limited to one sign per building. One additional sign per 30
feet of building frontage is permitted for multiple-tenant buildings
with frontage wider than 100 feet. An additional sign is permitted
for buildings on corner lots.
(d)
Shall be freestanding, not attached by any means to a permanent
structure, natural feature, or sidewalk, and designed to prevent overturning.
(e)
The content is limited to businesses or advertised goods of
the business immediately adjacent to the sign.
(f)
Shall not contain dispensing pockets for materials such as,
but not limited to, menus, sales flyers, advertising brochures, etc.
(g)
Shall not have balloons, streamers, pennants, or similar adornment
attached to them, except for grand openings for no more than three
days.
(h)
Shall be displayed only during hours of operation and must be
stored indoors at all other times.
(i)
Shall be located outside the vision clearance area, as described in § 219-35, and shall not obstruct the sidewalk, building entrances/exits, cross walks, loading zones, on-street parking spaces, easements, or interfere with snow removal.
(j)
A minimum pedestrian clearance of five continuous feet from
the front of the building to the sign, or to the inside edge of the
curb if the sign is placed adjacent to the building, must be maintained
for pedestrian movement.
(k)
Shall be placed within 10 feet of the building entrance, but
not placed in the street. If the building entrance is within the vision
clearance area, the distance may be increased. Signs are prohibited
on the sidewalk at street corners, in disabled access ramps/curbs
and in or adjacent to designated disabled parking spaces, building
exits or fire escapes and may not obstruct public benches or trash
receptacles.
(l)
Maximum height of 48 inches and a maximum of 12 square feet
per side and a total of 24 square feet.
(m)
Shall be painted and constructed of quality sign-grade wood
or metal with historically appropriate colors that are compatible
with and complimentary to the architecture of the historic buildings
and character of the Local Downtown and National Historic Districts
and the business. An appendix containing images of acceptable portable
signs and colors is available upon request.
(n)
Synthetic materials such as chalkboard and whiteboard are acceptable
accent materials but are limited to 50% of the sign area on each side.
(o)
Shall not be reflective, animated, fluorescent or illuminated.
(p)
Owners of such signs shall assume all liability for damage resulting
from their use and shall be responsible for assuring that sign remains
in good condition.
(q)
Any signs not in compliance with these standards may be removed
by the Village.
A.
Designation. The Commission shall have the power, subject to § 130-6, to designate historic structures and historic sites and to recommend designation of historic districts within the Osceola limits. Such designations shall be made based on § 130-4. Historic districts shall be approved 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 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 Historic Preservation Commission. Also, 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 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 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 Osceola and Wisconsin.
(e)
In the case of a request for the demolition
of a deteriorated building or structure, any economic 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)
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,
it shall issue the certificate of appropriateness. The 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 Osceola. 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 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 90 days. 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 an historic structure, site or district has been properly
designated, the Commission, in cooperation with the property owner,
may cause to be prepared and erected on such property a suitable plaque
declaring that such property is an historic structure, site or district.
A.
Designation of historic structures and historic sites.
(1)
The 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 § 130-4 above. At least 10 days prior to such hearing, the Commission shall notify, by mail, the owners of record, as listed in 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.
(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 designation or rescission. Within 10 days after
the close of the public hearing, the 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 Village Board. The Commission shall cause
the designation or rescission to be recorded, at the expense of the
party requesting the action, in the County Register of Deeds office.
B.
Creation of historic district.
(1)
For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within Osceola to be designated as historic districts and shall prepare an historic preservation plan for each area. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to Osceola, after application of the criteria in § 130-4 above. 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)
Review and adoption procedure.
(a)
Historic Preservation Commission. The Historic
Preservation 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 Village Administrator to
the Village Board and the owners of record, as listed in the office
of the Osceola Assessor, who are owners of the property within the
proposed historic district or situated in whole or in part within
200 feet of the boundaries of the proposed historic district. Said
notice is to be sent a 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.
(b)
The Village Board. The Village Board, upon receipt of the recommendations from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in Subsection B(2)(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 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.
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 violations shall be issued by the
Building Inspector.
