Village of Wrightstown, WI Historical Preservation

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 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. The purpose of this chapter is to:

Effect and accomplish the protection, enhancement and perpetuation of such improvements, sites and districts which represent or reflect elements of the village's cultural, social, economic, political and architectural history.

Safeguard the village's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

Foster civic pride in the notable accomplishments of the past.

Stabilize and improve property values.

Protect and enhance the village's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry.

Improve and enhance the visual and aesthetic character of the village.

Educate the public regarding the need and desirability of a village historic preservation program and its enhancement of the quality of life.

§ 111-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CERTIFICATE OF APPROPRIATENESS

The certificate or report issued by the Commission, approving alteration additions, rehabilitation, reconstruction or demolition of an historic structure, historic site or contributing structures within an historic district.

COMMISSION

The Historic Preservation Commission.

CONTRIBUTING STRUCTURE

Any improvement within an historic district which is historically or architecturally significant through its relationship to other historically or architecturally significant properties and which has been designated as a contributing structure pursuant to the provisions of this chapter. Contributing structures have maintained most of their historical or architectural characteristics and compliment or add to the character of the historic district.

HISTORIC DISTRICT

An area designated by the Village Board, on recommendation of the Commission, that contains two or more historic structures or sites.

HISTORIC SITE

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.

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 village, state or nation and which has been designated as an historic structure pursuant to the provisions of this chapter.

§ 111-3 Historic Preservation Commission.

A Historic Preservation Commission is hereby created, consisting of seven members. 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 Trustee and three shall be citizen members.

Each member shall have, to the highest extent practicable, a known interest in historic preservation. The Village Board shall appoint the Commissioners. Of the initial members so appointed, two shall serve a term of one year, two shall serve a term of two years and three shall serve a term of three years.

Thereafter, the term for each member shall be three years.

§ 111-4 Designation criteria.

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 village, 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.

The Commission may adopt specific operating guidelines for historic structure, historic site and historic district designation.

§ 111-5 Powers and duties of Commission.

Designation. The Commission shall have the power to recommend to the Village Board the designation of historic structures, historic sites and historic districts within the village. Once designated and approved by the Village Board, such historic structures, sites and districts shall be subject to all the provisions of this chapter.

Regulation of construction, reconstruction, alteration and demolition.

(1)

No owner or person in charge of an historic structure, historic site or contributing structure shall reconstruct, alter or demolish all or any part of the exterior of such property 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. Unless such certificate has been granted, 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 architectural feature of the improvement or site upon which said work is to be done.

(b)

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 the village and state.

(c)

The building or structure is of such old and unusual or uncommon design, texture and/or material that it could not be reproduced without great difficulty and/or expense.

(d)

In the case of a request for a demolition permit, the denial of the permit would result in the loss of all reasonable and beneficial use or return from the property.

(e)

In the case of a request for the demolition of a deteriorated building or structure, any 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)

In addition, in determining whether to issue a certificate of appropriateness, the Commission shall consider and may give decisive weight to any or all of the following standards:

(a)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(b)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(c)

Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(d)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(e)

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(f)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

(g)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(h)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(i)

Additions, exterior alterations or related construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

(j)

Additions and adjacent or related construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of this historic property and its environment would be unimpaired.

(4)

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 and with the above guidelines, it shall issue the certificate of appropriateness. Upon the issuance of such certificate, the building permit shall then be issued by the Building Inspector. The Commission shall make this decision within 30 days of the filing of the application.

(5)

Should the Commission fail to issue a certificate of appropriateness, the applicant may appeal such decision to the Village Board within 30 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.

(6)

The granting of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the village. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of a certificate of appropriateness required for the proposed work. Insofar as they are applicable to an historic structure or historic site, any provision of the Plumbing Code, Electrical Code or Building or Housing Code of the village shall apply, unless waived by the appropriate state or village officials. The Commission may support or propose such waivers before the appropriate state or village appeals body.

(7)

Compliance with certificates of appropriateness shall be started within 12 months after the issuance of the certificate, and the work shall conform to the provisions of the certificate. The village may inspect the work during and after construction in order to assure compliance. Failure to comply with a certificate of appropriateness or failure to obtain a certificate of appropriateness shall be a violation of this chapter. In addition to any and all penalties according to the ordinances of the Village of Wrightstown and remedies allowed by state law, the village may issue a stop work order, and all work shall cease on the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect.

(8)

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.

Recognition of historic structures, sites and districts. At such time as an historic structure, site or district has been properly designated, the Commission, upon Council approval, may cause to be prepared and erected on such property, at the village's expense, a suitable plaque declaring that such property is an historic structure, site or district. Such plaque shall be so placed as to be easily visible to passing pedestrians. The plaque shall state the accepted name of this historic property, the date of its construction of significance and other information deemed proper by the Commission.

Other duties. In addition to those duties already specified in this section, the Commission may:

(1)

Work for the continuing education of the citizens about the historical heritage of the village and the historic properties designated under the provision of this chapter.

(2)

Cooperate with the State of Wisconsin Historic Preservation Officer and the State Historic Preservation Review Board in attempting to include such properties hereunder designated as landmarks or landmark sites or historic districts in the National Register of Historic Places and the State Register of Historic Places.

(3)

As it deems advisable, receive and solicit funds for the purpose of historic preservation in the village. Such funds shall be placed in a special village account for such purpose.

§ 111-6 Designation procedure.

For purposes of this chapter, an historic structure, historic site, historic district or contributing structure 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 village, 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 to prehistory or history.

The Commission may adopt specific operating guidelines for an historic structure, historic site, historic district and contributing structure designation, provided that such are in conformance with the provisions of this chapter.

The Commission may, after notice and public hearing, recommend to the Village Board the designation of historic structures, historic sites, historic districts and contributing structures or recommend to rescind such designation. At least 10 days prior to such hearing, the Commission shall notify by letter the owners of record, as listed in the office of the Village Assessor, and owners of property who are in whole or in part situated within 100 feet of the boundaries of the property affected or within the boundaries of the historic district. These owners shall have the right to confer with the Commission prior to final action by the Commission on the designation. Notice of such hearing shall also be published as a Class 1 notice, under the Wisconsin statutes.

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 recommend the property as either an historic structure, historic site, historic district or contributing structure, or recommend the designation be rescinded. The recommendation shall be forwarded to the Village Board for its final determination. Designating or rescinding of an historic structure, historic site, historic district or contributing structure shall be done by resolution.

§ 111-7 Interim control.

No building permit shall be issued by the Building Inspector for alteration, construction, demolition or removal of a nominated historic structure, historic site or the demolition of any contributing structure within a nominated historic district from the date of the meeting of the Commission at which a nomination form is first presented until the final disposition of the nomination by 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 120 days.

§ 111-8 Conformance with regulations.

Every person in charge of an historic structure, historic site or contributing structure shall maintain the same or cause or permit it to be maintained in a condition consistent with the provisions of this chapter. The Village Board appoints the Building Inspector to enforce this chapter. Inspections may include physical entry upon the property and improvement, with permission of the owner, to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for the enforcement officer to enter for purposes of inspection, the inspection officer may obtain a warrant of entry pursuant to W.S.A. s. 66.122 and take any other reasonable measures to further enforcement of this chapter.

Every person in charge of an improvement on an historic site or a contributing structure shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof which, if not maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair, including but not limited to:

(1)

The deterioration of exterior walls or other vertical supports.

(2)

The deterioration of roofs or other horizontal members.

(3)

The deterioration of external chimneys.

(4)

The deterioration or crumbling of exterior plasters or mortar.

(5)

The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors.

(6)

The peeling of paint, rotting, holes and other forms of decay.

(7)

The deterioration of surrounding environment; e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping.

(8)

The deterioration of any features so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(9)

All interior portions thereof which may cause the exterior to deteriorate or become damaged or otherwise to fall into a state of disrepair.

The purpose of this section is to prevent the demolition of a building or structure by neglecting it and permitting damage to it by weather or vandalism.

Insofar as they are applicable to an historic structure, historic site or contributing structure designated under this section, any provision of the Plumbing Code, the Minimum Housing and Property Maintenance Code, Building Code, Heating, Ventilating and Air Conditioning Code and outdoor signs and outdoor advertising structure regulations of the 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 that such variance or waiver does not endanger public health or safety.

§ 111-9 Emergency conditions.

In any case where the Building Inspector determines that there are emergency conditions dangerous to life, health or property affecting an historic structure, site or a property in an historic district, the Building Inspector may order the remedying of these conditions without the approval of the Commission. The Building Inspector shall promptly notify the Commission of the action being taken. When the emergency conditions do not require demolition, the Building Inspector shall make every effort to carry out the intent of this chapter and to use the design guidelines of the Commission when remedying the emergency conditions.