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The Building Inspector shall promptly transmit the application for a certificate of appropriateness, together with the supporting information and material, to the Board of Review for approval. The Board of Review, by approving, disapproving, or modifying an application, shall act upon the application at the next meeting at which such application could be considered. Otherwise, the application shall be deemed to be approved and a certificate of appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been made and the Board of Review may advise the applicant and make recommendations in regard to the appropriateness. If the Board of Review approves the application, a certificate of appropriateness shall be issued. If the certificate of appropriateness is issued, the application shall be processed in the same manner as application for building or demolition permits. If the Board of Review disapproves the application, a certificate of appropriateness shall not be issued. The Board shall state its reasons in writing, and the Building Inspector shall advise the applicant and a permit shall not be issued. If the application is denied, the applicant may modify the application and may resubmit at a subsequent meeting.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
A certificate of appropriateness permit shall be deemed to authorize the particular changes reflected on the permit. Such permit will expire if, for any reason, the change has not commenced within one year.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
DEVELOPMENT STANDARDS
It is not the intent of this chapter to discourage new construction or other development, nor to limit it to any one period of architectural style, but to preserve the integrity of the historic buildings and to ensure the compatibility of any new work constructed in the historic district. In making its decisions, the Board shall consider the effects of proposed alterations or construction on both the individual structure involved and on the neighborhood surrounding the structure. The Board shall also consider the Madison Design Review Guidelines, contained in Appendix A, specifically pages 35-139. The Board may amend the Guidelines from time to time subject to approval by the Common Council.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87; Am. Ord. 2009-13, passed 11-3-09; Am. Ord. 2022-19, passed 10-20-22)
A building or structure, classified as historic, and any appurtenance related thereto, including but not limited to stone walls, fences, iron work, steps, and signs, shall only be moved, reconstructed, altered, or maintained in a manner that will preserve the historical and architectural character of the building, structure, or appurtenance thereto. Nothing in this chapter shall be construed so as to prevent the ordinary maintenance or repair of any exterior elements of any building or structure within the historic district.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) Whenever a property owner shows that a building is incapable of earning an economic return on its value, and the Board of Review fails to approve the issuance of a certificate of appropriateness, such building may be demolished; provided, however, that before a demolition permit is issued, notice of proposed demolition shall be given as follows:
(1) For buildings rated historic: 12 months.
(2) For buildings nonrated: 2 months.
(B) Notice shall be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice shall be published in a newspaper of general local circulation at least three times prior to demolition, the final notice of which shall be not less than 15 days prior to the date of the permit, and the first notice of which shall be published not more than 15 days after the application for a permit to demolish is filed. The purpose of this subchapter is to further the purposes of this chapter by preserving historic buildings which are important to the education, culture, traditions, and the economic values of the city, and to afford the city, interested persons, historical societies, or organizations, the opportunity to acquire or to arrange for the preservation of such buildings. The Board of Review may at any time during such stay approve a certificate of appropriateness in which event a permit shall be issued without further delay.
(C) Criteria for the Board to consider in the case of a proposed demolition:
(1) The Board shall determine whether the building is in such a state of deterioration and disrepair or so structurally unstable as to make preservation, restoration, or rehabilitation impracticable.
(2) The Board shall determine whether the removal of such a building would be detrimental to the character of the historic district, balancing the interest of the public in preserving the integrity of the district with the interest of the owner of the building in the use and utilization of the property.
(3) The Board shall take into account possible alternatives to demolition, and should apprise the owner of the building of such alternatives.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
The construction of a new building or structure, and the moving, reconstruction, or alteration, conspicuously affecting the external appearance of any existing nonrated building, structure, or appurtenance thereof within the primary area shall be generally of such form, proportion, mass, configuration, building material, texture, and location on a lot as will be compatible with other buildings and spaces in the historic area, particularly with buildings designated as historic.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
Within the primary area, new construction and existing buildings and structures and appurtenances thereof which are moved, reconstructed, materially altered, or repaired shall be visually compatible with buildings, squares, and places to which they are visually related generally in terms of the following factors:
(A) Height. The height of proposed buildings shall be visually compatible with adjacent buildings.
(B) Proportion of building's front facade. The relationship of the width of building to the height of the front elevation shall be visually compatible to buildings, squares, and places to which it is visually related.
(C) Proportion of openings within the facility. The relationship of the width of the windows to height of windows in a building shall be visually compatible with buildings, squares, and places to which the building is visually related.
(D) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, squares, and places to which it is visually related.
(E) Rhythm of spacing of buildings on streets. The relationship of the building to open space between it and adjoining buildings shall be visually compatible to the buildings, squares, and places to which it is visually related.
(F) Rhythm of entrance or porch projection. The relationship of entrances and porch projections to sidewalks of buildings, squares, and places shall be visually compatible to the buildings to which it is visually related.
(G) Relationship of materials, and texture. The relationship of materials, and texture of the facade of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(H) Roof shapes. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
(I) Walls of continuity. Appurtenances of a building such as walls, wrought iron, fences, evergreen landscape masses, and building facades, shall, if necessary, form cohesive walls of enclosure along a street, to insure visual compatibility of the building to the buildings, squares, and places to which it is visually related.
(J) Scale of a building. The size of a building, the building mass of a building in relation to open spaces, the windows, door openings, porches, and balconies shall be visually compatible with the buildings, squares, and places to which it is visually related.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
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