A. Designation: The commission shall have the power, subject to section 2-8-6 of this chapter, to designate historic structures, historic sites and historic districts within the city limits. Such designations shall be made based on section 2-8-4 of this chapter. 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 a historic structure, historic site or structure within a 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 commission. 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 architectural 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 a historic site, or within a 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 a 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 the city and state;
e. 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;
f. 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 of or return from the property; or
g. 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 historical 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 archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i. New additions, exterior alterations or related new 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. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
k. Historic district design review guidelines established by the commission that are not inconsistent with the standards in this subsection or subsection 2-8-6B3 of this chapter.
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 forty five (45) days of the filing of the application.
5. Agencies of the city and all public utility and transportation companies undertaking projects affecting historic structures, historic sites or historic districts, shall be required to obtain a certificate of appropriateness prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, structures and buildings on property, easements or streets owned or franchised by the city.
6. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. 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. Insofar as they are applicable to a historic structure, historic site or improvement in a historic district designated under this chapter, any provision of the plumbing code, electrical code, or building or housing code of the city shall apply, unless waived by the appropriate state or city officials. The commission may support or propose such waivers before the appropriate state or city appeals body.
7. Compliance with certificates of appropriateness shall be started within twelve (12) months after the issuance of the certificate and the work shall conform to the provisions of the certificate. The city 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 other penalties and remedies, the city shall 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 a 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 common council within thirty (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.
D. Recognition Of Historic Structures, Sites And Districts: At such time as a historic structure, site or district has been properly designated, the commission may cause to be prepared and erected on such property, at city expense, a suitable plaque declaring that such property is a 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 the historic property, the date of its construction, and other information deemed proper by the commission.
E. Sale Of Historic Structures And Historic Sites: Any party who is listed as the owner of record of a historic structure or historic site at the time of its designation, who can demonstrate to the commission that by virtue of such designation he is unable to find a buyer willing to preserve such historic structure or historic site, even though he has made reasonable attempts in good faith to find and attract such a buyer, may petition the commission for a rescission of its designation. Following the filing of such petition with the secretary of the commission:
1. The owner and the commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.
2. If, at the end of a period not exceeding six (6) months from the date of such petition, no such buyer can be found, and, if the owner still desires to obtain such rescission, the commission shall rescind its designation of the subject property.
3. In the event of such rescission, the commission shall notify the city clerk, the building inspector and the city assessor of same, and shall cause the same to be recorded, at its own expense, in the office of the Dunn County register of deeds.
4. Following any such rescission, the commission may not redesignate the subject property a historic structure or historic site for a period of not less than five (5) years following the date of the rescission.
F. Other Duties: In addition to those duties already specified in this section, the commission shall:
1. Work for the continuing education of the citizens about the historical heritage of this city and the historic properties designated under the provisions 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 historic structures, historic 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 city. Such funds shall be placed in a special city account for such purposes. (1975 Code Ch. 21 § XXXII)