Village
of Plover
H - Historical Preservation District
|
H
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HISTORICAL PRESERVATION
DISTRICT |
AUTHORITY. These regulations
are adopted under the authority granted by §62.23 (7) (em), Wis.
Stats.
PURPOSE AND INTENT. 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, archeological 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 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 Village's cultural, social, economic,
political and architectural history.
(b) Safeguard the Village'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 Village. Protect and enhance
the Village's attractions to residents, tourists and visitors, and
serve as a support and stimulus to business and industry.
DEFINITIONS.
(a) Certificate of Appropriateness. The certi- ficate issued
by the Commission approving alterations, rehabilitation, construction,
reconstruction or demolition of an historic structure, historic
site or any improvement in an historic district.
(b) Commission. The Historic Preservation Commission
is created under this section.
(c) Historic District. An area designated by the Village
Board on recommendation of the Commission that contains 2 or more
historic improvements or sites.
(d) 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 section, 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.
(e) Historic Structure. Any improvement which has a special
character of special historic interest of 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.
(f) Improvement. 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.
HISTORIC PRESERVATION COMMISSION.
The Plan Commission is hereby designated to serve as the Historic
Preservation Commission.
HISTORIC STRUCTURE, HISTORIC SITE
AND HISTORIC DISTRICT DESIGNATION CRITERIA.
(a) For purposes of this section, 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, archeological 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, methods 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 age.
5. Have yielded, or may likely yield,
information impor- tant to prehistory or history.
(b) The Commission shall adopt
specific operating guidelines for historic structure, historic site
and historic district design providing such are in conformance with
the provisions of this section.
POWERS AND DUTIES OF COMMISSION.
(a) Designation. The Commission shall have the power, subject
to sub. (7) below, to designate historic structures and historic
sites and to recommend designation of historic duties within the
Village limits. Such designations shall be made based on sub. (5)
above. 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 section.
(b) Regulation of Construction, Reconstructions, 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 certification 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 certification 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 pr 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 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 such 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 section 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 significance that its demolition would
be detrimental to the public interest and contrary to the general
welfare of the people in the Village and State.
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 and 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 the Village. A building
permit or other municipal permits shall be invalid if it is obtained
without the presentation of the certificate required for the proposed
work.
5. Ordinary maintenance and repairs
may be undertaken with- out 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 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 section.
(d) Recognition of Historic Structures,
Sites and Districts. At such time as a 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 at Village expense, a suitable plaque declaring that
such property is a historic structure, site or district.
PROCEDURES.
(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 the
application of the criteria in sec. (5) above. At least 10 days
prior to the hearing, the Commission shall notify the owners of
record, as listed in the Office of the Assessor, who are owners
of property in whole or in part or in part situated within 200
feet of the boundaries of the property affected.
2. The Commission shall then conduct
such public hearings 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 a historic
structure, or a historic site, or rescind the designation. After
the designation or rescission has been made, notification shall
be sent to the property owner(s). Notification shall also be given
to the Village Clerk, Building Inspector, Plan Commission and
Village Assessor. The Commission shall cause the designation or
rescission to be recorded, at Village expense, in the Office of
the Portage County Register of Deeds.
( b) Creation of Historic
District.
1. For preservation purposes, the
Historic Preservation Commission shall select geographically defined
areas within the Village to be designated as historic districts
and shall prepare a historic preservation plan for each area.
A historic district may be designated for any geographic area
of particular history, architectural or cultural significance
to the Village, after application of the criteria in sec. (5)
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 Procedures.
(a) The Historic Preservation
Commission shall hold a public hearing when considering the
plan for a historic district. Notice of the time, place and
purpose of the public hearing shall be sent by the Village Clerk
to the Trustees in which the historic district is located, and
the owners of record, as listed in the office of the Village
Assessor, who are owners of the property within the proposed
historic district or are situated in whole or in part within
200 feet of the boundaries of the proposed historic district.
Said notice is to be sent at 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) 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 section and to the objectives
and design criteria of the historic preservation plan for said
district.
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 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.
PENALTIES FOR VIOLATIONS. Any
person who fails to comply with the provisions of this section shall,
upon conviction thereof, forfeit $50 plus the costs of prosecution
for each violation. Each day a violation exists or continues shall
constitute a separate offense. Notice of violation shall be issued
by the building inspector.
SEPARABILITY. If any provision
of this section or the appli- cation thereof to any person or circumstances
is held invalid, the remainder of this section and the application
of such provisions to other persons or circumstances shall not be
effected thereby.
Community Development Department
Plan Commission / Zoning Codes
Plan Commission Agenda / Plan
Commission Minutes
