Sponsor
Alderman Anderson
Title
Ord.27-09
To create Sec. 58-80 of the Municipal Code of the City of Racine, Wisconsin relating to Historic Preservation - Enforcement.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Section 58-80 of the Municipal Code of the City of Racine is hereby created to read as follows:
"Section 58-80. Preservation of Historical Artifacts
(a) The purpose of this ordinance is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of artifacts that reflect special aspects of the City of Racine's historical, architectural, cultural, or aesthetic heritage for the following reasons:
1) To encourage public knowledge, understanding, appreciation and use of the City of Racine's past;
2) To foster civic pride in the beauty and character of the City and the accomplishments of its past;
3) To preserve the visual character of the City by preserving artifacts that reflect its history.
(b) Definitions
1) "Commission" for the purposes of this section means the Landmarks Preservation Commission.
2) "Artifacts" for the purposes of this section are manmade objects of cultural or historical significance that are located or have been displayed within the City of Racine.
3) "Object" for the purposes of this section means a construction, such as a statue, monument, milepost, or similar item, that may be by nature of design moveable and yet related to a specific setting or environment.
4) "Historical Artifact" means an Artifact that is:
a. Owned by the City of Racine or Redevelopment Authority of the City of Racine; and
b. At least 50 years old and designated a Local Historical Artifact as described below; or
c. Associated with a property that meets the criteria for listing on the National Register of Historic Places, State Register of Historic Places or as a City of Racine Landmark.
5) "Inventory of Historical Artifacts" is the official list of Historical Artifacts subject to the terms of this ordinance. The Inventory of Historical Artifacts shall be held and maintained by the director of the department of city development.
6) "Local Historical Artifact" is an object that:
a. Exemplifies or reflects the cultural, archaeological, political, economic, social, or religious history; or,
b. Is identified with personages, events, or periods of history; or,
c. Embodies distinguishing characteristics of architecture, an architect, architectural materials, craftsmanship, or works of nature; or,
d. In its inherent historical nature provides the citizenry with educational or aesthetic enrichment; or,
e. Contributes to the character or understanding of a historic district, property, or structure; and that
has been designated a Local Historical Artifact pursuant to this section.
(c) Procedures for Listing or Removal from Listing. Official listing on the Inventory of Historical Artifacts, or removal from listing, shall be made by recommendation of the commission and confirmation by the common council.
1) The commission shall hold a public hearing before recommending that an artifact be listed, or removed from listing, on the Inventory of Historical Artifacts. At least 10 days prior to the hearing, the commission shall provide written notice to the following:
i. The director of city development.
ii. The commissioner of public works.
iii. The director of parks, recreation and cultural services.
iv. The general manager of the water and wastewater utilities.
v. The fire chief.
vi. The police chief.
vii. The chief building inspector.
viii. The mayor and alderpersons.
2) After giving notice as provided in subsection 1), the commission shall conduct the public hearing. The commission shall have the power to call such other witnesses and to examine such records as it deems necessary.
3) Within 30 days after the close of the public hearing, the commission shall recommend or decline to recommend to the common council the listing, or removal from listing, of the artifact on the Inventory of Historical Artifacts. After such recommendation regarding designation or removal has been made, the commission shall provide written notice of its recommendation to the chief building inspector, the director of the department of city development, the commissioner of public works, the director of parks, recreation and cultural services, the general manager of the water and wastewater utilities, the fire chief, the police chief, the mayor, and alderpersons, Preservation Racine, Inc., and the Racine Heritage Museum.
(d) Preservation.
1) No person or entity, including but not limited to any department or agency of the City of Racine or the Redevelopment Authority of the City of Racine, shall permit the transfer, relocation, demolition, of alteration of a historical artifact listed on the Inventory of Historical Artifacts without first obtaining the permission of the commission. If any activity associated with the artifact has the potential to damage or cause the loss of such artifact, the person responsible for such activity must first present a plan for the protection of such artifact to the commission. The project shall not commence or continue until and unless the artifact protection plan is approved. The person responsible for the activity must thereafter provide documentation to the commission and commissioner of public works, and to such of the director of city development, the director of parks, recreation and cultural services, the general manager of the water and wastewater utilities, the police chief, or the fire chief under whose control and custody the listed historical artifact falls, that the plan was properly executed.
2) If approval under subparagraph 1) is denied, the applicant may, in writing to the city clerk within 10 days of denial, appeal such decision to the common council. The city clerk shall cause the matter to be placed on the agenda of the meeting of the common council next following the receipt of such appeal, consistent with the Wisconsin Open Meetings Law. A representative of the commission shall appear at such meeting to explain the reasons for denial. Approval or denial by the common council is final.
(e) Documentation. If the commission finds that the preservation of a Historical Artifact is not practicable, then the Historical Artifact shall be documented by photographs, mapping, written description or such other means or matter deemed most appropriate by the commission.
(f) Stop Work Order. If any member of the commission learns or discovers that any person or entity is, may be, or is about to be engaged in the transfer, relocation, demolition, or alteration of a historical artifact listed on the Inventory of Historical Artifacts without first obtaining the permission of the commission, such commission member shall notify the chair of the commission. The commission chair shall call a special meeting, to be held within 72 business hours consistent with the Wisconsin Open Meetings Law, by providing telephonic or written notice to each member of the commission at his/her usual place of abode at least six hours before the time set for the meeting. No business shall be transacted or action taken at any special meeting other than the prospective stop work order stated in the notice for the meeting. If the commission issues a stop work order, such order shall in place remain until confirmed, modified, or overruled by the common council at a regularly scheduled meeting.
(g) Cooperation with Other Public Entities. The Landmarks Preservation Commission shall work with other public entities including but not limited to the Racine Unified School District, Gateway Technical College, County of Racine, and State of Wisconsin to extend the protection of this ordinance to historical objects that they own."
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
__________________________
Approved: ______________
_________________________
Mayor
Attest:
_________________________
City Clerk
Fiscal Note: N/A