Title
Ordinance No. 23-05 to repeal and recreate Chapter 58 relating to Historic Preservation and to amend Chapter 114 relating to Zoning, of the Municiipal Code of the City of Racine.
Recommendation: That the ordinance be adopted.
Body
To repeal and recreate Chapter 58 relating to Historic Preservation and to amend Chapter 114 relating to Zoning, of the Municipal Code of the City of Racine, Wisconsin.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Chapter 58 of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
“ARTICLE I. IN GENERAL
Sec. 58-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings given to them in this section, except where the context clearly indicates a different meaning:
Commission means the landmarks preservation commission created under article II of this chapter.
Historic district means a geographic area designated by this chapter which contains one or more landmarks or landmark sites and the abutting properties to which improvements affect the appearance and preservation of the landmark sites.
Improvement means any building, structure, work of art or nature or other object constituting an addition to the real estate.
Landmark means any improvement which has a special character or historic or cultural interest or value in the development and heritage of the city and has been designated by the common council as a landmark.
Landmark site means any parcel of land of historic significance due to the presence of a landmark located thereon, or within the immediate vicinity thereof, the location of a historic event or property which provides a view of a landmark and has been designated by the common council as a landmark site.
Sec. 58-2. Purpose and intent.
Whereas, historical, architectural, archaeological and cultural heritage are among our most important assets, it is hereby declared to be the purpose of this chapter for the city to engage in a comprehensive program of historic preservation to promote the use and conservation of historic property for education, welfare, inspiration, pleasure and enrichment of the people and foster civic pride in the beauty and accomplishments of the past.
Sec. 58-26. Created; composition; terms.
A landmarks preservation commission is hereby created, consisting of seven members. Of the membership, one member shall be a registered architect or building professional; one member shall be a historian qualified in the field of historic preservation; one member shall be a licensed real estate broker; one member shall be an alderman; and three members shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in landmarks preservation. The mayor shall appoint the commissioners, subject to confirmation by the common council. The term for each member shall be three years.
Sec. 58-27. Activities, functions and duties.
(a) The authority and activities of the commission shall be advisory, and it shall act in a cooperative capacity and rely upon voluntary compliance in the designation of landmarks or landmark sites.
(b) The basic function of the commission shall be the development of public support for historic preservation and the location and identification of potential landmarks and landmark sites.
(c) The duties of the commission shall be to:
(1) Develop appropriate criteria and standards for identifying and evaluating neighborhoods, areas, places, structures and improvements within the city which have distinctive character of special historic, aesthetic, architectural, archaeological, or cultural interest or value, and might be classified as landmarks or landmark sites.
(2) Conduct studies and surveys of neighborhoods, areas, places, structures and improvements within the city for the purpose of determining those of a distinctive character or special historic, aesthetic, architectural, archaeological or cultural interest or value, and of compiling appropriate descriptions, facts, lists and files.
(3) Promote public education, interest and support for the preservation and enhancement of such landmarks, sites or characteristics.
(4) Cooperate with and advise the common council, plan commission and other agencies and departments of government with regard to such matters as may be appropriate with respect to landmarks, sites or characteristics.
(5) Cooperate with and enlist assistance from the National Trust for Historic Preservation, the state historical society, the county historical society and other agencies, groups or individuals active in the field of historic and cultural preservation.
(6) Develop and recommend ordinances, legislation and programs and otherwise provide information for the purpose of historic preservation to the common council and other governmental bodies.
(7) Work on a voluntary basis with the owners of landmarks or landmark sites or areas, advising them on the benefits, problems and techniques of preservation and encouraging their participation in preservation activities.
DIVISION 1. GENERALLY
Secs. 58-51-58-60. Reserved.
DIVISION 2. HISTORIC PROPERTIES
Sec. 58-61. Criteria for designation of landmarks or landmark sites.
(a) The criteria for the designation of properties to be landmarks or landmark sites shall be that which:
(1) Exemplifies or reflects the cultural, archaeological, political, economic, social or religious history.
(2) Is identified with personages, events or periods of history.
(3) Embodies distinguishing characteristics of architecture, an architect or architectural materials, craftsmanship or works of nature.
(4) In its inherent historical nature provides the citizenry with educational or aesthetic enrichment.
Sec. 58-62. Procedure for identification of landmarks or landmark sites for designation.
(a) Upon payment by the applicant of a processing fee as adopted by the common council and after due consideration and deliberation, the commission shall apply the criteria specified in this division to identify such properties as it may deem appropriate to be designated as a landmark or landmark site.
(b) The commission shall hold a public hearing before recommending any designation of a landmark or landmark sites. At least ten days prior to the hearing, the commission shall provide written notice to the following:
(1) The owners of record of the affected properties and the occupants thereof.
(2) The city plan commission.
(3) The chief building inspector.
(4) The mayor and alderpersons.
(c) After giving notice as provided in subsection (b), the commission shall conduct the public hearing. In addition to the notified persons and general public, the commission shall have the right to call such other witnesses and to examine such records as it deems necessary.
(d) Within 30 days after the close of the public hearing, the commission may recommend to the plan commission and common council the designation of the property as either a landmark or a landmark site or recommend the rescinding of such designation. The document of designation shall set forth the criteria required in section 58-61 which apply to the property so affected. After such recommendation of designation or rescission has been made, the commission shall provide written notice of its recommendation to the property owners of record and those persons who appeared at the public hearing.
(e) After making its findings and recommendation under subsection (d), the commission may petition the common council for the rezoning of the subject area or parcel to facilitate such a designation. If the common council determines to designate the landmark or landmark site and appropriate adjacent lands, it may rezone it as "H." historic properties district, or rescind the "H." historic properties district, at city expense, in compliance with Sec. 114-77. Only designations receiving affirmative common council action shall have the force and effect of this division.
(f) Following such a rezoning, the commission shall cause such designation to be recorded at commission expense in the county register of deeds office.
Sec. 58-63. Maintenance and repair of landmarks and landmark sites and prevention of neglect.
(a) Subject to obtaining the required permits, ordinary maintenance and repair of designated landmarks and landmark sites may be undertaken without a finding of appropriateness by the commission provided that the work involves maintenance and repair of existing features or the replacement of elements comparably identical in appearance, and does not substantially or irreversibly change the exterior appearance. Section 58-63(a) shall not apply to properties designated as landmarks or landmark sites prior to January 1, 2006.
(b) No owner or occupant of a landmark or landmark site shall fail to keep such property in good repair.
Sec. 58-64. Alterations to landmarks and landmark sites.
(a) No owner or owner's agent of a designated landmark or landmark site shall receive a building permit to commence an activity to substantially or irreversibly change the exterior appearance, or demolish a part or all of the exterior of such designated landmark or landmark site, or construct any improvement upon such designated landmark or landmark site unless the commission finds the activity to be appropriate in accordance with sub-section (b). The chief building inspector shall not accept applications for building permits for exterior modifications, or razing permits, nor issue such permits for properties for which the owner or its representative has a petition filed for the consideration of a rezoning to the "H" Historic Properties District designation. Section 58-64(a) through 58-64(c) shall not apply to properties designated as landmarks or landmark sites prior to January 1, 2006.
(b) The Commission shall render a finding of appropriateness unless the commission determines that:
(1) The activity will be detrimental to the maintenance and overall historic character of the landmark or land site; or
(2) The activity will impede the current or future preservation or restoration of the subject property; or
(3) Adequate measures will not be taken to protect the integrity of distinctive features, finishes, construction techniques, or examples of craftsmanship of the landmark or landmark site; or
(4) The activity is contrary or detrimental to the findings of the original designation of the subject property; or
(5) The activity will not stabilize the landmark or landmark site for future preservation or restoration efforts; or
(6) The activity does not conform to criteria adopted by the common council to provide guidance for the alteration and restoration of historic properties.
(c) In addition to the application for a finding of appropriateness, an owner or owner's agent requesting designation of a landmark or landmark site shall submit to the director of city development all information required for the commission to make a finding with respect to the standards of sub-section (b). Within 45 days of the receipt of an application, the commission shall review the application and issue a written finding to the applicant, the director city development, and the chief building inspector.
(1) Upon a finding of appropriateness, the applicant may request all necessary permits and, upon receiving such permits, proceed with the approved activity.
(2) Within 90 days after the date of a finding of inappropriateness, the applicant may adjust the plans to address factors that resulted in the finding, and resubmit the adjusted plans for commission review, or may appeal the finding to the plan commission. The plan commission shall review the appeal and the commission's finding within 30 days and forward its recommendation to the common council for final action.
(d) In instances of overlapping jurisdictions between the commission and a design or development review body established by chapter 114, the design or development review body shall conduct the application review, consult with the commission, and where substantiated, issue a finding of appropriateness following the standards provided in Sec. 58-64(b).
Sec. 58-65. Razing of Properties.
(a) An owner or owner's agent shall comply with section 58-78 as a condition to applying to the chief building inspector for an application for a razing permit for a landmark or landmark site.
(b) Upon receipt of an application for a razing permit for non-landmark properties, the chief building inspector shall provide written notice to the chairman of the commission of the intent to raze a structure. During a period of 15 business days from the date of application, the chairman of the commission may, in cooperation with the property owner or owner's agent, cause the structure or site to be documented in accordance with commission guidelines. A razing permit issued by the chief building inspector shall not be valid for 15 business days after the date of application, at which time demolition activities may commence.
(c) Applications for razing permits shall not be accepted, nor razing permits issued, for properties currently under consideration by the landmarks preservation commission, plan commission or common council.
DIVISION 3. HISTORIC DISTRICTS
Sec. 58-76. Designation.
The "H" historic properties district has been created as a geographic zone of the city to designate historic districts or sites. The identification for designation by the commission of a landmark or landmark site in accordance with the provisions of this chapter shall constitute a recommendation to the plan commission and common council to designate the geographic area or site so affected to "H" historic properties district.
Sec. 58-77. Petition to rezone property.
Petitions to rezone property to, or in accordance with sec. 58-78 remove a property from the "H" historic properties district shall be filed with the zoning administrator who shall forward such petitions to the director of city development for review and recommendation by the commission. Within 30 days after receiving a petition, the commission shall provide its findings and recommendation to the director of city development who shall forward the findings and recommendations to both the plan commission and common council for action. A petition to rezone shall be filed in compliance with Chapter 114-
Sec. 58-78. Petition for rescission of designation.
An owner of record of a landmark opetitionark site may file a petition with the secretary of the commission requesting rescission of the designation. If the owner can demonstrate to the commission that as a result of such designation the owner is unable to find a buyer willing to preserve such landmark or landmark site, even though the owner has made reasonable attempts in good faith to find and attract such a buyer, the owner may petition the commission for a rescission of the 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 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 recommend the rescission of the designation of the subject property as being in a "H" Historic Properties District.
(3) In the event of such a rescission, the commisspetitionll file a petition with the zoning administrator as specified in sec. 58-77, and shall cause such rescission to be recorded, at its own expense, in the office of the county register of deeds.
(4) Following any such rescission, the commission may not recommend to redesignate the subject property as a landmark or landmark site for a period of not less than five years following the date of rescission.”
Part 2:
Chapter 114-81, of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
Section 114-81. Involvement of landmarks preservation commission.
Copies of all proposed zoning map amendments involving a landmark or landmark site or property located within the "H" historic properties district shall be forwarded by the zoning administrator to the landmarks preservation commission for its review prior to the public hearing. The landmarks preservatiocommission shallll report its findings and recommendations to both the plan commission and the common council within 30 days of receipt of the proposed amendment."
Part 3:
Chapter 114-111, of the Municipal Code of the City of Racine is hereby amended by adding the following at the end of the paragraph:
“(6) Application for designation as “H” historic properties district $150.00.
(7) Application for rescinding “H” historic properties designation $200.00.”
Part 4:
Chapter 114-236(4), of the Municipal Code of the City of Racine is hereby created to read as follows:
“(4) Special district:
H historic properties district.”
Part 5:
Division 5, Special Districts, of the Municipal Code of the City of Racine, is hereby created to read as follows:
“DIVISION 5. SPECIAL DISTRICTS
Subdivision I. H Historic Properties District
Sec. 114-614. Purpose.
The H historic properties district is an overlay district intended to be applied by the common council to those specific properties, structures, defined areas or locations where, upon the owner's written petition or written consent, it has been recommended by the landmarks preservation commission under the authority of Chapter 58, that historical, architecturalarchaeologicalal and cultural resources exist that are important to preserve as a landmark or landmark site to aid in the documentation, study and the understanding of the collective history of the city, county, state region or nation.
Sec. 114-615. Permitted and conditional uses.
Any permitted use and conditional use as permitted in the underlying district is permitted in the H district.
Sec. 114-616. Designated landmarks and landmark sites regulated.
(a) Recommendations for designation, and upon designation the subsequent maintnenace, repair, alteration, razing and rescission of designations of specific landmarks and landmark sites shall be regulated by Chapter 58.
(b) Landmarks and landmark sites may include one or more properties, structures, defined areas or locations.
Sec. 114-617. Criteria for designation of the H historic properties district.
(a) In rendering a decision to designate the H historic properties district for a specific property, structure, area or location, the plan commission and common council shall consider the following:
(1) Whether all affected property owners have submitted a written petition or witten consent for the rezoning of the subject property.
(2) The findings of the commission that resulted in a recommendation that the H historic properties district should be designated thus recognizing a landmark or landmark site.
(3) The suitability for preservation or restoration.
(4) The comaintenancenancne and repair.
(5) Alternative uses.
(6) General community planning.
Sec. 114-618. Other underlying district requirements.
Lot, yard, floor area ratio, sign and off-street parking and loading, and any other requirements are as stipulated for the underlying district."
Part 6:
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