#5 Introduce ordinance to amend provisions in Historic Overlay District (File Ord. #2010-453)
Community Development Department Memorandum
Date: February 22, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance amending Section 15.01.100(B) and various
provisions of Section 18.36.070.2 (Historic Overlay District) of the Code of
General Ordinances of the City of Janesville
(File Ordinance No. 2010-453)
_____________________________________________________________________
The Historic Commission is proposing two ordinance changes that apply to the Historic
Overlay Districts within the City of Janesville. The first change would add removal of
original architectural details which affect the exterior of a structure within the Historic
Overlay District to the list of building permit items requiring Historic Commission review.
The second change amends the current ordinance which provides that the Historic
Commission can delay the issuance of a building permit for up to 6 months if it believes
an exterior building change would be detrimental to the building’s architecture and/or
inconsistent with the Secretary of Interior’s standards of historic preservation. The
Commission would like to amend the ordinance so that its decision to deny an
application for a permit would be final unless the applicant appeals the decision to the
City Council, which may affirm or overturn the Commission’s decision. The draft
ordinance was prepared following discussion and input from property owners within the
established Historic Overlay District that occurred at two separate meetings in late
2009. Currently, the Courthouse Hill Historic District represents the largest regulated
district in the City with 274 contributing buildings. In addition, there are four individually
listed buildings which are in overlay districts. Those include 10 South High (The
Armory), 221 West Milwaukee (Interiors Home Furnishings), 210 Dodge (Kealey
Pharmacy) and 201 East Milwaukee (Carriage Works Building).
The Community Development Department recommends that Ordinance No. 2010-453
be introduced to the City Council and scheduled for Public Hearing on April 26, 2010. It
is further recommended that this matter be referred to the Plan Commission for report
and recommendation.
cc: Eric Levitt
Jacob J Winzenz
ORDINANCE NO. 2010-453
An ordinance amending JGO 15.01.100(B) and various provisions of JGO 18.36.070.2 (H-Historic
Overlay District) to now provide for appeals of Historic Commission decisions directly to the Common
Council, with other changes, with penalties and injunctive relief for violations thereof, together with the
cost of prosecution, all in the manner set forth in JGO 18.80.150 and Chapter 18.28, respectively.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 15.01.100(B) of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
(B) Historic Overlay District. In addition to the permits required for alterations and
changes which affect buildings, any structure included in any Historic Overlay District shall be required to
obtain a building permit for the installation of siding, and windows and removal of original architectural
details representative of an architecture style, a unique design element, fixture or material; however,
there shall be no permit fee required.
SECTION II.
Section 18.36.070.2.g.ii. of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
ii. Denial of Certificate
. If the hHistoric cCommission reviews an application
and finds it inconsistent with the criteria set forth in Section 18.36.070 B.2.g.iii, the Commission may
deny the application and refuse to issue a certificate of appropriateness. If the Commission denies the
application, then within three (3) business days of such decision, written notice of the denial shall be
sent, by regular mail, to the applicant. The Historic Commission may refuse to grant a certificate of
appropriateness for a period not to exceed six months from the date of the original denial. Within thirty
days after the end of the six month period, the historic commission shall issue either a certificate of
appropriateness or a statement of waiver which shall be mailed, by regular mail, to the applicant.
I.
When the applicant for a permit for a proposed construction,
alteration, or demolition of an improvement within an historic district is denied a certificate of
appropriateness, the Historic Commission shall, at the request of the applicant, assist the applicant in
preparing an application for a certificate of appropriateness which shall meet the standards and criteria of
the Historic Commission, which shall comply with the provisions of the historic overlay district plan, if any,
and which shall comply with the provisions of this section. If the applicant chooses to work with the
Historic Commission and no mutually agreeable method is determined and both parties appear to be
deadlocked on the issue, the applicant may appeal the Historic Commission’s decision to the Common
Council, as provided for in Section 18.36.070 B.2.i.
SECTION III.
Section 18.36.070.2.i. of the Code of General Ordinances of the City of Janesville are
hereby amended to read as follows:
i. Appeals.
i
. If the hHistoric cCommission denies a certificate of
appropriateness, the applicant may appeal such denial to the Common Council plan commission.
ii.
An appeal of a denial of the hHistoric cCommission shall be filed in
writing with the Building Official the secretary of the plan commission within thirty days of the mailing of
the notice of denial to the applicant.
iii.
The plan commission may affirm, overrule or modify an historic
commission decision within thirty days of the receipt of the applicant's written appeal. Failure of the plan
commission to act upon an appeal of an historic commission decision within such period of time shall
constitute a denial of such appeal. Any owner whose property is affected by a decision of the Historic
Commission may appeal such decision to the Common Council who, following a public hearing, may
affirm, overrule, or modify an Historic Commission decision within thirty (30) days of the receipt of
ORDINANCE NO. 2010-453
PAGE 2
the applicant’s written appeal. If the plan commission Common Council overrule or modify an hHistoric
cCommission decision, such plan commission Common Council decision shall have an effective date
fifteen (15) days from the date of the plan commission Common Council decision. On such effective
date, the hHistoric cCommission shall issue a statement of waiver.
iv
. Time periods tolled: The six-month time period, following a denial of
a certificate of appropriateness by the historic commission and during which a certificate of appropriateness
or statement of waiver may not be issued, shall be tolled during the pendency of any appeal by the
applicant.
SECTION IV.
Sections 18.36.070.2.j. and k. of the Code of General Ordinances of the City of
Janesville are hereby repealed:
j. Assistance by the Historic Commission
. When the applicant for a
permit for a proposed construction, alteration, or demolition of an improvement within an historic district
is denied a certificate of appropriateness, the historic commission shall, at the request of the applicant,
assist the applicant in preparing an application for a certificate of appropriateness which shall meet the
standards and criteria of the historic commission, which shall comply with the provisions of the historic
overlay district plan, if any, and which shall comply with the provisions of this section. Such assistance
may continue during the six-month denial period. If no certificate of appropriateness has been granted to
the applicant by the end of such period, a statement of waiver shall be issued and the building official
may issue a permit as requested.
k. Failure Of Applicant to Attempt to Comply with Historic Commission
Criteria.
In the event the applicant makes no attempt to discuss with the historic commission
alternatives to save the subject property or to comply with historic commission criteria for construction,
alteration or demolition, the historic commission may appeal to the plan commission for one additional
stay of construction, reconstruction, alteration or demolition. Such historic commission appeal shall be
filed in writing with the secretary of the plan commission prior to the expiration of the original six-month
delay period and shall be acted on by the plan commission within thirty days after receipt of the written
appeal. The plan commission may deny such appeal or grant such appeal for an additional delay period
of not more than six months. The burden of showing that the applicant has not attempted to discuss
alternatives with the historic commission shall be upon the historic commission. Upon expiration of any
additional delay period, the historic commission shall issue a statement of waiver and the building official
may issue the permit as requested.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
___________________________
Wald Klimczyk, City Attorney
Proposed by: Janesville Historic Commission
Prepared by: Community Development Department