#2 Public hearing and action for provisions of Historic Overlay District ordinances (File Ord. #2010-453)Community Development Department Memorandum
Date: April 26, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Second reading, public hearing and action 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 Plan Commission held a public hearing and reviewed proposed Ordinance No.
2010-453 on April 5, 2010. Following testimony offered by those who spoke during the
public hearing and input provided by the Plan Commission in their review of the
Ordinance, Plan Commission instructed staff to prepare a Revised Ordinance that
would incorporate some of the suggestions offered by the Commission and public
during the meeting. Ordinance No. 2010-453 has been revised as recommended by
Plan Commission; however, the ordinance change is significant enough to require that it
be reintroduced by City Council and set for public hearing. Revised Ordinance No.
2010-453 is listed as separate item under New Business on this agenda.
A public hearing was originally scheduled for review of Ordinance No. 2010-453,
therefore it would be appropriate for the Council to open the public hearing, take any
comment offered, and then close the public hearing. No further action by the Council is
required following the public hearing since a Revised Ordinance is being introduced.
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