#9 Introduce & schedule a public hearing to amend Historic Overlay District provisions (Revised File Ord. #2010-453)
Community Development Department Memorandum
Date: April 26, 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 (Revised File Ordinance No.
2010-453).
_____________________________________________________________________
Ordinance No. 2010-453 was originally introduced and referred to Plan Commission
for review and recommendation on April 5, 2010. The proposed amendment
consisted of two primary changes to the Historic Overlay Districts within the City of
Janesville – the first requiring a property owner to obtain a building permit for any
proposed removal of original architectural features or design elements affecting the
exterior of a structure within the overlay district; the second amending the current
ordinance which allows the Historic Commission to 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. This change would make the Historic
Commission’s decision to deny a permit application final unless the applicant
appeals the decision to the City Council, which could affirm or overturn the
Commission’s decision.
On April 5 the Plan Commission held a public hearing on the original proposed
ordinance. A number of residents from the Courthouse Hill Historic District
appeared to offer comments and suggestions during the public hearing, and roughly
half were in support of the proposed amendment and half opposed. Members of
the Plan Commission also expressed various concerns about the proposed
amendment. Based on those concerns, the Plan Commission instructed staff to
formulate a revised ordinance that would incorporate some of the suggestions
offered by Plan Commission and the public provided during the meeting. The
Commission requested that a revised ordinance be brought back for their review
and comment before being reintroduced by the City Council. Revised Ordinance
No. 2010-453 was presented to the Plan Commission on April 19 and
recommended for Council introduction.
The attached ordinance has been revised in a manner that provides an alternative
appeals process to Historic Commission decisions. If the Historic Commission
denies a building permit and cannot reach consensus with an owner on agreeable
improvements, the property owner can first appeal the decision to the Plan
Commission. Following a public hearing, the Plan Commission can affirm, modify
or overrule the Historic Commission’s decision. If the Plan Commission overrules
the Historic Commission’s decision, it is final. However, if the Plan Commission
modifies or affirms the decision, the owner may appeal the decision to the City
Council who ultimately would make a final decision on an appeal.
The Community Development Department recommends that Revised Ordinance
No. 2010-453 be introduced to the City Council and scheduled for Public Hearing
on June 14, 2010. It is further recommended that this matter be referred to the Plan
Commission for report and recommendation.
cc: Eric Levitt
Jacob J Winzenz
REVISED 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 to the Plan Commission or
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 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 Plan
Commission or Common Council, as provided for in Section 18.36.070 B.2.i.
SECTION III.
Section 18.36.070 B.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 Plan Commission or to the Common
Council as provided in this section.
ii.
An appeal of a denial of the hHistoric cCommission shall be filed in
writing with the secretary of the Plan Commission within thirty days of the mailing of the notice of denial
to the applicant.
REVISED ORDINANCE NO. 2010-453
PAGE 2
iii.
The Plan Commission who, following a public hearing, may affirm,
overrule or modify an Historic Commission decision within thirty days of the receipt of the applicant's
written appeal. If the Plan Commission overrules the Historic Commission, its decision is final. 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. If the Plan Commission overrules or modifies an hHistoric
cCommission decision, such Plan Commission decision shall have an effective date fifteen (15) days
from the date of the Plan Commission decision. On such effective date, the hHistoric cCommission shall
issue a statement of waiver.
iv.
If the Plan Commission affirms, modifies or fails to act upon an
appeal of an Historic Commission’s decision any owner whose property is affected by a decision may
appeal such decision to the Common Council who, following a public hearing, may affirm, overrule, or
modify a decision within thirty (30) days of the receipt of the applicant’s written appeal. If the Common
Council overrules or modifies a decision, such Common Council decision is final and shall have an
effective date fifteen (15) days from the date of the Common Council decision. On such effective date,
the Historic Commission 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.
REVISED ORDINANCE NO. 2010-453
PAGE 3
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