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HomeMy WebLinkAboutChapter 30 - Article XIV - Historic Preservation City of Oshkosh Zoning Ordinance Municipal Code ARTICLE XIV: HISTORIC PRESERVATION SECTION 30-447: HISTORIC PRESERVATION (A) Purpose. The purpose of the Historic Preservation Ordinance is to: (1) Protect, enhance, and perpetuate historic landmarks, landmark sites, and historic districts which represent or reflect distinctive and important elements of the City's and State's architectural, archaeological, cultural, social, economic, ethnic, and political history and to develop appropriate settings for such places; (2) Safeguard the City's historic and cultural heritage, as embodied in such historic landmarks, landmark sites, and historic districts by appropriate regulations and through provision of technical assistance to owners of landmark properties; (3) Stabilize and improve property values; (4) Foster civic pride in the beauty and accomplishments of the past; (5) Protect and enhance the City's attractions to residents, tourists, and visitors, and to provide support and stimulus to business and industry; (6) Strengthen the economy of the City; and (7) Promote the use of historic landmarks, landmark sites, and historic districts for the culture, education, and general welfare of the people of and visitors of the City. (S) Definitions. For purposes of this Article, the following terms and phrases mean: (1) ALTERATION: Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 1 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (2) APPLICATION FOR ALTERATION: An application form which is submitted to the Department of Community Development and reviewed by the Landmarks Commission. Application is required for alteration of a landmarked historic structure, site, or district. (3) BUILDING INSPECTOR: The Chief Building Inspector of the City of Oshkosh, or his/her designee. (4) COMMISSION: The Landmarks Commission. See Chapter 2 of the Oshkosh Municipal Code. (5) CONTRIBUTING STRUCTURE: A structure located within the boundaries of a designated district, which adds to the historic associations or architectural qualities for which the district is significant. (6) DEMOLISH: Raze, destroy, dismantle, or in any manner cause significant partial or total destruction of a landmark. (7) ECONOMIC HARDSHIP. In the content of this Ordinance,economic hardship occurs when a property owner is unable to sell a designated landmark solely because of the designation. To demonstrate economic hardship, an owner/agent must provide a statement from a licensed realtor familiar with the Oshkosh market, the subject property and this Ordinance, that the asking price is reasonably proximate to the market value and the property is in reasonable functional condition for its age. The property owner must also provide written statements from at least two potential purchasers stating that they are aware of the requirements imposed by this Ordinance and are unwilling to make a reasonable offer on the property because of the landmark designation. (8) EXTERIOR: All outside portions of a structure or building visible from any right-of-way. (9) HISTORIC DISTRICT: A geographic area possessing a significant concentration, linkage, continuity or design relationship of historically significant sites, buildings, structures, or objects unified by past events or physical development, as designated under paragraph (F) of this Section. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 2 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (10) LANDMARK: An individual property designated as an historic landmark under paragraph (F) of this Section, a contributing structure within an historic district, or a property included as part of a thematic group designated a landmark. (11) IMPROVEMENT: Any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment. (12) IMPROVED PARCEL: A unit of property which includes an improvement and the land embracing the improvement that is treated as a single entity for the purpose of levying real estate taxes. Provided, however, that the term "improved parcel" shall also include any unimproved area of land which is treated as a single entity for such tax purposes. (13) INTERESTED PARTIES: Owner(s) and occupants of property being considered for any action subject to this Article, owners of property adjacent to property being considered for any action subject to this Article and those submitting proposals to initiate action subject to this Article. (14) MAINTENANCE: Upkeep or repair of property that does not remove sound historic building materials or change the property's appearance. (15) NATIONAL REGISTER DISTRICT: A district listed on the National Register of Historic Places. (16) NATIONAL REGISTER PROPERTY: A property listed on the National Register of Historic Places. (17) NEW CONSTRUCTION: A new building, structure, parking area, or other improvement, on the same lot as a landmark as designated under paragraph (F) of this Section or on a site within a district given landmark designation under paragraph (F) of this Section. (18) NON-CONTRIBUTING STRUCTURE: A structure located within the boundaries of a designated historic district that does not add to the historic, cultural or architectural qualities for which the district is significant. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 3 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (19) SITE: The location of a historically or archaeologically significant event, activity, occupation, structure, or object, which can include existing buildings or structures on the site which contribute to the historic value of the property. (20) THEMATIC GROUP: A group of properties linked through a common theme, not necessarily geographical. Examples include buildings designed by a significant architect,resources related by a significant development theme, and rare buildings of the same architectural style or era. (C) Landmarks Commission; Powers and Responsibilities. See Chapter 2 of the Oshkosh Municipal Code. (D) Forms. All petitions, applications and other formal documents shall be submitted on forms supplied by the Department of Community Development. (E) Historic Landmark, Historic District and Thematic Group Designation Criteria. A landmark, district or thematic group designation requires that the property under consideration: (1) Exemplify the cultural, political, economic or social history of the nation, state or community; or (2) Reflect distinctive and important elements of the City's and State's architectural, archaeological, cultural, social, economic, ethnic or political history; or (3) Be identified with historic persons or with important events in national, state or local history; or (4) Embody the distinguishing characteristics of an architectural style, inherently valuable for a study of period, style, method of construction, or of indigenous materials or craftsmanship; or (5) Be representative of the notable work of a master builder, craftsman, designer, or architect whose works represented or influenced their age or the development of the City;or (6) Have yielded, or may be likely to yield, information important to prehistory or history. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 4 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (F) Designation of Landmarks, Districts and Thematic Groups. Landmarks, districts and thematic groups shall be designated in the following manner: (1) Initiation of Process. Any of the following may initiate the designation process by submission of an application to the Secretary of the Commission: (a) Common Council; (b) In the case of an individual property, the Landmarks Commission, after consultation with the affected property owner; (c) In the case of an individual property, the owner; or (d) In the case of a district or thematic group, the owners of fifty-one percent (51%) of the parcels in the proposed district or group with each parcel having one vote. (2) Review and Adoption Procedure (a) Commission. Within sixty(60) days of the receipt of a complete application, unless the owner(s) of the property agree(s) to a longer time period, the Commission shall conduct a public hearing to consider the proposed designation. At least ten (10) days prior to such a hearing, the City shall mail a written notice of the hearing and nature of the application to interested parties. Notice of such hearing shall also be posted in three (3) public places and provided to the newspaper at least three (3)working days prior to the hearing. The Commission shall then conduct the public hearing and, in addition to the notified persons, may hear expert witnesses. The Commission may conduct an independent investigation into the proposed designation. Within ten (10) days after the close of the public hearing, the Commission shall act on the designation of the property under consideration. This recommendation shall be forwarded to the Plan Commission within thirty (30) days of the decision. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 5 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (b) City Plan Commission. The Plan Commission shall review the proposed designation and make a recommendation to the Common Council within thirty (30) days of receipt. Prior to reviewing the proposal, notices of this action shall be provided according to the normal procedures of the Plan Commission for this type of action. (c) Common Council. The Council, within thirty (30) days of receipt of the recommendations from the Landmarks Commission and Plan Commission may designate as a landmark all or part of the affected properties. Designations shall be in Ordinance form. (d) Reapplication. When an application for landmark status has been denied, no new application for the same purpose shall be filed within one (1) year of the date of that denial unless the Commission grants permission upon a showing of good cause. (G) Rescission of Landmark Designation (1) Initiation of Process. The Commission, Common Council, or any party who is the owner of record of an individually designated landmark, or the legal representative of the owner of record of an individually designated landmark, may file a petition for rescission of designation of that individually designated property. In the case of a landmarked historic district or thematic group, a simple majority of the property owners may petition for rescission of the designation of landmark designation of the district or thematic group. A petition for rescission may only be granted if any of the following can be demonstrated: (a) That the landmark designation has caused economic hardship; or (b) The individual property, district or thematic group has lost the characteristics for which it was designated a landmark. (2) Action on Rescission (a) Commission. Within one thirty (30) days of receipt of a complete petition for rescission, unless the owner of the property agrees to a longer time period, the Commission shall conduct a public hearing to consider the --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code proposed landmark rescission. At least ten (10) days prior to such a hearing, the City shall mail a written notice of the hearing and nature of the petition to interested parties. Notice of such hearing shall also be provided to the newspaper and posted in three (3) public places at least three (3) working days prior to the hearing. The Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses. The Commission may conduct an independent investigation into the proposed rescission. Within ten (10) days after the close of the public hearing, the Commission shall decide to recommend denial or approval of the application. The recommendation shall be forwarded to the Plan Commission for action within thirty (30) days of the decision. (b) City Plan Commission. The Plan Commission shall review the petition for rescission and make a recommendation to the Common Council within thirty (30) days of receipt. (c) Common Council. The Council, upon receipt of the recommendations from the Commission and Plan Commission, shall either deny the petition for rescission or rescind the designation for the property. Rescissions shall be in ordinance form. (3) Reapplication. When an application for rescission of landmark status has been denied by the Common Council,no new application for the same purpose shall be filed within one (1) year of the date of that denial unless the Commission grants permission upon a showing of good cause. (4) Redesignation. Following any such rescission, the property may not be redesignated for a period of not less than five (5) years following the date of rescission, unless the owner consents to the redesignation. (H) Guidelines for Review and Action on Alterations to Landmarked Properties (1) Purpose. The purpose of these guidelines is preservation of distinguishing exterior original qualities or character of a designated building and associated accessory structures that contribute to the property. (2) Applicability. These guidelines apply to alterations of the exterior of existing structures and new construction. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 7 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (3) Exclusions. These guidelines do not apply to construction or alterations that are not visible from public rights-of-way, paint, fences, landscaping and communications equipment. These guidelines do not apply to existing elements or materials for which no application for alteration had previously been submitted or to existing elements or materials which are unaffected by work proposed in an application for alteration. (4) Alteration Guidelines for Existing Structures (a) Materials. Original materials shall be preserved and retained whenever possible. Use of newer material is permitted as long as the newer material used has the same or very similar visual characteristics, including dimension, texture and scale as the original material. Application of new ornamentation including trim, brackets, shutters, etc., for which there is no documentation to support the previous presence of these elements will not be permitted. Examples of acceptable material use include: vinyl or steel siding if of the same dimension as the original clapboards and applied only over surfaces originally covered by clapboards. Examples of unacceptable material use include:vinyl or steel siding applied over surfaces not originally covered by clapboards; replacement or covering of original surface material with a material of significantly different texture and appearance (e.g. application of siding over a masonry wall or application of vinyl or fiberglass siding having the appearance of shakes over a wall surface not originally covered by shakes); application of aluminum or vinyl trim over original trim, soffit and fascia elements. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 8 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (b) Roofs. The original roof shape shall be retained. Architectural features that give the roof its character, including dormers and dormer windows, cupolas, cornices, brackets, chimneys, and cresting shall be retained. Additional architectural features not originally present shall not be added. (c) Soffits, Fascia, Ornamental Brackets and Trim. Soffits, fascia, ornamental brackets and trim shall be retained and repaired. Where these elements are missing or substantially deteriorated, they shall be replaced with elements of the same design, dimension and material. (d)Windows. All original window openings shall be retained with the same dimension, and the same or very similar frames, sash type, lintels, pediments and hardware. If an original window opening has been substantially altered and/or is missing and no documentation exists regarding original design, dimension and placement, the dimension, placement and style are to be consistent with the overall architectural style of the structure. (e) Doors and Door Openings. Original door openings shall be retained with the same dimension and the same or very similar frame, door style and other elements such as sidelights. If the original door opening has been substantially altered and/or original door is missing and if no documentation exists regarding original design, dimension and placement, the dimension, placement and style of the door and door opening are to be consistent with the overall architectural style of the structure. (f) Entrances, Porches and Exterior Steps. Replacement porches, stoops and associated entrance structures shall be of the same area, height and placement as the original.Where these elements have been altered from the original and substantial work is proposed, reconstruction to the original height, placement and design is strongly encouraged. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 9 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ Where possible under existing building codes, steps and railings shall match original in placement, design, materials and finish. Original material and architectural features such as guardrails,handrails,balusters, columns, brackets, and roof shape shall be retained. (5) Guidelines For New Construction (a) Additions to Existing Historic Structures. Additions to existing structures shall be constructed in a manner which is compatible with and does not detract from the original design of the building. Where possible, additions should not affect the front fagade and should be located as far back on side facades as possible. The design of additions should be such that the addition is compatible with the original design of the structure in scale and orientation and also be distinguishable from the original structure. (b) Construction of New Freestanding Buildings and Structures Within Designated Districts and on Parcels Containing Individually Designated Properties and Members of Landmarked Thematic Groups. Design of new freestanding buildings shall be sympathetic with surrounding historic structures in scale, orientation, and placement on lot. (c) Adoption of Additional Guidelines. Additional guidelines for properties within designated districts may be enacted on a district by district basis. Additional guidelines may only be enacted by a petition signed by owners of fifty-one percent (51%) of the parcels in the district or thematic group with each parcel having one vote. The amendment process shall include at least one (1) public hearing with notices provided as in (F)(2) above. Following the public hearing, the Commission may recommend changes to the Plan Commission and Common Council as an amendment to the Ordinance. (I) Non-Landmark Historic Properties - Interim Control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated landmark structure, landmark site, or any contributing property or structure within a nominated historic district or thematic group from the date of the meeting of the Commission at which a nomination form is first presented until the final disposition of the nomination by the Commission or Common Council unless such alteration, removal or demolition is authorized by the Chief Building Inspector --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 10 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code as necessary for public health, welfare or safety. In no case shall the delay exceed sixty (60) days from the date of application for the building permit. (J) Conditions Dangerous to Life, Health or Property. Nothing contained in this Section shall prohibit necessary construction, reconstruction, alteration or demolition of any improvement on a landmark or on a contributing structure within a district or thematic group pursuant to an order of any governmental agency or pursuant to any court judgment, for the purpose of remedying conditions determined to be dangerous to life, health, or property. In such cases, no approval from the Commission shall be required. (K) Historic Property Alteration and New Construction. No person may alter any improvement or engage in new construction on the site of a landmark property or on the site of a contributing structure within an historic district or thematic group, or on a vacant lot within an historic district, unless an application for alteration has been approved under this Section, or the delay term established by the Commission has expired and any required City permits have been obtained. If the proposed development, alteration,or demolition constitutes a material change in the exterior appearance of a landmark (with the exception of exterior painting), or includes construction of a new structure on an improved or vacant lot within an historic district, an approved application for alteration is required, even if the proposed work does not require a building or demolition permit. Failure to file an application and receive approval prior to effecting such a material change, or failure to wait until the delay period has expired to effect such change shall constitute a violation of this Ordinance. (1) Review Process (a) Review Criteria. Decisions by the Commission and designated staff on applications for alterations shall be made in conformance with criteria contained in paragraph (H) above. (b) Pre-Application Conference. Prior to submission of an application for alteration, the applicant may confer with the Secretary of the Commission on the requirements of this Article. The Secretary of the Commission shall advise the applicant of the review of guidelines applicable to the property and approaches to the project that appear to conform to the guidelines. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 11 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (c) Application Submittal. Any proposed alterations covered by this ordinance shall require an application for alteration to be submitted by the owner, regardless of whether or not the proposed alteration requires a building permit. The application shall be submitted by the applicant in a manner prescribed by the Director of Community Development. (d) Drawings and Specifications. The applicant shall supply complete and clear drawings and specifications acceptable to the Commission. For minor projects, a brief description of the proposal or photographs or sketches may be sufficient. In all cases, the applicant should provide enough information to enable the Commission to understand the relationship of the proposed work to adjacent buildings. (e) Unless the applicant agrees to a longer time period, the Secretary of the Commission shall approve, approve with conditions, or refer the application to the Commission for action within five (5) business days following receipt of a complete application. Within five (5) days of the decision, the City shall mail a notice of the Secretary's decisions to the applicant. The decision will be effective on the day the application is acted upon. Before proceeding with the proposed alteration, the property owner shall obtain any necessary permits. (2) Procedure for Alterations Consistent with Ordinance Guidelines. If, upon review of an application for alteration, the Secretary of the Commission determines the proposed alterations are consistent with the guidelines contained in this Ordinance,the Secretary shall issue a certificate of consistency to the owner. Such certificate shall be issued within five (5) business days of receipt of a complete application. (3) Procedure for Alterations Not Consistent With Guidelines (a) Within thirty(30) calendar days of submittal of an application for alteration that is not deemed consistent with guidelines by the Commission Secretary, the Commission shall hold a public hearing at which the applicant shall present information on the proposed alterations. At least ten(10)days prior to such meeting, the City shall mail a written notice of the meeting to the applicant and adjacent property owners and at least three (3) days prior to the meeting shall provide a notice to the newspaper and post a notice --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 12 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- in three (3) public places. The notice shall contain information on the proposed alterations. The Commission shall then conduct the public hearing and in addition to the notified persons, may hear expert witnesses. The Commission may conduct an independent investigation into the methods and materials proposed to be used in the alteration and any alternatives that may be appropriate. The Commission shall cooperate and work with the applicant in an attempt to obtain an approval of the proposed work within applicable guidelines. The Commission shall provide technical information regarding methods of construction, materials and financial assistance available to assist the applicant to undertake the proposed work in a manner that does not distract from the historic character of the property. Commission members and staff shall be available for on-site visits as part of providing technical assistance. In reviewing applications, the Commission shall consider practical issues of cost,functional utility and impact on the appearance of the property from the street, along with the impact of the proposed alteration on the historic appearance of the property. (b) Unless the applicant and Commission agree to a longer time period, the Commission shall decide to approve, approve with conditions, or delay approval of alterations not consistent with guidelines contained in this Article within fifteen (15) days of the close of the hearing and the record. The Commission may delay action on the application for no more than sixty (60) days from the date the application was received by the Secretary. The decision shall be in writing and contain findings and conclusions based on guidelines contained in this Article, and any additional guidelines adopted for a district pursuant to this Article. The Commission's action is final, with the exception of the circumstances contained in (3) below. Any resolution to approve, approve with conditions or delay must be agreed to by a majority of the members present at the hearing. A tie vote shall result in approval of the application. Within five (5) days of the decision, notice of the decision shall be mailed to the applicant, and persons who requested notification. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 13 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (c) If the Commission elects to delay an application for alteration and the owner claims that such delay constitutes denial of all use of the property, or that a procedural error was made by the Commission, the owner may appeal such decision to the Common Council. The Council may authorize the application for alteration by a majority vote of all the members of the Council after a public hearing held after publication of a Class 2 notice and prior notice in writing to the applicant, adjacent property owners and Commission mailed seven(7) days prior to the hearing. If the Council finds that the Commission did not make a procedural error in making it's decision, or that the property owner is not denied all use of the property, the Council shall sustain the Commission's decision to delay the application. (4) Exemption from Review. Any item of work included in a State or Federal Historic Preservation Tax Credit project will be exempt from review by the Commission. To qualify for this exemption, the property owner must submit to the Commission a copy of the tax credit application listing all items of work to be undertaken in the project and the letter approving the tax credit project from the State Historical Society. This information must be submitted to the Secretary of the Commission prior to the start of work. (5) Permit Issuance. Permits for the proposed alterations may be issued by the Building Inspector as follows: (a) Upon issuance of a certificate of consistency with the guidelines by the Secretary of the Commission or Commission approval of the application as described in (K)(1), (2), (3) and (4) above. (b) By direction of the Common Council. (c) At the expiration of the established delay period. (L) Alteration Approval Expiration; Refiling (1) Expiration of Alteration Approval. An alteration approval shall terminate if construction has not begun within six (6) months after the effective date of approval, or construction is not completed within twenty-four (24) months of the date work started or within sixty (60) months for phased projects. The --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 14 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code Director of Community Development or the Commission may extend the commencement or completion time if an extension request is filed prior to the termination of the applicable time period. (2) Refiling. If an approval is terminated due to expiration of the time period, a new application must be submitted and approved using the procedures described in paragraph (11) above prior to obtaining a building permit for the alteration. (M) Regulation of Demolition. The Building Inspector may grant a permit to demolish all or part of a landmark or improvement only in the following manner: (1) Permit (a) An applicant for a permit to demolish such property shall file the application with the Building Inspector. The Building Inspector shall file a copy of the application with the Commission within seven(7) days. Within thirty (30) days of submittal of an application for demolition, the Commission shall hold a public hearing at which the applicant shall present information on the proposed demolition. At least ten (10) working days prior to such meeting, the City shall mail a written notice of the meeting to the applicant and adjacent property owners and at least three (3) days prior to the meeting shall post the notice in three (3) public places and provide a copy to the newspaper. The notice shall contain information on the proposed demolition. The Commission shall then conduct the public hearing and in addition to the notified persons, may hear expert witnesses. The Commission may conduct an independent investigation into the reasons given for the proposed demolition. (b) Within fifteen (15) days of the close of the hearing and the recording, the Commission shall either authorize the Building Inspector to issue the demolition permit immediately, or delay the issuance of the permit for a period not to exceed sixty (60) days from the date of receiving the request from the Inspector. This decision shall be in writing and contain findings and conclusions based on criteria adopted by the Commission. The --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 15 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- Commission's action is final with the exception of the circumstances listed in(M)(2)below. A decision must be agreed to by a majority of the members present at the hearing. A tie vote shall result in approval of the demolition permit. Within five (5) days of the decision, notice of the decision shall be mailed to the applicant, and those requesting notification. (c) If the Commission delays the issuance of a demolition permit, the time during the delay shall be used by the Commission and the applicant to undertake serious and continuing discussions for the purpose of finding a method to save such property. These discussions shall include provision of information to the owner regarding viable alternatives to demolition, assistance in locating financing and/or a purchaser willing to preserve the structure. (d) At the end of this delay period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or non-profit organization to preserve the subject property have been secured or if eminent domain proceedings are not pending, the Building Inspector shall issue the permit to demolish the subject property after notification of the Commission. (2) Appeal. If the Commission acts to delay demolition, and the property owner claims that the delay constitutes a denial of all use of the property or that the Commission made a procedural error in its decision making, the property owner may appeal such decision to the Common Council, which may authorize the issuance of a demolition permit by the Building Inspector by a majority vote of all the members of the Common Council, after a public hearing held after publication of a Class 2 notice and prior notice in writing to the applicant and Commission mailed seven (7) days prior to the hearing. If the Council finds that the property owner is not denied all use of the property or that the Commission did not make a procedural error in decision making, then the delay period shall continue as provided in (M)(1)(b) above. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 16 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (N) Conformance with Regulations (1) Every owner of any designated landmark shall maintain it, or cause or permit it to be maintained, in a condition consistent with the provisions of this Article. (2) The Secretary of the Commission shall enforce this Article. Enforcement duties shall include periodic inspection of designated landmarks. These inspections may include physical entry upon the property and improvement, with permission of the owner, to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. The Secretary of the Commission or designee shall mail the property owners a notice between January 1st and April 30th of every even numbered calendar year, notifying the property owner that the property is subject to the ordinance and explain the procedures that should be followed before making improvements. (0) Penalty (1) Any person who demolishes, alters, or constructs a building or structure in violation of this Ordinance shall be required to restore the building or structure and its site to its appearance prior to the violation within such time frame as set by the Commission. (2) Any person who shall violate any of the provisions of this Article or of any section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than Seventy-five Dollars ($75.00)nor more than Five Hundred Dollars ($500.00) together with the costs of prosecution, and in default of payment thereof,by imprisonment in the County Jail for a period not to exceed sixty(60) days. Each violation shall constitute a separate offense. Each day of violation shall likewise constitute a separate offense. (3) The Director of Community Development, or his/her designee, may institute any appropriate action or proceeding in the name of the City of Oshkosh to enjoin, correct, or abate any violation of this Article. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 17 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (P) Judicial Review (1) The City elects not to be bound by the provisions of Chapter 68, of the Wisconsin Statutes, in regard to decision making under this Article. (2) Any party to a proceeding in a final determination made by the Common Council may seek judicial review by certiorari within thirty (30) days of receipt of the final determination. The court shall not take any further evidence and shall conduct its review exclusively on the record returned to the court. The court may affirm or reverse the final determination, or remand to the Common Council for further proceedings consistent with the court's decision. (3) The record of the proceedings shall be transcribed at the expense of the party seeking review. Original papers are not required, but it shall be sufficient to return certified or sworn copies thereof. A transcript of any recorded proceedings shall be supplied to anyone requesting the same at the requestor's expense. By stipulation, the court may order a synopsis of the proceedings in lieu of a transcript. The court may otherwise limit the requirement for a transcript. (4) The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the Common Council and on due cause shown, grant a restraining order. (5) Costs shall not be allowed against the Common Council unless it shall appear to the court that the Council acted with gross negligence or in bad faith, or with malice, in making the decision appealed from. (6) The decision of the court shall be final and, except on motion for reconsideration, shall not be further appealable. (Q) Severability. If any provision of this Article or its application to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article XIV-Page 18 Municipal Codes