Architectural Commission & Historic Preservation Commission

City of Oconomowoc ARCHITECTURAL COMMISSION MEETING Wednesday, October 6, 2021 @ 4:30 PM @ City Hall, Conference Room #3 NOTICE: If a person with a disability requires the meeting be accessible or materials at the meeting be in an accessible format, call Diane Coenen, City Clerk, at least 48 hours prior to the meeting at 262-569-2186, or TDD at 262-569-3272 to request adequate accommodations. AGENDA: 1. Roll Call and Confirmation of appropriate meeting notification. 2. Approve Minutes of September 8, 2021. 3. SteelTank Brewing Company – Consider/approve a Special Exception to update their ground sign and Electronic Message Center at 1225 Robruck Drive. 4. Thirst Church – Consider/approve a Special Exception to update their ground sign and Electronic Message Center at 1260 Brown Street. 5. Historic Preservation Ordinance – Review/recommendation to create Chapter 29 in City Municipal Code. 6. Reports and comments from the City Planning Department. 7. Reports and comments from the Architectural Commissioners. 8. Adjourn. Members of other City governmental bodies (boards, commission, committees, council, etc.) may attend the above noticed meeting of the Architectural Commission in order to gather information. The only action to be taken at the above noticed meeting will be action by the Architectural Commission. Architectural Commissioners should notify the City Clerk's Office at 262-569-3236 if they are unable to attend.  City of Oconomowoc Architectural Commission Meeting Minutes September 8, 2021 Chairman Flint called the meeting to order at 4:30 pm. Members Present: Schrang, Johnson, Flint, Krogstad and Schultz, Staff Present: Weber, Gallo, Dehnert, Duffy and Magnus 2. Approve the August 4, 2021 Minutes: Motion by Schrang to approve the September 8, 2021 minutes; second by Krogstad. Motion carried 4-0-1 (Johnson abstained). 3. Moboevo – Consider/approve a Facade Update at 116 - 118 N. Main Street: Weber explained this applicant is requesting approval to paint the first floor of the front façade of his building and replace the concrete stairs as part of Phase I; add garage doors on the first floor, paint the second floor façade and add a LED light strip along the trim above the garage doors and along the roofline as part of Phase II; and add a cornice to the roofline and a balcony on the second floor as part of Phase III. Weber requested the members be concise with their motion due to unknown timelines of the different phases noted in the application. She is concerned the updated façade will look like a copy of another building in the downtown and not accent the historic nature of the building. The applicant, Mark Radler explained he wants to paint the first floor now and get approval for the bronze garage doors because it is expected to take a while to get them. He initially chose a light gray paint color but found 2 recently painted (unapproved) buildings in the block with the same color so he chose a lighter color instead. He intends to power wash the second floor brick and if it is in good condition, he will paint it the same color as the first floor. Members liked the paint color and garage doors; said the brick looks weathered; the choice of the cornice looks heavy; suggested a different color for the base and do not paint the brick on the second floor; painting brick requires a lot of maintenance; do not paint the brick if it has been acid washed and restored; like the idea of the arched windows; the color palette (brown) of the current building looks good; questioned 2 other buildings in the downtown being painted without architectural approval; suggested accenting the vertical pillars in a different color; and approving only the first floor and come back with plans for the second floor. Weber added the applicant will need to come back with their plans for signage. Motion by Johnson to approve the façade update to allow the applicant to paint the first floor only Sherwin Williams #SW9543 (Gypsum); paint all trim SW9565 (Forged Steel); order bronze garage doors; and install an LED lighting strip above the first floor and along the roof trim; second by Schultz. Motion carried 4 – 1 (Schrang voted no). 4. The Etcetera - Consider/approve a Façade Update at 118 E. Wisconsin Avenue: Weber explained this applicant is requesting approval of a façade update to the south and west elevations of his building to include trowel finishing and painting the building; remove existing awnings and install two half garage doors on the west elevation; and install a new black awning over the front entrance. Weber noted the building has a curved edge leading to the side elevation and suggested the design of the building shows some art deco features, so a border or different color combination could enhance the building and make it stand out. Currently the applicant is only requesting approval of the paint colors and black awning. The applicant, Jason Dvorak explained the front (south) elevation will be painted a taupe (Willow Creek); the door and trim painted black; and the awning will be replaced with new black fabric. The west elevation will be painted sage, and the door and trim painted white. The 3 windows by the kitchen will be blocked out but he is also waiting to hear if a public bathroom will be built in this area. The front paint color will end on the corner. Members questioned the location on the corner where the paint from the front elevation will stop; had concerns over a blank wall facing a public park and suggested a fun or historic mural; don’t agree the west elevation should be painted one color; the proposed half garage doors are good; and suggested awnings over the windows on the west elevation. Dvorak didn’t agree with a historic or fun mural and had considered green striped awnings on the west elevation but noted they would get ruined by nearby S:Clerk\Committees-Commissions\Architectural\2021\ACMin 9-8-21 trees. Motion by Schultz to approve the paint colors and black awning for the south (front) elevation only; the front color should end at the wrap around corner; and approve removal of the shingle awnings over the windows and installation of two new half garage doors on the west elevation; second by Schrang. Motion carried 5 – 0. Members requested the applicant come back with a design and colors in partnership with the City. 5. Thirst Church - Consider/approve a Master Sign Plan at 1260 Brown Street: Weber explained a master sign plan for the entire development was approved 2 years ago which designated that the 2 major tenants (Piggly Wiggly and the former Tobin’s) have their own master sign plans. The applicant provided a style guide for the signage within the sign plan which reflects clean simple lines and compliments the architectural style of the building. Weber has no concerns with the proposed building signage which also includes wayfinding signage on the south entrance. She noted the logo on the wayfinding signage is neat but the wording could be more legible. The applicant also plans to update the monument sign but is not ready with it due an issue with the electronic message center. Weber recommends approval of the master sign plan with conditions listed in the background. The members suggested an additional wall sign be placed on the east side of the drive thru overhang. Brian Harrigan, along with Brad Hubbard of Innovative Signs, explained the smaller wayfinding sign is existing and agreed with placement of a sign on the drive thru overhang but had concerns a tree located nearby could block it. Gallo suggested the applicant could come back with this additional sign when they come back for approval of the monument sign. Motion by Krogstad to approve a master sign plan for Thirst Church at 1260 Brown Street as presented and to come back with additional signage for the drive thru overhang and review of the monument sign; second by Johnson. Motion carried 5-0. Due to a time conflict, Gallo requested Item 7 be moved ahead. 7. Historic Preservation Ordinance - Review/recommendation to create Chapter 29 in the City Municipal Code: Gallo explained Wisconsin Statutes requires communities with homes included on the National Registry of Historic Places to have an historic preservation ordinance. The City currently has 6 structures on the Registry which makes the City in noncompliance with State Statutes. An ordinance has been drafted which allows individuals to petition for an historic designation; requires any changes to a designated historic structure to be reviewed and approved by the City before making any changes; creates a Historic Preservation Commission; and allows the commission to nominate a property for historic designation. Gallo suggested that current members of the Architectural Commission would be the members of the historic preservation commission because they know City history and architecture. This commission would be responsible for reviewing requests and making recommendations to the Council. Gallo reviewed the ordinance and explained the powers and duties of the commission. He noted the ordinance has been scaled back and includes changes to 29.06 A 1. on the amount of time for notifying individuals of a public hearing to be 15 days instead of 10; 29.04 B.3. for the number of days for the commission to make a recommendation to be 60 instead of 45; and 29.05 A.2. and B.2 b. requiring approvals of parcels of a proposed historical district to be 100% of property owners instead of 80%. Gallo hopes the members will accept being part of this commission and doesn’t believe there will be a lot of requests overall. Members questioned the process for designating a historic district and what day/time meetings would be held. Gallo suggested a meeting could be held directly after an architectural commission meeting. Members recommended to act as members of the reviewing entity, Historic Preservation Commission, and postpone action on the ordinance creating Chapter 29 in the Municipal Code until next month to allow more time to review it. 6. Our Savior’s Lutheran Church - Consider/approve an Updated Electronic Message Center (EMC) at 145 E. Lisbon Road: Weber explained this applicant is requesting approval of a new Electronic Messaging Center (EMC). They currently have an EMC but would like to update it to a full color display that is dimmable based on the time of day. Cabinet width would match the existing, however the height of the EMC would increase by 5.44” and cover up more of the base. Weber supports this increase since the rest of the sign is staying the same but did note this EMC is in a highly visible area with adjacent residential properties. Any changes to EMC S:Clerk\Committees-Commissions\Architectural\2021\ACMin 9-8-21 signs with nearby residential areas usually cause complaints due to their brightness. The applicant is aware of these potential issues and is willing to adjust the brightness as needed. Brad Hubbard from Innovative Signs explained with the new technology of EMCs, they are unable to get the same cabinet size as the existing and felt this would be a nice compromise for the location. The applicant wants to share their service information and events on a new EMC similar to what they do now. There will be no flashing or animations. Motion by Flint to approve an Updated Electronic Message Center for Our Savior’s Lutheran Church, 145 E. Lisbon Road as submitted; second by Schrang. Motion carried 5-0. 8. Reports and comments from the City Planner: None. 9. Reports and comments from the Architectural Commissioners: None. 10. Adjourn: Motion by Krogstad to adjourn at 6:18 pm; second by Johnson. Motion carried 5 - 0. Chris Dehnert, Deputy City Clerk S:Clerk\Committees-Commissions\Architectural\2021\ACMin 9-8-21  Department of City Planning Kristi Weber | 262.569.2173 oconomowoc-wi.gov/planning Architectural Commission Background October 6th 2021 : 4:30 pm at City Hall in Conference Room #3 Item #3 – SteelTank Brewing; Special Exception – Ground Sign & EMC The Applicant is requesting approval of a special exception to update their ground sign and electronic messaging center for a SteelTank Brewing Company located at 1225 Robruck Drive. Background This property has had several revolving tenants over the years, most of them sighting the location and the distance off WIS 67 hindered their business success. SteelTank was one of the latest tenants that wanted to update the building but seeking approval from the property owner had become difficult. Then they bought the property. Ground Sign The Applicant has already removed the previous sign set up, but has kept the base. The Applicant would like to use the existing monument base and then add an EMC, and their sign on top. The base of the ground sign matches the building design but has an established significant height. The overall proposed sign height is 111” (9.25’). The EMC is 16 SF and 17.4% of the overall sign percentage (25% max. allowed per code). The Applicant has provided rationale for requesting the special exception. Sign Design Planning Staff feels the design of the sign would look out of proportion due to the size of the existing monument base if the EMC and business sign were smaller in scale. Staff supports the use of the existing base, and the sign design. Landscaping The Applicant is requesting approval of the proposed landscaping at the base; however, they have already installed it for review and approval. Planning Staff supports the installed landscaping. Recommendation: Approve the special exception to update their ground sign and EMC for SteelTank Brewing Company located at 1225 Robruck Drive. Item #4 – Thirst Church; Special Exception – Ground Sign & EMC The Applicant is requesting approval of a special exception to update their ground sign and Electronic Messaging Center (EMC) for Thirst Church located at 1260 Brown Street. The Applicant received previous approval at the September 8th 2021 Architectural Commission for their Master Sign Plan; three (3) new wall signs and a wayfinding directional sign. The Applicant has worked with Planning Staff to figure out which design option would work best for their specific location and desired logos. Architectural Commission Meeting Background October 6th, 2021 – Page 2 Special Exception The Applicant is requesting a design that utilizes the existing monument base from the previous tenant/property owner. The existing EMC does not work and the Applicant would like the proposed EMC in the same location, maximizing the height and width of its location, and then placing the tenant’s signs above. In return, the sign is approximately ~125” (10.41’). The Applicant has submitted rationale for their special exception. • Overall Size: ~125” (10.41’)h x 98” (8.1’)w • EMC Size: 31” (2.58’)h x 98” (8.1’)w = 22 SF Planning Staff supports the overall design of the sign with the use of the existing base. Note: St. Matthew Church and School are located right up the road along Brown Street. Their monument sign is also 10.41’. It was approved along with their Master Sign Plan from the Architectural Commission on August 8th 2018. Tree The Applicant has requested the tree closest to the monument sign to be removed. Planning Staff has responded with the following: “The City received the request to remove an existing tree that is currently growing near the monument sign for Thirst Church along Brown Street. City staff conducted a site visit to view the tree on September 14, 2021. It was determined the tree is a quality tree species and is very healthy. We are discouraging the removal of this tree. I am assuming this tree was included in the originally approved overall landscaping plan for this site. Removal of these previously approved trees is generally not allowed unless the tree is diseased or dying. A better solution is to move the sign base to a new location that would be non-obstructed view from Brown Street. Since the sign is going to be almost completely reconstructed, now would be the ideal time to relocate the base. If you are determined to keep the sign in the current location and still want to remove the tree, there would be City requirements. Per Section 17.509(2) Protection of Existing Vegetation, of the City Zoning Ordinance, this tree would need to be replaced with 4 (four) 3” caliper trees. A landscaping plan prepared by a landscape architect would need to show where, the size and the species type of replacement landscaping. We would want the four new trees to be located in the same general area. Due to the location near the large parking area, these trees would need to be a salt tolerant species. The costs of removing the existing tree, hiring a landscape architect, and installing 4 (four) 3” replacement trees, may be the same or more than moving the sign base. “ To date, no response has been made to Planning Staff on which direction the Applicant desires to do.  Architectural Commission Meeting Background October 6th, 2021 – Page 3 Recommendation: Approve the special exception to update their ground sign and EMC for Thirst Church located at 1260 Brown Street, with the following considerations: • Tree: Applicant to provide additional details about the status of the existing tree. Item #5 – Historic Preservation Ordinance; Review / Recommend The Planning Department would like the Architectural Commission’s review and recommendation for the creation of Chapter 29 in the City Municipal Code. Background At the previous Architectural Commission meeting, September 8th 2021, the Architectural Commission voted to recommend the Architectural Commission act as the Historic Preservation Commission. However, the Architectural Commission recommended postponed recommendation on the Ordinance until the next meeting. Please see attached memo from Zoning Administrator, Jason Gallo. STEELTANK BREWING COMPANY – 1225 Robruck Drive, Oconomowoc, WI 52066 263 ft. Monument Sign 100 ft.  SteelTank Brewing Co. / Monument Sign INSTALL PICKUP SHIP REMOVE EXISTING GRAPHICS YES NO WORK ORDER # 25880 QTY: 1 - Single Sided Illuminated Monument Sign Cabinet Cabinet Overall Size: 74”H x 120”W x 24”D. Sign overall height w/ existing masonry base: 111”H Top Round: 36”H x 120”W x 24”D. Backlit Cabinet w/ Lexan Face To be placed on existing masonry base. 1/2“ Black trimcap & 24”D return. 120” 24” Face is routed 3m Aluminum Dibond Round, 35.5”H x 96”W, affixed to white backlit lexan face of round. Overall Sign sq / ft : 61.66’ White letters are lexan showing through and translucent vinyl overlay (3M 3630 Trans. Kumquat & Orange). Black is opaque vinyl. Base cabinet is 48”H x 108”W x 18”D. Painted Black. 36” Single Cirrus 9mm LED Readerboard. 24”H x 96”W. 18” 3”H Address Letters. Cut white vinyl. 2”H x 104”W x 14”D Black Reveal at base. 74” 24”H x 96”W Night View 48” Sign is located at: 1225 Robruck Dr. Oconomowoc, WI 53066 EXISTING 37” MASONRY Scale: 3/4” = 1’ BASE 0 6” 1’ 2’ North East Elevation, Looking South West 104” 14” 2021 UNIT # N/A MATERIALS USED USDOT # N/A 3M 3630 Kumquat Trans. DRAWN BY: Bobby Boelter 3M 3630 Orange Trans. DATE: XXX I have checked the DETAILS of this proof and approve the design. Signs & Lines by Stretch Gloss Black FILE NAME: XXX is not responsible for typographical errors. My signature authorizes Signs & Lines by Stretch to proceed with production of this order. I understand that I will be charged for product and labor, even if I cancel the order after this date. Gloss White APPROVE - SIGNATURE DATE SteelTank Brewing – 1225 Robruck Dr., Oconomowoc, WI Job #26190 Capped field stone sign base Purple Heritage 120”W x 74”H S/F gravel landscaping stone Monument sign with LED message center; 111” OAH (5) evenly spaced along the front of the existing field stone sign base Purple Heritage – gravel landscaping stone Rhododendrum, Purple Gem  Updated August 10, 2021 CITY OF OCONOMOWOC, WISCONSIN CHAPTER 29, HISTORIC PRESERVATION TABLE OF CONTENTS SECTION TITLE PAGE 29.01 PURPOSE AND INTENT.............................................................................................1 29.02 DEFINITIONS............................................................................................................1 29.03 HISTORIC PRESERVATION COMMISSION COMPOSITION ........................................2 29.04 POWERS AND DUTIES..............................................................................................2 29.05 NOMINATIONS FOR DESIGNATION OF LOCAL HISTORIC .........................................4 29.06 PROCEDURES ..........................................................................................................5 29.07 INTERIM CONTROL .................................................................................................7 29.08 SEPARABILITY ......................................................................................................... 7 29.09 LOCAL HISTORIC DESIGNATION...............................................................................7 29.50 PENALTIES FOR VIOLATIONS ...................................................................................7 CHAPTER 29 HISTORIC PRESERVATION CHAPTER 29 HISTORIC PRESERVATION 29.01 PURPOSE AND INTENT. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological, or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people and the community. The purpose of this section is to: A. Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts which represent or reflect elements of the City of Oconomowoc’s cultural, social, economic, political, and architectural history. B. Safeguard the City of Oconomowoc’s historic, prehistoric, and cultural heritage, as embodied and reflected in such historic structures, sites, and districts. C. Stabilize and improve property values and enhance the visual and aesthetic character of the City of Oconomowoc. D. Protect and enhance the City of Oconomowoc’s attractions to residents, tourists, and visitors, and serve as a support and stimulus to business and industry. 29.02 DEFINITIONS. The definitions shall be as follows: A. Commission means the Historic Preservation Commission created under this section. B. Improvement means any building, structure, place, work of art (not including painted murals), or other object constituting a physical betterment of real property. C. Certificate of Appropriateness means the certificate issued by the Commission approving alteration, rehabilitation, construction, reconstruction, demolition, or general site compatibility of a local historic structure, local historic site, or any improvement in a local historic district. D. National Historic District means a district that is listed on the National Register of Historic Places as maintained by the National Park Service in the U.S. Department of the Interior. E. State Historic District means a district that is listed on the State Register of Historic Places, as maintained by the Division of Historic Preservation at the Wisconsin Historical Society. 1 CHAPTER 29 HISTORIC PRESERVATION F. Local Historic District is an area designated by the Common Council, following the procedures set forth in this Chapter, that contains two or more historic improvements or sites. G. Local Historic Site means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, or an improvement, parcel, or part thereof, on which is situated a historic structure and any abutting improvement, parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated. H. Local Historic Structure means any improvement which has a special character or special historic interest of value as part of the development, heritage or cultural characteristics of the City of Oconomowoc, state, or nation and which has been designated as a historic structure pursuant to the provisions of the chapter. I. Parcel means a portion of land having its own tax parcel identification number. 29.03 HISTORIC PRESERVATION COMMISSION COMPOSITION. A Historic Preservation Commission is hereby created, consisting of five (5) regular members, who shall be the members of the City Architectural Commission. Each member shall have, to the highest extent practical, a known interest in historic preservation. Three members are needed to establish a quorum, and three affirmative votes are needed to approve any request. 29.04 POWERS AND DUTIES. A. Designation. The Commission shall have the power, subject to Section 29.05 and 29.06, to recommend the designation of local historic structures and local historic sites and to recommend designation of historic districts within the City limits of the City of Oconomowoc. Such designations shall satisfy the requirements of Section 29.05(B). Local historic structures, sites and districts shall require the approval of the Common Council. Once designated, such local historic structures, sites and districts shall be subject to all the provisions of this ordinance. B. Regulation of Construction, Reconstruction, Alteration and Demolition. 1. An owner or person in charge of a local historic structure, local historic site or structure within a local historic district shall not reconstruct, alter, or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. The Building Inspector shall not issue a permit for any such work until a Certificate of Appropriateness has been approved by the Commission. Demolition of such 2 CHAPTER 29 HISTORIC PRESERVATION property shall also require approval by the Plan Commission and the Common Council. 2. Upon filing of any application for a Certificate of Appropriateness with the Commission, the Commission shall approve the application unless: a. In the case of a designated local historic structure or local historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done; b. In the case of the construction of a new improvement upon a historic site, within a local historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district; c. In the case of any property located in a local historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district; d. The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City of Oconomowoc and state; e. In the case of request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self- created or is the result of any failure to maintain the property in good repair. 3. If the Commission determines that the application for a Certificate of Appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the Certificate of Appropriateness. The Commission shall make the recommendation within sixty (60) days of the filing of the application or else the matter is deemed approved. 4. The issuance of a Certificate of Appropriateness shall not relive the applicant from obtaining other permits and approvals required by the City of Oconomowoc. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the Certificate of Appropriateness required for the proposed work. The property owner shall ensure that the necessary permits are obtained for the property. The City Building Inspector shall be provided a copy of the Certificate of Appropriateness. 5. Ordinary building maintenance and other work that involves repairs to existing features of a historic structure or site, or the replacement of elements of a 3 CHAPTER 29 HISTORIC PRESERVATION structure or site with pieces similar in appearance may be undertaken without the approval of the Commission. A Certificate of Appropriateness is still required for this work; however, the work shall be approved by the City Zoning Administrator as designees of the Commission. The types of projects that can be approved by these designees shall be described in a written policy and adopted by the Commission. Unless the Commission or the designee(s) approves a Certificate of Appropriateness, a building permit shall not be issued for any such work. C. Appeals. Should the Commission choose to not issue a Certificate of Appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Common Council within thirty (30) days. The Commission shall, with the cooperation of the applicant, work with the applicant to obtain a Certificate of Appropriateness within the guidelines of this ordinance. Denial of a Certificate of Appropriateness may be appealed following the procedures described in Section 29.06(A). D. Recognition of Historic Structures, Sites, and Districts. At such time as a historic structure, site, or district has been properly designated, the Commission, in cooperation with the property owner, may cause to be prepared and erected on such property a suitable plaque declaring that such property is a historic structure, site, or district. 29.05 NOMINATIONS FOR DESIGNATION OF LOCAL HISTORIC STRUCTURE, HISTORIC SITE, AND HISTORIC DISTRICT AND DESIGNATION CRITERIA. A. Nominations for local historic structure, historic site, and historic district designations, or requests to rescind a designation, shall be made as follows: 1. Local Historic Structure or Historic Site. a. The owner of a property may nominate that property for designation at any time by submitting a completed nomination form and any appropriate documentation. 2. Local Historic District. a. The nomination process for designation of a local historic district shall be considered by the Commission upon receipt of a written petition signed by the owners of a majority of the parcels within the proposed district. Each parcel included in the proposed district shall be allowed one (1) vote, and all of the owners of the parcel must sign the petition for the parcel to be counted as a vote in favor. Upon receipt of such a petition, the procedures described in Section 29.06 shall apply. b. The Commission may begin the nomination process for designation of a local historic district at any time. However, the public hearing required in Section 29.06 shall not be scheduled until a written petition signed by the 4 CHAPTER 29 HISTORIC PRESERVATION owners of one hundred (100%) of the parcels within the proposed district is provided. Upon receipt of such a petition, the procedures described in Section 29.06 shall apply. B. For purposes of this ordinance, a local historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural or cultural significance to the City of Oconomowoc such as historic structures, sites, or districts which: 1. Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or 2. Are identified with historic personages or with important events in national, state, or local history; or 3. Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or 4. Are representative of the notable work of a master builder, designer or architect who influenced his age; or 5. Have yielded, or may be likely to yield, information important to prehistory or history. 29.06 PROCEDURES. A. Designation of Local Historic Structures and Local Historic Sites. 1. Upon receipt of a nomination under 29.05(A), the Commission shall, after notice, schedule a public hearing to consider the designation of local historic structures and local historic sites, or to rescind such designation or recommendation. At least ten (10) days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City of Oconomowoc’s assessor, who are owners of property in whole or in part situated within two hundred (200) feet of the boundaries of the property affected. 2. 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 designation or rescission. Within ten (10) days after the close of the public hearing, the Commission may, after application of the criteria in Section 29.05(B) above, recommend to the Common Council the designation of the property as either a local historic structure, or a local historic site, or recommend rescinding the designation. 5 CHAPTER 29 HISTORIC PRESERVATION 3. The Common Council, upon receipt of the recommendation from the Historic Preservation Commission, shall either designate or reject the local historic structure or local historic site, or rescind such a designation. Such action shall not become effective except by the favorable vote of three-fourths (3/4) of the entire membership of the Common Council. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to Oconomowoc’s Plan Commission and the Historical Preservation Commission. B. Designation of Local Historic District 1. Upon receipt of a petition described in Section 29.05(A), the Commission shall prepare a historic preservation plan for the proposed district. A Local Historic District may be designated for any geographic area of historic, architectural or cultural significance to the City of Oconomowoc, after application of the criteria in Section 29.05 above. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the proposed district, the specific guidelines for preservation, and a statement of preservation objectives. 2. Review and Adoption Procedure. a. The Historic Preservation Commission and the City Plan Commission shall each vote to recommend, reject or withhold action on the plan. The Common Council, upon receipt of the recommendations from the Historic Preservation Commission and the City Plan Commission shall hold a public hearing. Notice of the time, place and purpose of the public hearing shall be sent by the City Clerk to the owners of record, who are owners of the property within the proposed Local Historic District or are situated in whole or in part within two hundred (200) feet of the boundaries of the proposed Local Historic District. Said notice is to be sent at least ten (10) days prior to the date of the public hearing. b. The petition described in Section 29.05(A)(2)(b) is signed by the owners of one hundred percent (100%) of the parcels within the proposed district. , Nominations for a local historic district begun under Section 29.05(A)(2)(a) become effective upon a simple majority vote. 3. Amendment. A property owner or the City may seek an amendment of the designation of a property as a historic site, historic structure, or its inclusion in a historic district. Consideration of an amendment shall be commenced by written request filed with the Historic Preservation Commission. The notice and public hearing requirements for the establishment of a historic site, structure or historic district shall be followed with respect to consideration of the amendment. Following the public hearing, the Historic Preservation Commission shall make a 6 CHAPTER 29 HISTORIC PRESERVATION recommendation to the Common Council regarding the amendment of the designation. The Common Council will then take final action on the amendment. 4. Voluntary Restrictive Covenants. The owner of any historic structure or site may, at any time following such designation of the property, enter into a restrictive covenant on the subject property after negotiation with the Commission. The Commission may assist the owner in preparing such covenant in the interest of preserving the structure or site. The owner shall record such covenant in the office of the Waukesha County Register of Deeds and shall notify the City Assessor of such covenant and the conditions thereof. 29.07 INTERIM CONTROL. No building permit shall be issued by the Building Inspector for the exterior alteration or construction of, or the demolition or removal of, a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission or the City Council unless such alteration, removal or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay be for more than ninety (90) days. 29.08 SEPARABILITY. If any provision of this chapter or the application thereof 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 thereby. 29.09 LOCAL HISTORIC DESIGNATION. N/A 29.50 PENALTIES FOR VIOLATIONS. Any person or persons violating any provision of this section shall be forfeit fifty dollars ($50) for each changed feature of said structure and each separate violation shall be deemed a separate violation per day, until corrective action is taken. Notice of violations shall be issued by the City Attorney. 7