NUMB:
911966
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. NARDELLI AND MCNAMARA-MCGRAW
TITL:
A substitute ordinance relating to architectural review requirements for new construction of single- family, 2-family and multi-family dwellings.
SECS:
200-24-1 am
200-24.5 cr
ANLS:
- Analysis -
This ordinance requires that a certificate of appropriateness be issued prior to construction of any new single-family, 2-family or multi-family dwelling in a single-family residence, 2-family residence, multi-family residence, restricted office or residential and office zoning district. The certificate would be issued by a 5-member architectural review board if the board finds that the proposed dwelling would be generally compatible with existing dwellings in the surrounding area. The ordinance also establishes the criteria that the board is to use in determining whether or not a proposed dwelling would be compatible with its surroundings. These standards relate to overall appearance, building size and mass, rooflines, and materials and colors used. Decisions of the architectural review board may be appealed to the common council. Remodeling projects, construction of additions and garages, and all types of construction in historic districts and urban development areas shall be exempt from the requirements of this ordinance.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-24-1 of the code is amended to read:
200-24. Permits Required. 1. REQUIRED. No person may erect, construct, enlarge, alter, repair, move, improve, convert to new uses, raze or demolish any building or structure, nor install therein any equipment, occupy and use any building, structure, equipment or premises or cause the same to be done or commence any excavation on any premises without first obtaining a permit from the commissioner and paying the fee as prescribed by this code. Permits may be issued at the discretion of the commissioner to persons in arrears of payment of any fees specified in ss. 200-32 and 200-33 or persons who have failed to comply with any outstanding order of the department if the permit is required to comply with an outstanding order or citation. No permit applied for under this subchapter may be issued unless the applicant has first complied with s. 66-12-5, with respect to submitting an asbestos project statement. >>No permit shall be issued for the construction of a new single-family, 2-family or multi-family dwelling in any single-family residence, 2-family residence, multi-family residence, restricted office or residential and office district, unless a certificate of appropriateness for such construction has been issued in accordance with the provisions of s. 200- 24.5.<<
Part 2. Section 200-24.5 of the code is created to read:
200-24.5. Architectural Review for New Construction of Single-Family, 2-Family and Multi-Family Dwellings. 1. PURPOSE. The purpose of this section is to promote and ensure aesthetic beauty in the residential areas of the city and to stabilize or enhance residential property values through the implementation and application of architectural and design standards for the construction of new single- family, 2-family and multi-family dwellings. Such standards are not intended to impose a regimented conformity to any specific architectural style, but to ensure that every new single-family, 2-family or multi-family dwelling is reasonably compatible with and does not impair or depreciate existing dwellings in the surrounding area.
2. CERTIFICATE REQUIRED. No owner of property in a single-family residence, 2-family residence, multi- family residence, restricted office or residential and office district shall allow to be constructed upon such property any single-family, 2-family or multi-family dwelling unless the architectural review board has approved the issuance of a certificate of appropriateness relating to such construction. Unless such certificate has been issued, the commissioner shall not issue any permit required under s. 200-24.
3. EXEMPTIONS. The provisions of this section shall not apply to remodeling projects, the construction of additions or garages or other accessory buildings, or any construction in a designated historic district or a designated urban development area. However, a certificate of appropriateness shall be required for the moving of an existing dwelling to a vacant lot in any of the specified zoning districts.
4. APPLICATION FOR CERTIFICATE. An application for a certificate of appropriateness shall be filed with the commissioner using a form provided by the department. The application shall be accompanied by copies of all plans relating to the exterior of the proposed building, including elevation or perspective sketches, proposed floor grades, a description of the proposed materials and colors, and site or landscape plans. The commissioner shall immediately forward all applications to the architectural review board.
5. ARCHITECTURAL REVIEW BOARD. a. Powers. The architectural review board shall have the power to hear and decide applications for certificates of appropriateness required by subs. 2 and 3. It may approve, deny or conditionally approve an application and may request such modifications to the construction plans as it deems necessary to carry out the purpose of this section. The board may request assistance from other city officers, departments, boards and commissions. It may also request that an applicant furnish additional information.
b. Membership. The architectural review board shall consist of the commissioner or the commissioner's designee, one registered architect, one realtor, one certified appraiser and one citizen at large. All members except the commissioner or the commissioner's designee shall be appointed by the mayor to serve staggered 3-year terms, subject to common council confirmation. The mayor shall designate the chair of the board.
c. Quorum. Three members shall constitute a quorum of the board. All board actions shall require a majority vote of the members present.
d. Staff. Staff for the board shall be provided by the department.
e. Records. Staff shall maintain minutes of all proceedings of the board, as well as a record of the action taken by the board on each review request which shows the findings of fact, reasons for the board's decision and vote of each member.
6. ACTION BY THE BOARD. a. Review. Upon receipt of an application for a certificate of appropriateness from the commissioner, the board shall review the application at its next meeting. The board may find the proposed construction appropriate and direct that a certificate be issued by the commissioner or it shall set a public hearing date within 30 days of its original review of the application. When reviewing an application for a certificate of appropriateness, the board shall consider whether or not the proposed dwelling meets the following standards:
a-1. Appearance. The design or exterior appearance of the dwelling will not be so unorthodox or abnormal in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards, nor will the design or exterior appearance of the dwelling be so similar in appearance to nearby dwellings as to result in an unvaried built environment.
a-2. Building Scale and Mass. The dwelling will be compatible with nearby dwellings in terms of building scale and mass.
a-3. Rooflines. The visual continuity of roofs and their contributing elements will be maintained in the area in which the dwelling is constructed.
a-4. Materials. Materials and textures used in the design and construction of the dwelling will be compatible with, or of higher quality than, the prevailing materials used on existing dwellings in the area.
a-5. Colors. Exterior colors of the dwelling will be in harmony with existing dwellings in the area.
b. Meetings. Meetings to review applications for certificates of appropriateness shall be held semi- monthly or at the call of the chair, but in no case shall an application for a certificate of appropriateness be reviewed later than 15 working days after the application is received by the department.
c. Notification of Hearing. When the board sets a public hearing date, notice of the hearing shall be sent by registered letter addressed to the applicant at the applicant's residence or place of business or, if the applicant is a corporation, to the address stated on the application. The letter to the applicant may contain requirements for supplemental information, including but not limited to any photographs, plans, elevations and detail drawings of any structure to be constructed. If the applicant is unable to furnish any or all of the required supplemental information by the date set for hearing on his or her application, the applicant may request a delay in the hearing as may be reasonable for obtaining the same. The board may also grant a request for a delay for any other good cause.
d. Notification of Board Action. The board shall notify the applicant of its decision on the applicant's certificate request by registered mail within 15 days of the meeting or hearing date. If the board has approved the issuance of a certificate, it shall also immediately direct the commissioner to issue a certificate to the applicant.
7. APPEALS. An applicant for a certificate of appropriateness may file with the city clerk a written appeal of the board's decision to the common council within 20 days after the mailing of the registered letter concerning the board's decision to the applicant. The city clerk shall file the request to appeal with the common council. After a public hearing, the council may, by a vote of 2/3 of its members, reverse or modify the decision of the board if it finds that, owing to special conditions pertaining to the specific piece of property, failure to grant the certificate of appropriateness will preclude any and all reasonable use of the property or will cause serious hardship for the owner, provided that any self-created hardship shall not be a basis for reversal or modification of the board's decision.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB91417.3
JDO
7/5/95______________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB91417.3
JDO
7/5/95