Number
001704
Version
ORIGINAL
Reference
Sponsor
ALD. D'AMATO
Title
An ordinance relating to the process by which sites, structures and districts are designated as historic.
Sections
308-81-8-0 am
308-81-8-a rc
Analysis
This ordinance makes 2 changes to the process by which a site, structure or area is designated as historic:
1. The code of ordinances currently provides that, once a site, structure or area is nominated for possible designation, the historic preservation commission hold a public meeting to determine whether the site, structure or area possesses one or more indicia of historic significance. If the commission so determines, the site, structure or area is made the subject of a public hearing at which time the commission must decide whether to recommend historic designation for the site, structure or area to the common council. This ordinance removes the requirement for the first public meeting and directs the commission to determine whether or not a site, structure or area possesses one or more indicia of historic significance after a single public hearing.
2. This ordinance also adds a new party to the list of those who must receive hearing notices when properties, structures or areas are nominated for designation as historic. All persons or corporations who own property that is within 200 feet of the property that is the subject of the hearing will now receive such notice by first class mail.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 308-81-8-0 of the code is amended to read:
308-81. Historic Preservation Commission.
8. NOMINATION AND DESIGNATION OF HISTORIC SITES, STRUCTURES AND DISTRICTS. Any person may make application for nomination of a structure, site or area for historic designation to the commission. [[A structure, site or area shall be deemed to be nominated for consideration as a historic structure, site or district when the commission has determined preliminarily by a majority vote at a meeting or hearing that the structure, site or area may possess one or more indicia of historic significance.]] The commission shall [[then]] contact the owner or owners of such real property of record and outline the reasons >>for<< and the effects of [[the nomination of]] >>designation on<< the structure, site or area [[historic designation]] >>under consideration<<.
Part 2. Section 308-81-8-a of the code is repealed and recreated to read:
a. Hearing. a-1. The commission shall schedule a public hearing on the question of the application for designation. Notice as to the time, place and purpose of the hearing shall be sent at least 25 days prior to the hearing to the following parties:
a-1-a. The owner of the subject property. This notice shall be by certified letter.
a-1-b. The city clerk and the common council member or members of the aldermanic district or districts in which the proposed designation is located.
a-1-c. All persons or corporations who own property that is within 200 feet of the proposed designation. This notice shall be by first class mail.
a-2. Following the public hearing, the commission shall vote to make recommendations to the common council regarding the designation. A structure, site or area shall be deemed to be nominated for consideration as a historic structure, site or district when the commission has determined by a majority vote that the site, structure or area possesses one or more indicia of historical significance.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
01070-3
jro
03/29/01