Regulations For Landmarks, Landmarks Sites, & Historic District

Section 28.05 of the Municipal Codes

1. Conformance with other City codes
2. Certificate of Appropriateness
3. Maintenance
4. Sale of Landmarks and Landmark Sites
5. Demolition

1. Conformance with other City codes – If it does not endanger public health or safety, a landmark, landmark site, and property in a Historic District can apply for a variance or waiver of any provision in the following sections of the Waukesha Municipal Code:
   • Section 16: Building Code
   • Section 17: Housing Code
   • Section 19: Plumbing Code
   • Section 20: Heating, Ventilating, & Air Conditioning Code
   • Section 22: Zoning Code
   Applications are available from the Department of Building Inspection or Planning Department. All codes must be followed unless granted either a waiver or a variance.
2. Certificate of Appropriateness (COA) – A Certificate of Appropriateness is needed before a structure can be built, enlarged, altered, or remodeled on a property designated as a landmark, landmark site, or part of a Historic District. The Building Inspector will not issue a building permit without a Certificate of Appropriateness. A building permit is also needed before a structure can be built, enlarged, altered, remodeled, demolished, moved, or occupied.

   Criteria for a Certificate of Appropriateness

   • For work on a designated landmark or site – Proposed work on the building, structure, or other improvements on the site can not destroy or adversely affect any exterior architectural feature.
   • For new construction on a landmark site – The exterior of the new building, structure or other improvement must harmonize and not adversely affect the external appearance of other improvements and structures on the site.
   • For any property located in a Historic District – The proposed construction or exterior alteration must conform to the objectives and design criteria of the historic preservation plan.

   Application Process

   • Pick up a Certificate of Appropriateness application at the Planning Department.
   • Turn in application and materials required for a building permit, including, but not limited to, a description of use, survey and complete set of plans to the Planning Department.
   • Within 30 days of turning in the application and required materials, the Landmarks Commission will determine if the proposed work meets the criteria for a Certificate of Appropriateness.
   • If approved, a Certificate of Appropriateness will be given to the Department of Building Inspection and a building permit may be issued. To receive a building permit, separate application, materials, and fees need to be filed with the Department of Building Inspection. A building permit is needed before a structure can be built, enlarged, altered, remodeled, demolished, moved or occupied.
   • If rejected, the applicant will be notified in writing of the reason for the denial. Upon request, the Landmarks Commission will assist the applicant in meeting the criteria for a Certificate of Appropriateness. The decision may be appealed to the Common Council.
3. Maintenance is Required – The interior and exterior of all landmarks, landmark sites and Historic District properties must be kept in good repair to prevent the exteriors of the buildings and improvements from deteriorating to a state of disrepair.
4. Sale of Landmarks and Landmark Sites – Any person listed as the owner of record at the time the property was designated a landmark or landmark site may petition the Landmarks Commission for a rescission of the landmark designation. The owner must demonstrate to the Commission that even though reasonable attempts were made to attract a buyer willing to preserve the property, no buyer was found because of the designation.

   Process

   • The petition is filed with the Planning Department.
   • The Landmarks Commission and Landmarks Planner will work with the owner to locate a buyer willing to abide by the landmark designation.
   • If no buyer can be found within 2 months of the filing of the petition, and the owner still desires to obtain a rescission of the landmark designation, the Landmarks Commission will rescind the designation of the property.
   • The property may not be redesignated a landmark or landmark site without the owner's permission for at least 5 years following the date of the rescission.
5. Demolition – No building, structure, or improvement can be demolished without a permit. The owner or agent in charge of a landmark or property within a Historic District must file an application with the Planning Department. The Landmarks Commission may refuse to grant written approval for 6 months after date application was received. During that time, the Landmarks Commission will try to work with the applicant to find a method to save the property. The owner or their agent may appeal the refusal of the demolition application to the Common Council during this time. At the end of the 6 month period, if no mutually agreeable method of saving the property, or if no formal application for funds from any governmental unit or nonprofit organization is pending to preserve the property, a demolition permit may be issued by the Department of Building Inspection without approval from the Landmarks Commission.