41.02 - DEFINITIONS.
In this chapter:
Alteration means any change, addition or modification to an improvement or grading (see improvement).
Architectural Feature means the distinguishing exterior elements of a building or structure including shape, size, design, style, fenestration, materials and decorative details.
Building means any structure having a roof that may provide shelter, support, protection or enclosure of persons, animals, or property of any kind (see Structure). (Am. by ORD-22-00042, 6-4-22)
Building Inspector means the Director of the Building Inspection Division or designee.
Bulk means the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another.
Certificate of Approval means an official form issued by the Preservation Planner stating that the proposed work on a designated historic resource in a historic district is in accord with the requirements of this ordinance and that (1) the proposed work may be completed as specified in the certificate; and (2) that the Building Inspector may issue any permits needed to do the work specified in the certificate. (Am. by ORD-22-00042, 6-4-22; Am. by ORD-25-00044, 6-27-25)
Character (of a Building and a Historic District) means the sum of all physical attributes in a historic place which can include setting, property types, form, proportion, architectural style, construction methods, and materials.
Commission or Landmarks Commission means the Landmarks Commission created under Sec. 33.19, MGO.
Construction means the erection of any new structure or the alteration of any existing structure (see Structure and Alteration). (Am. by ORD-22-00042, 6-4-22)
Demolish means the act or process that removes or destroys in whole or in part a building, structure, or resource.
Demolition by Neglect means the process of allowing landmarks, landmark sites or improvements in historic districts to decay, deteriorate, become structurally defective, or otherwise fall into disrepair.
Developed Public Right-of-Way means any human-made change to a public thoroughfare or easement granted for the purpose of public access, included but not limited to paved or unpaved highways, streets, bicycle/pedestrian/multi-use paths, or sidewalks. This does not include alleys. (Cr. by ORD-22-00042, 6-4-22)
Development means any human-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials. (Am. by ORD-22-00042, 6-4-22)
Gross Volume means the entire volume measured in cubic feet enclosed by a structure including attached structures, dormers, attics, crawl spaces, or penthouses. Gross volume is measured from the outside surface of the exterior walls including any portions above existing grade to the roof line. It does not include courtyards with no roof, balconies, canopies, or portions below grade. Decorative or structural features that extend beyond the plane of the outside face of the exterior wall such as trim, cornices, pilasters, buttresses and overhangs are not included.
Guideline means a principle put forward to help determine a course of action. Under this ordinance, guidelines adopted in a historic district shall serve as a collective set of principles to promote architectural compatibility of new construction and exterior alterations in a historic district.
Height (of a Building) means the following:
(a) For accessory buildings and structures, height is measured from the average elevation of the approved grade at the front of the building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the midpoint of the ridge of a gable, hip, or gambrel roof. The average height shall be calculated by using the highest ridge and its attendant eave. The eave point used shall be where the roof line crosses the side wall.
(b) For principal buildings and structures, height is the average of the height of all building facades. For each facade, height is measured from the midpoint of the existing grade to the highest point on the roof of the building or structure. No individual facade shall be more than fifteen percent (15%) higher than the maximum height of the zoning district.
(c) For new buildings, alterations, additions, or replacement of existing buildings, height shall be measured from the natural grade prior to redevelopment. Natural grade shall be determined by reference to a survey or other information as determined by the Zoning Administrator.
(d) Height in the DC, UOR, UMX, DR1 and DR2 districts shall be measured from the highest point along a building setback line paralleling any street adjacent to the site. In these districts accessible roofs, including the minimum structure necessary to provide access, shall not be counted as a story. However, this provision shall not be applied in violation of the Capitol View Preservation Section 28.134(3).
Historic District means an area designated by the Common Council pursuant to Subchapter G of this ordinance.
Historic Resource means any building, structure, sign, feature, improvement, site, or area having significant architectural, archaeological, anthropological, historical, or cultural value. Historic Resources include properties designated as landmarks or historic resources in this chapter. (Am. by ORD-22-00042, 6-4-22)
Improvement means any structure, landscape feature or object intended to enhance the value or utility of a property (See structure, landscape feature and object.)
Landmark means
(a) Any improvement which has architectural, cultural, or historic character or value reflecting the development, heritage or cultural characteristics of the City, state or nation and which has been designated as a landmark pursuant to the provisions of this chapter, or
(b) Any land of historic significance due to a substantial value in tracing the history of humankind, or upon which an historic event has occurred, and which has been designated as a landmark pursuant to the provisions of this chapter.
Landmark Site means the lot or parcel identified in the official landmark designation maintained by the City Planning Division. If a landmark designation does not identify a lot or parcel, landmark site means any lot, or part thereof, on which is situated a landmark, and any abutting lot, or part thereof, used as and constituting part of the premises on which the landmark is situated.
Landscape means the improvements, topography, plants and open spaces in an area and their arrangement and patterns (see Improvement). (Am. by ORD-22-00042, 6-4-22)
Landscape Feature means any improvement to the natural landscape including plants, gardens, parks, greenways and landscaping around structures (see Improvement). (Am. by ORD-22-00042, 6-4-22)
Lot means a tract of land, designated by metes and bounds, land survey, minor land division or plat recorded with the Dane County Register of Deeds.
Master means an architect or designer of recognized greatness who is responsible for a body of published work or structures that are notable for their quality, innovation, or level of proficiency within their craft.
Natural Feature means any native plant community, geological feature, or other natural element. Examples include prairies, oak savannas, water elements, topography, or rock outcroppings.
Object means any improvement that is of relatively small scale or of simple construction for primarily ornamental or artistic purposes including fountains, monuments, or sculptures (see Improvement). (Am. by ORD-22-00042, 6-4-22)
Owner means any person having legal possession, custody, or control of an improvement on a landmark site or in an historic district.
Period of Significance means the duration of time between beginning and ending years during which a historic district is associated with the important events, activities, persons, or attained characteristics which qualify it for historic district status. Specific periods of significance are identified for each historic district in Subchapter G.
Person means an individual, corporation, partnership, limited liability company, cooperative, trust, association or business entity. For purposes of repeated violations of the provisions of this chapter, any corporation, partnership, limited liability company, cooperative, trust, association or business entity is considered the same as another corporation, partnership, limited liability company, cooperative, trust, association or business entity if they share at least one (1) officer.
Preservation means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property or historic resource.
Preservation Planner means the person designated under Sec. 41.05.
Reconstruction means the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
Rehabilitation means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features of the property which convey its architectural and cultural values.
Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.
Secretary of the Interior's Standards for the Treatment of Historic Properties means the principles developed by the National Park Service (36 C.F.R. 68.3, as may be amended) to help protect historic properties by promoting consistent preservation practices and providing guidance to historic building owners and building managers, preservation consultants, architects, contractors, and project reviewers on how to approach the treatment of historic properties. The Secretary of the Interior Standards for Treatment of Historic Properties may also be referred to in this ordinance as "Secretary of the Interior's Standards."
Site means any location of an event, a prehistoric or historic occupation or activity where the location itself maintains value or significance. Examples include Indian trails, effigy mounds, battlegrounds, or locations of former structures.
Standard means a rule that is required. Under this ordinance, all standards adopted in a historic district must be complied with in every instance of development in that district.
Structure means any building or improvement attached to land (See building and improvement.).
Visually Compatible means harmonious with location, context, setting and character.
(Am. by ORD-22-00042, 6-4-22)
