APPROVAL OF DEMOLITION OF PRINCIPAL BUILDINGS.
Madison General Ordinances § 28.185
in effect28.185 - APPROVAL OF DEMOLITION OF PRINCIPAL BUILDINGS.
(1) Statement of Purpose. It is hereby declared as a matter of public policy that the careful consideration of requests to demolish principal buildings with historic value is a public necessity and required in the interest of the health, prosperity, safety, and welfare of the people. The City recognizes that historic resources are cultural and economic assets that tell the story of Madison, reflect diverse cultures and histories, can attract residents and visitors, create jobs, and stabilize and improve property values. It is further a matter of public policy that the City balances its general interest in preserving buildings with historic interest with its general interest to accommodate the growth of its population and built environment.
(2) General. Demolitions of principal buildings are subject to the requirements of this section. No principal buildings shall be demolished without either administrative or Plan Commission approval.
(3) Application. Any Eligible Applicant under MGO Sec. 28.181(2) may submit an application for a demolition approval for a principal building, as defined by MGO Sec. 28.211, to the Director of the Building Inspection Division. Thirty (30) days prior to the filing of an application for demolition, the applicant or their agent is required to notify a list of interested persons registered with the City. Application completeness is subject to MGO Sec. 28.181(4), and applications shall contain the following information:
(a) A clear, detailed and completed statement and description of the building proposed for demolition and the reason for requesting the demolition.
(b) If known to the applicant, the date the building proposed for demolition was constructed.
(c) A description of the proposed method and timeline of the demolition.
(d) A statement regarding whether the applicant is also seeking a Zoning Map amendment pursuant to MGO Sec. 28.182(10) or conditional use pursuant to MGO Sec. 28.183 in conjunction with the requested demolition.
(e) If likely to be deemed to have historic interest, the proposed plan(s) to mitigate the adverse effects to Madison's cultural landscape (see (6)(d)i. below). If applicable, a description of the efforts that the applicant has taken or will take to relocate the building to another site rather than demolish it.
(f) If proposed for relocation, information regarding the applicant's preliminary assessment that relocation is likely to be structurally and legally feasible.
(g) Photos of the interior and exterior of each principal building to be demolished sufficient to indicate its character and condition.
(4) Review for Historic Value. Applications for demolition of a principal building shall be reviewed by the Landmarks Commission, unless exempted under subsection 5(a) or (b) below. The Landmarks Commission shall provide input to the Building Inspection Division and Plan Commission regarding the historic value of the property with the building proposed for demolition, and assign a Category (A, B or C) to each application pursuant to MGO Sec. 41.28.
(a) If the Landmarks Commission determines that the proposed demolition is a Category C demolition, the demolition may be approved administratively under sub. (5)(c) below.
(b) If the Landmarks Commission determines that the proposed demolition is a Category A or B, then the Plan Commission shall consider the demolition under sub. (6).
(c) Nothing in this subsection eliminates the requirement in MGO Secs. 41.09(1)(c) and 41.12(3) that the demolition of landmark structures or structures in historic districts must also be approved by the Landmarks Commission through the issuance of a Certificate of Approval.
(5) Administrative Approval. Applications for the demolition of a principal building may be administratively approved by the Director of Building Inspection in any of the following circumstances:
(a) The Director of the Building Inspection Division finds that the building proposed to be demolished is structurally unsound and an imminent danger to the public, subject to an appeal as provided in MGO Sec. 29.21. The applicant may support the request with the report of a licensed architect or engineer certifying and providing reasons that the building is structurally unsound.
(b) The building proposed for demolition is identified for demolition in a Campus Institutional Master Plan that has been approved by the Common Council pursuant to MGO Sec. 28.097(6).
(c) The Landmarks Commission has reviewed any other proposed demolition under MGO Sec. 41.28 and found that the demolition is a "Category C" Demolition.
(6) Plan Commission Approval. The Plan Commission shall hold a public hearing on any demolition application that is not approved administratively under sec. (5) above.
(a) Public Hearing Required. If the applicant for a demolition approval requests an amendment to the Zoning Map pursuant to MGO Sec. 28.182(10) or a conditional use approval pursuant to Sec. MGO 28.183, the demolition application may be considered at the same time the Plan Commission considers the amendment to the zoning map or conditional use. The public hearing for a demolition application shall meet the requirements of MGO Sec. 28.183(5)(a)1., except that a demolition application considered with a zoning map amendment shall also meet the public hearing requirements in MGO Sec. 28.182(4).
(b) Submitted Materials. The Plan Commission shall receive and consider the complete application, the report from the City's Preservation Planner, and any report that may be submitted by the Landmarks Commission in connection with the Review for Historic Value as well as any materials submitted to the Landmarks Commission for their review under MGO Sec. 41.28.
(c) Standards of Approval. The Plan Commission shall not approve an application for demolition unless it finds that both subs. (1) and (2) below are met:
1. Demolition of the existing building(s) is consistent with or will aid in the implementation of adopted plans or with the purpose statement of this section. The Plan Commission may consider how demolition and redevelopment of the property relates to the implementation of the City's adopted plans.
2. There are factors that are found to outweigh the public interest in preserving historic resources. Such a finding may include, but is not limited to:
i. The building is found to be in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it.
ii. If the building has historic value, the building has been so altered that it cannot convey its historical association or architectural significance.
iii. There is a structural or fire hazard, unlawful use of the property, public nuisance, or other public health and safety concern that supports demolition as provided in reports from the Madison Fire Department, Police Department, and/or Building Inspection Division.
(d) Conditions. Before granting a demolition approval, the Plan Commission may stipulate conditions and restrictions on the proposed demolition as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified above.
i. Conditions may include plans to mitigate the loss of the building to include but are not limited to relocation, salvage of historic materials, adaptive reuse of portions of existing structures, interpretive installations at the site, or other creative mitigation measures.
(e) Decision. At the conclusion of the public hearing, the Plan Commission shall approve, approve with conditions, or deny a demolition.
(7) Appeal of Plan Commission Decision.
(a) The Plan Commission's decision to approve or deny a demolition may be appealed to the Common Council by:
1. The applicant, or
2. The Alderperson of the district in which the building proposed for demolition is located.
(b) The appeal shall specify the grounds, with specific reference to the findings of the Plan Commission.
(c) The appeal shall be filed with the Zoning Administrator within ten (10) days of the final action of the Plan Commission.
(d) The Zoning Administrator shall transmit the appeal to the City Clerk, who shall file the appeal with the Common Council.
(e) After receiving the appeal from the City Clerk, the Common Council shall introduce the appeal at one Common Council meeting and set the appeal for a public hearing at the next Common Council meeting. In addition to setting the appeal for a public hearing, the City shall also provide email notice to anyone whose name appears on the list of persons wishing to receive information about demolitions. The Common Council shall decide on the appeal within a reasonable period of time.
(f) The action of the Plan Commission shall be upheld unless it is reversed or modified by a favorable vote of two-thirds (⅔) of the members of the Common Council.
(g) If the applicant for a demolition has also filed a timely appeal of a conditional use permit pursuant to MGO Sec. 28.183, the two appeals shall be considered at the same Common Council meeting unless the applicant and the Office of the City Attorney agree to an alternate schedule.
(8) Scope of Approval.
(a) A demolition approved under sub. (5) or (6) is valid for two (2) years from the date of approval.
(b) Where the plans have not been altered since approval of the demolition and the approval has expired, the Director of Planning and Community and Economic Development may, after consultation with the Alderperson of the District, approve an extension for up to one (1) year from the expiration date.
(9) Subsequent Applications. Effective April 1, 2025, no application for a demolition approval that is denied wholly or in part by the Plan Commission (or, on appeal, by the Common Council) shall be resubmitted for a period of one (1) year from the date of the final decision, unless the decision expressly states that it is placed on file without prejudice.
(10) Demolition by Fire. Demolition by fire is prohibited unless the burn is conducted by the Madison Fire Department (MFD) in conjunction with an MFD training event and limited to no more than three (3) demolitions by fire events per year. For any approval for demolition by fire, the applicant shall provide written notice of the date of the proposed demolition to the alderperson of the district where the demolition is proposed and to all owners and residents of properties within one thousand (1,000) feet of the boundaries of the property on which the demolition will occur. Such notice shall be provided at least five (5) days prior to the date of the proposed demolition.
(11) Penalty. Any person who fails to obtain a demolition approval prior to demolition of a principal building shall, upon conviction thereof, be subject to a forfeiture of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000). Each day or portion thereof such violation continues shall be considered a separate offense.
(Am. by ORD-25-00044, 6-27-25) (Rpld & Recr. by ORD-25-00010, 3-8-25)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH28ZOCOOR_SUBCHAPTER_28LPR_28.185APDEPRBUFetched: 11/1/2026