Madison General Ordinances § 41.16 CERTIFICATE OF APPROVAL REQUIRED.
41.16 - CERTIFICATE OF APPROVAL REQUIRED.
A Certificate of Approval is required for all of the actions identified under Secs. 41.09 and 41.12.
(Am. by ORD-25-00044, 6-27-25)
CERTIFICATES OF APPROVAL—PROJECTS ON LANDMARKS, LANDMARK SITES AND IN HISTORIC DISTRICTS
Madison General Ordinances ch. 41, subch. 41F
in effectMadison General Ordinances § 41.17 OBTAINING A CERTIFICATE OF APPROVAL.
41.17 - OBTAINING A CERTIFICATE OF APPROVAL.
(1) Application. A property owner may apply for a Certificate of Approval for a proposed action under Sec. 41.16 related to that owner's property. The property owner shall file the application on a form approved by the Landmarks Commission. The property owner shall file the application with the City Planning Division, to the attention of the Preservation Planner. Every application shall include at least the following information unless otherwise indicated by the Preservation Planner:
(a) Completed Application document.
(b) Narrative Description of the project.
(c) Architectural drawings, which may include:
1. Scalable drawing set reduced to 11" x 17".
2. Floor plans.
3. Dimensioned site plans showing siting of structures, grading, landscaping, pedestrian and vehicular access, lighting, signage, and other features.
4. Elevations of all sides showing exterior features and finishes, subsurface construction, floor and roof.
5. Plan views of above- and below-grade levels and roof.
6. For proposals of more than two (2) commercial or residential or combination thereof units, a minimum of two (2) accurate street-view normal perspectives shown from a viewpoint of no more than five (5) feet above existing grade.
(d) Any other information requested by the Preservation Planner to convey the aspects of the project.
(e) Signature of the property owner.
(2) Review for Completeness. The Preservation Planner shall review each application under sub. (1) for completeness. When the Preservation Planner finds that an application is complete, the Preservation Planner shall stamp the application with the date of the completeness finding. The Preservation Planner shall promptly forward each complete application to the Landmarks Commission unless, under Sec. 41.17(4), the Commission has authorized the Preservation Planner to administratively grant or deny the application.
(3) Public Hearing; When Required. The Commission shall issue a notice under Sec. 41.06 and hold a public hearing on a complete application if the application proposes any of the following:
(a) Demolition or removal of all or part of a landmark.
(b) Demolition or removal of a structure in a historic district.
(c) Construction of a new principal structure in a historic district or on a landmark site.
(d) Construction of an accessory structure with a footprint larger than one hundred and fifty (150) square feet, not including decks and open porches, in a historic district or on a landmark site.
(e) Land divisions and combinations.
(f) Exterior alteration of a structure in a historic district or to a landmarked structure that increases the footprint of the structure more than one hundred and fifty (150) square feet, not including decks and open porches.
(4) Administrative Approval. The Landmarks Commission may authorize the Preservation Planner to act on an application for Certificate of Approval on projects that do not require a public hearing, provided that the Commission shall first adopt written policies establishing which projects can be administratively approved by the Preservation Planner, and that the Preservation Planner follows the Commission's written policies when granting or denying applications under this provision.
(5) Granting or Denying an Application. Within sixty (60) days of a completeness finding under Sec. 41.17(2), the Preservation Planner or Landmarks Commission shall, based upon the applicable standards in Sec. 41.18, approve, approve with conditions, or deny the application for Certificate of Approval. Failure to approve or deny an application within sixty (60) days of a completeness finding shall be deemed a denial of the application, effective on the last day of the determination period. The determination period may be extended an additional sixty (60) days with the applicant's written agreement.
(6) Issuance of a Certificate of Approval. Upon approval of an application, the Preservation Planner shall issue a Certificate of Approval to the property owner.
(7) Expiration of a Certificate of Approval. A Certificate of Approval shall expire two (2) years from the date of issuance unless a building permit is obtained within such period.
(8) Meeting Conditions of Approval. Upon conditional approval of a project by the Landmarks Commission, the applicant shall have one (1) year to meet the conditions of approval in order to secure the Certificate of Approval.
(9) Administrative Extension of Approval. Where the plans still meet the conditions of approval from the Landmarks Commission and the Certificate of Approval has expired, the Preservation Planner may, after consultation with the Alderperson of the District, approve an extension of up to twelve (12) months from the expiration date.
(Am. by ORD-25-00044, 6-27-25)
Madison General Ordinances § 41.18 STANDARDS FOR GRANTING A CERTIFICATE OF APPROVAL.
41.18 - STANDARDS FOR GRANTING A CERTIFICATE OF APPROVAL.
A Certificate of Approval shall be granted only if the proposed project complies with this chapter, including all of the following standards that apply.
(1) New Construction or Exterior Alteration. The Landmarks Commission shall approve a Certificate of Approval for exterior alteration or construction only if:
(a) In the case of exterior alteration to a designated landmark, the proposed work would meet the Secretary of the Interior's Standards for Rehabilitation.
(b) In the case of exterior alteration or construction of a structure on a landmark site, the proposed work would meet the Secretary of the Interior's Standards for Rehabilitation.
(c) In the case of exterior alteration or construction on any property located in a historic district, the proposed exterior alteration or construction meets the adopted standards and guidelines for that district.
(d) In the case of any exterior alteration or construction for which a Certificate of Approval is required, the proposed work will not frustrate the public interest expressed in this ordinance for protecting, promoting, conserving, and using the City's historic resources.
(2) Demolition or Removal. In determining whether to approve a Certificate of Approval for any demolition or removal of any landmark or structure within a historic district, the Landmarks Commission shall consider all of the following, and may give decisive weight to any or all of the following:
(a) Whether the structure is of such architectural or historic significance that its demolition or removal would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State.
(b) Whether a landmark's designation has been rescinded.
(c) Whether the structure, although not itself a landmark structure, contributes to the distinctive architectural or historic character of the historic district as a whole and therefore should be preserved for the benefit of the people of the City and the State.
(d) Whether demolition or removal of the subject property would be contrary to the policy and purpose of this ordinance and/or to the objectives of the historic preservation plan for the applicable historic district as duly adopted by the Common Council.
(e) Whether the structure is of such old and unusual or uncommon design, method of construction, or material that it could not be reproduced or be reproduced only with great difficulty and/or expense.
(f) Whether retention of the structure would promote the general welfare of the people of the City and the State by encouraging study of American history, architecture and design or by developing an understanding of American culture and heritage.
(g) The condition of the property, provided that any deterioration of the property which is self-created or which is the result of a failure to maintain the property as required by this chapter cannot qualify as a basis for the issuance of a Certificate of Approval for demolition or removal.
(h) Whether any new structure proposed to be constructed or change in use proposed to be made is compatible with the historic resources of the historic district in which the subject property is located, or if outside a historic district, compatible with the mass and scale of buildings within two hundred (200) feet of the boundary of the landmark site.
Prior to approving a Certificate of Approval for demolition, the Landmarks Commission may require the applicant to provide documentation of the structure. Documentation shall be in the form required by the Commission.
(3) Signs. The Commission shall approve a Certificate of Approval for signs if it finds that the following are true:
(a) Signs are located within the façade areas set aside for signs as part of the façade design or are integrated and compatible with the structure where the façade areas have not been set aside for signs;
(b) New signs shall be consistent with the traditional signage pattern locations on a structure or a property, and shall feature materials and style of illumination typical of the period of significance for the property or district;
(c) Signs shall comply with Chapter 31, MGO;
(d) Signs shall comply with specific standards and guidelines adopted for historic districts under this ordinance.
(4) Land Divisions and Combinations. The commission shall approve a Certificate of Approval for land divisions, combinations, and subdivision plats of landmark sites and properties in historic districts, unless it finds that the proposed lot sizes adversely impact the historic character or significance of a landmark, are incompatible with adjacent lot sizes, or fail to maintain the general lot size pattern of the historic district.
(Am. by ORD-25-00044, 6-27-25)
Madison General Ordinances § 41.19 VARIANCES.
41.19 - VARIANCES.
(1) General. A property owner who applies for a Certificate of Approval under Subchapter F may request a variance from one or more standards under Sec. 41.18. The Landmarks Commission may vary one or more standards under Sec. 41.18 for any of the following reasons:
(a) Economic hardship under sub. (4) below.
(b) Historic design under sub. (5) below.
(c) Alternative design under sub. (6) below.
(d) Projects which are necessary for the public interest under sub. (7) below.
(2) Variance Request. A property owner shall make a variance request under sub. (1) above on a form approved by the Landmarks Commission. The request shall include:
(a) The name and address of the property owner.
(b) The location of the property to which the request pertains.
(c) The Certificate of Approval application under Sec. 41.17 to which the variance request pertains.
(d) The type of variance requested under sub. (1).
(e) The specific standard or standards under Sec. 41.18 from which the owner requests a variance.
(f) The circumstances and supporting evidence that justify the requested variance.
(g) Any other materials requested by the Preservation Planner or Landmarks Commission.
(3) Hearing, Decision, and Appeal.
(a) The Landmarks Commission shall hold a public hearing on each variance request under sub. (1). The Commission shall give notice of the hearing as provided in Sec. 41.06. The Commission may combine the hearing with a hearing on the proposed Certificate of Approval to which the variance request pertains, provided that the hearing notice identifies both items.
(b) After it holds a public hearing on a variance request, the Commission shall grant or deny the request.
(c) The Commission's decision under par. (b) may be appealed to the Common Council, as provided under Sec. 41.20.
(4) Economic Hardship Variance. The Landmarks Commission may grant a variance from a standard under Sec. 41.18 if all of the following apply:
(a) Strict literal application of the standard would deny the property owner a reasonable rate of return on investment, or would impose upon the property owner an unreasonable and unnecessary financial hardship.
(b) The circumstances justifying the variance are unique to the property in question, and,
1. Were not caused by the owner's failure to maintain the property as required by this chapter; and
2. Does not apply to a substantial portion of the historic district or historic resources within two hundred (200) feet of the subject property; and
3. Will not alter the historic character of the historic district or historic resources within two hundred (200) feet of the subject property.
(c) The property owner documents the circumstances justifying the variance. The Landmarks Commission may publish evidentiary guidelines to assist property owners, and to ensure the Commission receives adequate documentation for variances granted under this subsection. Required documentation includes:
1. Property purchase costs;
2. Rental income;
3. Real estate listings, disclosure statements, asking prices, and purchase offers;
4. Tax assessments and real estate listing for comparable properties;
5. Improvements made, and improvement costs incurred, during ownership;
6. Routine maintenance costs incurred during ownership;
7. Costs to comply with the standard from which a variance is requested;
8. Other documentation reasonably requested by the Landmarks Commission.
(5) Historic Design Variance. The Landmarks Commission may grant a variance allowing, as part of the alteration of an existing structure, elements otherwise prohibited under Sec. 41.18 if all of the following apply:
(a) The property owner provides photographic or other evidence to show that other local structures, of similar age and style, incorporated similar elements as part of the original design.
(b) The proposed alteration complies with all other applicable standards under Sec. 41.18.
(c) The alteration will not destroy significant architectural features on the building.
(6) Alternative Design Variance. The Landmarks Commission may grant a variance allowing, in a new or altered structure, elements that are otherwise prohibited under Sec. 41.18 if all of the following apply:
(a) The elements will enhance the quality of the design.
(b) The design complies with all other applicable standards under Sec. 41.18.
(c) The design does not allow material deviations from historic district standards and guidelines that would undermine the character or purpose of the historic district.
(d) The design will have a beneficial effect on the historic character of the area within two hundred (200) feet of the subject property.
(7) Public Interest Variance. The Landmarks Commission may grant a variance allowing the construction of a new structure, or the alteration, demolition or removal of an existing structure, which would otherwise be prohibited under Sec. 41.18, if the Commission finds that a variance is necessary in the public interest. A variance is necessary in the public interest if the Commission finds all of the following:
(a) The proposed building, object, site or structure provides unique, high priority benefits to the general public.
(b) The benefits to the general public under sub. (7)(a) above substantially outweigh the strong public interest in preserving historic resources expressed in this chapter.
(c) There are no reasonable alternatives to granting a variance that would allow the proposed project to occur in the city and satisfy the standards of this chapter.
(Am. by ORD-25-00044, 6-27-25)
Madison General Ordinances § 41.20 APPEAL TO COMMON COUNCIL.
41.20 - APPEAL TO COMMON COUNCIL.
(1) The applicant, the alder of the district in which the subject property is located, or the owners of twenty percent (20%) of the number of parcels of property within two hundred (200) feet of the subject property may appeal to the Common Council the decision of the Landmarks Commission to approve or deny a Certificate of Approval or variance request.
(2) The appellant(s) shall file a petition of appeal with the City Clerk within fourteen (14) days of the Landmarks Commission's final decision. The petition shall indicate the identity and address of the petitioners and the specific grounds for appeal.
(3) Once a petition is filed, the City Clerk shall forward the petition to the Common Council. The Common Council shall set the appeal for a public hearing.
(4) After a public hearing, the Common Council may, by favorable vote of a majority of its members, reverse or modify the decision of the Landmarks Commission with or without conditions, or refer the matter back to the Commission with or without instructions, if it finds that the Commission's decision is contrary to the applicable standards under Secs. 41.18, 41.19, or any district-specific standards contained in Subchapter G.
(Am. by ORD-25-00044, 6-27-25)
Madison General Ordinances § 41.21 PENALTIES FOR FAILURE TO OBTAIN CERTIFICATE OF APPROVAL.
41.21 - PENALTIES FOR FAILURE TO OBTAIN CERTIFICATE OF APPROVAL.
(1) Permits. The Building Inspector shall not issue a permit allowing alteration, construction, demolition, removal, or for any other action for which a Certificate of Approval is required unless the certificate has been approved by the Commission and issued by the Preservation Planner or designee.
(2) Prohibition. No owner, operator, or person in charge of a landmark, landmark site or structure within an historic district shall cause or permit any painting of signs, alteration, construction, demolition or removal for which a Certificate of Approval is required unless such Certificate has been approved by the Commission.
(3) Penalty for Work Done Without, or in Violation of, a Certificate of Approval. In addition to any other penalty provided in this chapter, the Landmarks Commission, may order the removal or modification of any alteration, construction or other work that was performed without a required Certificate of Approval, or that was not performed in compliance with the conditions of a lawfully issued Certificate of Approval, when such work does not meet the applicable standards for a certificate under Subchapter F of this ordinance. Alternatively, the Commission may order renovation to make such work comply with those standards.
(Am. by ORD-25-00044, 6-27-25)
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=COORMAWIVOIVCH32--45_CH41HIPR_SUBCHAPTER_41FCEAPROLALASIHIDIFetched: 11/1/2026