Fiscal Note
No City appropriation required.
Title
Amending Sections of Chapter 41 and associated references in Chapters 1, 28, and 31 of the Madison General Ordinances related to historic landmark buildings to update definitions and amend guidelines.
Body
DRAFTER’S ANALYSIS: This ordinance makes amendments to the following:
Computation of Time: Currently the ordinance specifies ten(10) days public notice for projects that require public noticing. But there is a separate provision on how to count those days that specifies not including weekends and holidays. This has led to fluctuating timelines for public notice, making it difficult for the public and staff to predict the correct deadlines. Shifting to counting all days rather than excluding some from the calculation and then making the public noticing fourteen (14) days will achieve the intent of the original provision while also making it more predictable for all users.
“Appropriate”: The word “appropriate” has a challenging history in urban planning and often represented a race-based exclusionary agenda. The text amendment would substitute Certificate of Approval to replace Certificate of Appropriateness (“CoA”). The CoA process is about meeting the design standards of approval and not a more subjective sense of appropriateness. It also clarifies what the document actually is. The CoA is not a declaration that a building is appropriate, but that the work is approved and construction can proceed. Certificate of Appropriateness is also referenced in Chapters 1, 28, and 31.
Size of Accessory Structures and Additions: The ordinance originally included a requirement that additions and accessory structures over one hundred (100) square feet needed a CoA, which aligned with the requirements for accessory structures that needed architect or engineer stamped plans for building permits. That size for the building permitting process has increased to one hundred and fifty (150) square feet. In order to provide consistency with City processes and reviews, we are proposing to amend our language from one hundred (100) to one hundred and fifty (150) square feet.
Alterations on the Sides of Buildings: For project reviews, staff expects to see changes, including additions on the sides and rear of a building. Currently the language for alterations specifies that changes be limited to only areas not visible from the developed public right-of-way, but additions would be allowed in these locations. Borrowing from the language used for introducing skylights, the alterations on the sides of buildings would allow for modifications of window openings on sides, stepped back twelve (12) feet from the front edge of the building.
Indigenous Materials and Craftsmanship: When the ordinance was first written fifty (50) years ago, the definition for vernacular frequently used the word “indigenous” when talking about incorporating locally-sourced natural materials into a building’s construction. Word usage has changed with time and a more accurate and clear word choice would be to call it “local materials.” This differentiates between the work of indigenous peoples, such as the Ho-Chunk, and the work of later residents in Madison. For example, historic mounds are constructed of indigenous materials by indigenous craftspeople. A Madison sandstone house is constructed with local materials, likely by a local craftsperson.
“Master”: Replacing the term “master” for accomplished builders, designers, or architects to “of note” to better communicate the ordinance’s intention to celebrate the art of accomplished craftspeople.
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Please see Legistar File No. 88383 Body in Attachments.