Waukesha landmarks panel reviews broad rewrite of code to add enforcement, chair term and appeal process

The Waukesha Landmarks Commission spent the bulk of its Oct. 1 meeting reviewing a draft rewrite of Chapter 28 of the city code that staff says would formalize how the commission approves work on historic properties and give it clearer enforcement tools.

Charlie, community development staff, told commissioners the changes would allow the commission “to enforce its ordinance, imposing conditions specifically in time limits,” and would add procedures for appeals, a staff responsibility to prepare applications and fees, and a chair with a one-year term beginning May 1.

Why it matters: The revisions would change how the commission handles work on historic properties by clarifying which items need a Certificate of Appropriateness (COA), creating a process to put incomplete applications on hold, and allowing the commission to require corrective work and set deadlines when work is done without approval. That could speed enforcement and make approvals more consistent, but it also raises concerns about application burdens and owner rights.

Among the specific changes discussed, Charlie said the proposed factors for approval would reference the commission’s published design guidelines “amended from time to time” rather than older language about compliance with a historic preservation plan. He also described a range of procedural edits: clarifying the definition of improvements (excluding usual site landscaping), removing redundant language about member composition, and adding an appeals procedure that would require council review in open session.

Public comment and commissioner concerns: Lisa Selb, a resident and former Landmarks Commission chair, urged caution about new application requirements and timing. She told the commission she was “concerned” that the draft’s wording could force homeowners to obtain professional estimates or elevation drawings for relatively small projects, which “might make the project something that they can't do.” She also questioned a provision that would bar redesignation of a property as a landmark within five years without owner permission and noted that as a certified local government Waukesha must ensure owner-consent rules do not conflict with state guidance.

Commission members pressed staff on several practical points: whether demolition rules are already covered by building codes (staff confirmed a COA and a demolition permit would both be required), how long applicant-approved work should remain valid, whether the 90‑day corrective timelines and citation authority would mirror existing building-permit enforcement, and how the May 1 chair term aligns with council appointment timing. Charlie said staff expects to go to the Planning Commission in October, with Common Council review tentatively in November and December, and he offered to circulate a final draft to the commission before those hearings.

Next steps: Staff recommended that commissioners submit written comments or request a special meeting if they want more time. Charlie also said he has sought input from the State Historic Preservation Office and that a CLG advisor indicated the draft generally meets state standards but flagged the section on relief for owners as an area for further research. The Planning Commission is the next formal stop; any council vote would come later this year.