Section 15.650 Historic Preservation.

15.650 Historic Preservation.

(1) Purpose and Intent. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is considered a public necessity for the health, prosperity, safety and welfare of the people of Manitowoc. The purpose of this section is to:

(a) Effect and accomplish the protection, enhancement, and perpetuation of such individual buildings, sites or objects and of districts which represent or reflect elements of the City’s cultural, social, economic, political, engineering and architectural history;

(b) Safeguard the City’s historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts;

(d) Foster civic pride in the beauty and noble accomplishments of the past;

(e) Protect and enhance the City’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry;

(f) Strengthen the economy of the City; and

(g) Promote the use of historic structures, sites and districts for the education, pleasure and welfare of the people of the City.

(2) Definitions. In this section, unless the context clearly requires otherwise:

Historic district is an area designated by the Common Council on recommendation of the Commission, composed of two or more improvement parcels that together comprise a district of special character or special historic interest or value as part of the development, heritage or cultural characteristics of the City, State or Nation, and which has been designated as an historic district pursuant to the provisions of this chapter.

Historic Preservation Commission or Commission as referenced in this section means the Community Development Authority (CDA) of the City of Manitowoc, except under subsections (4)(c) and (e) of this section when Commission shall mean the City Plan Commission.

Historic site means any parcel of land whose historic significance is due to a substantial value in tracing the history of aboriginal people, or upon which an historic event has occurred, and which has been designated as an historic site under this section, or an improvement parcel, or part thereof, on which is situated an historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.

Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the City, State or Nation and which has been designated as an historic structure pursuant to the provisions of this chapter.

Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment.

Improvement parcel is the unit of property which includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes.

(3) Historic Structures and Sites Designation Criteria.

(a) For purposes of this chapter, an historic structure or historic site designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural or cultural significance to the City, such as historic structures or sites which:

1. Exemplifies or reflects the broad cultural, political, economic or social history of the Nation, State or community; or

2. Is identified with historic personages or with important events in National, State or local history; or

3. Embodies the distinguishing characteristics of an architectural type or specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or

4. Is representative of the notable work of a master builder, designer or architect whose individual genius influenced his age; or

5. Has been identified in the “Manitowoc Intensive Resource Survey Final Report,” dated June 1988, or any subsequent revision thereto, as an individual building or area considered historically or architecturally significant by National Register standards.

(b) The Commission may adopt specific operating guidelines for landmark sites designation providing such are in conformance with the provisions of this subsection.

(4) Powers and Duties.

(a) Designation. The Commission shall have the power, subject to subsection (5) of this section, to recommend to the Common Council the designation of historic structures, historic sites and historic districts within the City. Such designations shall be made based on the criteria in subsection (3) of this section. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter. Historic district designations must also first be approved by the Common Council.

(b) Regulation of Construction, Reconstruction and Exterior Alteration.

1. Any application for a permit from the Director of Building Inspection involving the exterior of a designated historic site or structure within an historic district shall be filed with the Historic Preservation Commission.

2. No owner or person in charge of an historic site or structure within an historic district shall reconstruct or alter all or any part of the exterior of such property or construct any improvement upon such designated property or properties within an historic district or cause or permit any such work to be performed upon such property unless a certificate of appropriateness has been granted by the Historic Preservation Commission. Unless such certificate has been granted by the Commission, the Director of Building Inspection shall not issue a permit for any such work.

3. Upon filing of any application with the Historic Preservation Commission, the Commission shall determine:

A. Whether, in the case of a designated historic structure or site, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement upon which said work is to be done;

B. Whether, in the case of the construction of a new improvement upon an historic site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site; and

C. Whether, in the case of any property located in an historic district designated hereunder, the proposed construction, reconstruction or exterior alteration does not conform to the objectives and design criteria of the historic preservation plan for said district as duly adopted by the Common Council.

4. If the Commission determines subsections (4)(b)(3)(A), (B) and (C) of this section in the negative, it shall issue the certificate of appropriateness. Upon the issuance of such certificate, the building permit shall then be issued by the Director of Building Inspection. The Commission shall make this decision within 30 consecutive calendar days of the date the application has been filed. Should the Commission refuse to issue a certificate of appropriateness due to the failure of the proposal to conform to the above guidelines, the Commission shall state in writing the reasons for its refusal. In such event, the applicant may appeal such decision to the Common Council, which may grant said certificate by a two-thirds vote only, and then only upon a clear showing of economic hardship by the applicant. In addition, if the Commission fails to issue a certificate of appropriateness, the Commission shall, at the request of the applicant, cooperate and work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter.

(c) Regulation of Demolition. No permit to demolish all or part of an historic structure, or improvement in an historic district, shall be granted by the Director of Building Inspection except as follows:

1. No person in charge of an historic district shall be granted a permit to demolish such property under any circumstances without first receiving the written approval of the City Plan Commission;

2. At such time a person applies for a permit to demolish such property, a written request shall be filed with the City Plan Commission. Upon receipt of a written request, the City Plan Commission may refuse to grant such written approval for a period of up to 180 consecutive calendar days from the date of receipt of such request, during which time the City Plan Commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the City Plan Commission shall cooperate in attempting to avoid demolition of the property. At the end of this 180-day period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the Director of Building Inspection may issue a permit to demolish the subject property without the approval of the Commission, subject to the Director’s approval of a site plan which details the post-demolition activities, condition and use of the property, and is prepared pursuant to MMC 15.370(2) (including performance agreement and letter of credit requirements if deemed applicable by the Director), and which further meets the requirements under MMC 16.070(5) for the property upon which the structure to be demolished is located. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and available for disbursement within a 60-consecutive-calendar-day period following the end of such 180-day period, the Director of Building Inspection may issue the permit to demolish the subject property without the approval of the Commission;

3. In determining whether to issue a certificate of appropriateness for any demolition, the Commission shall consider and may give decisive weight to any or all of the following:

A. Whether the building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State;

B. Whether the building or structure, although not itself a designated historic structure, contributes to the distinctive architectural or historic character of this historic district as a whole and therefore should be preserved for the benefit of the people of the City and the State;

C. Whether demolition of the subject property would be contrary to the purpose and intent of this section as set forth in subsection (1) of this section and to the objectives of the historic preservation plan for the applicable district as duly adopted by the Common Council;

D. Whether the building or structure is of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense;

E. Whether retention of the building or 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;

F. Whether the building or structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it; provided, that any hardship or difficulty claimed by the owner which is self-created or which is the result of any failure to maintain the property in good repair cannot qualify as a basis for the issuance of a certificate of appropriateness; and

G. Whether any new structure proposed to be constructed or change in use proposed to be made is compatible with the buildings and environment of the district in which the subject property is located.

4. Any decision to deny a certificate of appropriateness shall include a written statement of the reasons for such denial. Any appeal from the decision of the Commission to grant or deny a certificate of appropriateness, whether this determination is made upon receipt of the application for a demolition permit or at the end of the one-year period in a case where action on the application has been suspended, or to suspend action on a demolition application may be taken to the Common Council by the applicant for the demolition permit or by the alderperson of the district in which the subject building or structure is located. Such appeal shall be initiated by filing a petition to appeal, specifying the grounds therefor, with the City Clerk within 10 consecutive calendar days of the date the final decision of the Commission is made. The City Clerk shall file the petition to appeal with the Common Council. After a public hearing, the Common Council may, by favorable vote of two-thirds of its members, reverse or modify the decision of the Commission if, after balancing the interest of the public in preserving the subject property and the interest of the owner in using it for his or her own purposes, the Common Council finds that, owing to special conditions pertaining to the specific piece of property, demolition will preclude any and all reasonable use of the property and/or will cause serious hardship for the owner; provided, that any self-created hardship shall not be a basis for reversal or modification of the Commission’s decision.

(d) Recognition of Historic Structures and Historic Sites. At such time as an historic structure or site has been properly designated in accordance with subsections (3) and (5) of this section, the Commission may cause to be prepared and erected on such property, at public expense, a suitable plaque declaring that such property is an historic structure or site. Such plaque shall be so placed as to be easily visible to passing pedestrians.

(e) Sale of Historic Structures and Historic Sites. Any party who is listed as the owner of record of an historic structure or site at the time of its designation, who can demonstrate to the Commission that by virtue of such designation said owner is unable to find a buyer willing to preserve such an historic structure or site, even though the owner has made reasonable attempts in good faith to find and attract such a buyer, may petition the Commission for a rescission of its designation. Following the filing of such petition with the secretary of the Commission:

1. The owner and the Commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation;

2. If, at the end of a period not exceeding 180 consecutive calendar days from the date of such petition, no such buyer can be found, and if the owner still desires to obtain such rescission, the Commission shall rescind its designation of the subject property;

3. In the event of such rescission, the Commission shall notify the City Clerk, the Director of Building Inspection, and the City Assessor of same, and shall cause the same to be recorded, at its own expense, in the office of the Manitowoc County Register of Deeds; and

4. Following any such rescission, the Commission may not redesignate the subject property an historic structure or site for a period of not less than five years from the date of rescission.

(f) Other Duties. In addition to those duties already specified in this section, the Commission shall:

1. Cooperate with the Historic Preservation Offices for the State of Wisconsin, and the State Historic Preservation Review Board, in attempting to include such properties hereunder designated as historic structures, sites, or districts in the National Register of Historic Places;

2. Work for the continuing education of the citizens about the historic heritage of this City and the historic structures and sites designated under the provisions of this section; and

3. As it deems advisable, receive and solicit funds for the purpose of historic preservation in the City. Such funds shall be placed in a special City account for such purpose.

(5) Procedures.

(a) Designation of Historic Structures, Historic Sites and Historic Districts. The Commission may, after notice and public hearing, establish historic structures and sites and may recommend historic districts, or rescind such designation or recommendation, after application of the criteria in subsection (3) of this section. At least 10 consecutive calendar days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected. These owners shall have the right to confer with the Commission on the designation. Notice of such hearing shall also be published as a Class 1 notice under the Wisconsin Statutes. The Commission shall also notify the following: City Engineer, Community Development Authority, Fire and Police Departments, Building Inspection Department, and Plan Commission. Each such department shall respond to the Commission within 30 consecutive calendar days of notification with its comments on the proposed designation or rescission. The Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses as it deems necessary. The Commission may conduct an independent investigation into the proposed designation or rescission. Within 10 consecutive calendar days after the close of the public hearing, the Commission may recommend designation of the property as either an historic structure, an historic site, or recommend its inclusion in an historic district, or may recommend rescinding the designation and state its reasons therefor. After the recommendation for designation, denial or rescission has been made, notification shall be sent to the property owner and to the persons who appeared at the public hearing. Notifications shall also be given to the City Clerk, Director of Building Inspection and the City Assessor. The recommendation shall be forwarded to the Common Council for concurrence or rejection by a majority vote.

(b) Voluntary Restrictive Covenants. The owner of any historic structure or site may, at any time following such designation of his property, enter into a restrictive covenant on the subject property after negotiation with the Commission. The Commission may assist the owner in preparing such covenant in the interest of preserving the historic property. The owner shall record such covenant at the Manitowoc County Register of Deeds, and shall notify the City Assessor of such covenant and the conditions thereof.

1. For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as historic districts and shall, with the assistance of the City Planning Department, prepare an historic preservation plan in ordinance form for each area. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the City which meets the requirements of subsection (3)(a) of this section.

2. Criteria for the Review of Alterations in Historic Districts.

A. Height. All additions shall be no higher than the existing building.

B. Second Exit Platforms. Second exit platforms shall not be applied to the front or sides of a building, unless they are not visible from the street.

C. Solar Apparatus. Passive and active solar apparatus will be allowed only if such devices do not detract from the architectural integrity of the building and are as unobtrusive as possible. Solar apparatus will not be permitted if such devices hide from the street view significant architectural features of the building or neighboring buildings, if their installation requires the loss of significant architectural features, or if they are of such a large scale that they become a major feature of the design.

D. Repairs. Repairs in materials that exactly duplicate the original composition, texture and appearance are encouraged. Repairs with new materials that duplicate the original in texture and appearance are also permitted.

Repairs with materials that do not duplicate the original in appearance will be permitted on an individual basis if the repairs are compatible with the character and materials of the existing building and if repairs that duplicate the original in appearance are prohibitively expensive.

E. Restoration. Projects that will return the appearance of the building to an earlier appearance are encouraged and will be permitted if such projects are documented by photographs, architectural or archeological research, or other suitable evidence.

F. Re-Siding with Aluminum or Vinyl. Re-siding with aluminum or vinyl that replaces clapboards or non-original siding on buildings originally sided with clapboards will be permitted only if the new siding imitates the width of the original siding within one inch; and provided, that all architectural details (such as window trim, wood cornices, and ornament) either remain uncovered or are duplicated exactly in appearance.

Siding that imitates wood graining will not be permitted.

If more than one layer of siding exists on the building, all layers except the first must be removed before new siding is applied. If insulation is applied under the new siding, all trim must be built up so that it projects from the siding as in the original.

G. Storms, Screens and Storm Doors. The repair and retention of original storms, screens and storm doors, or the replacement of same with new units that duplicate the original in materials and appearance, is encouraged. Replacements with non-original materials, such as combination metal components, may also be permitted. If metal components are used, owners are encouraged to use metal components which have been factory-enameled. Painting of raw aluminum storms after a year of weathering of the finish is encouraged. Storm doors that imitate a specific style shall be permitted only if the style matches the architectural character of the house.

H. Additions and Alterations to Street Facades. The appearance of all street facades of a building shall not be altered unless the design is sensitive to the historic character of the building. Specifically, the design shall be compatible with the existing building in scale, color, texture and the proportion of solids to voids. Materials and architectural details used in such alterations and additions shall either match those on the existing building or shall be materials and details used for the original construction of other buildings in the historic district of similar materials, age, and architectural style.

I. Additions and Alterations Not Visible from the Street. Additions and alterations that are not visible from streets contiguous to the lot lines will be permitted if their design is compatible with the scale of the existing house and in addition, materials used shall be compatible with the existing in texture, color and architectural details. Alterations shall harmonize with the architectural design of the building, rather than contrast with it.

J. Side Additions. Side additions shall be set back from the front wall of the building.

K. Alterations to the Roof. Roof alterations, resulting in an increased building volume, to provide additional windows, headroom, or area are not permitted unless approved by the Commission. In addition, the roof shape of the front of the building shall remain the same, unless the owner wishes to restore an earlier, documentable appearance.

Roof alterations on the back and sides of the building shall be compatible with the design of the house.

If the existing roofing material is the same as the original, changes in the appearance of roofing materials (not including color) will not be permitted except when the repair of the existing roof is unfeasible and the cost of replacing it in kind is prohibitive. The new roof shall match the original in appearance (not including color) as closely as is economically possible.

If the existing roofing material is not original to the house, the new roofing materials shall harmonize in color with the house. Thick wood shakes, rolled roofing and hexagonal shingles will not be allowed. Restoration to a documentable earlier appearance is encouraged.

3. Criteria for the Review of New Construction in Historic Districts.

A. New buildings constructed in a designated historic district shall be designed and constructed with materials compatible with size, height and materials of existing buildings within the district. Plans for all new buildings will be reviewed for appropriateness by the Historic Preservation Commission and Plan Commission as currently allowed by the Zoning Ordinance.

B. Accessory buildings shall be compatible with the design of the principal buildings on the same zoning lot, and shall be as unobtrusive as possible.

4. Review and Adoption Procedures.

A. Historic Preservation Commission. The Historic Preservation Commission shall hold a public hearing when considering the plan for an historic district. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 notice under the Wisconsin Statutes. Notice of the time, place and purpose of the public hearing shall also be sent by the City Clerk to the alderperson of the aldermanic district or districts in which the historic district is located, as well as the record owners of property situated in whole or in part within 200 feet of the boundaries of the proposed historic district. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan. This recommendation shall be forwarded to the City Plan Commission for review and recommendation, and to the Common Council for final action.

B. The City Plan Commission. The City Plan Commission shall review the historic district plan within 30 consecutive calendar days from the date the document has been referred to the City Plan Commission, and shall make a recommendation to the Common Council.

C. The Common Council. The Common Council, upon receipt of the recommendations from the Historic Preservation Commission and City Plan Commission, may hold a public hearing, with notice to be given as noted in subsection (5)(c)(4)(A) of this section and shall, following the public hearing, either designate or reject the historic district.

Designation of the historic district shall constitute adoption of the plan in ordinance form prepared for that district, and shall further direct the implementation of said plan.

(6) Conformance with Regulations. Every person in charge of any historic structure, historic site or improvement in an historic district shall maintain same or cause or permit it to be maintained in a condition consistent with provisions of this section.

The Director of Building Inspection and his designates are authorized to enforce this section. The duties of the Director of Building Inspection shall include periodic inspection at intervals provided by the City Council of designated historic structures, sites and districts. These inspections may include physical entry upon the property and improvements, with permission of the owner, to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement.

(7) Maintenance of Historic Structures, Historic Sites and Historic Districts.

(a) Every person in charge of an improvement at a historic site or in an historic district shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.

(b) Insofar as they are applicable to an historic structure, historic site or improvement in an historic district designated under this section, any provision of any applicable building or plumbing code as adopted in Chapter 16 MMC, or any sign regulations may be varied or waived, on application, by the appropriate board having such jurisdiction over such chapter or, in the absence of such board, by the Director of Building Inspection, provided such waiver does not endanger public health or safety.

(8) Conditions Dangerous to Life, Health or Property. Nothing contained in this section shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any historic structure, any improvement on a historic site or in a historic district pursuant to order of any governmental agency or pursuant to any court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the Commission shall be required.

(9) Applicability. The following districts have been established in conformance with subsections (3)(a) and (5)(c) of this section and are subject to the restrictions of this section:

(a) 8th Street Historic District.

(10) Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.

[Ord. 20-599 § 2, 2020; Ord. 11-430 §§ 19 – 34, 2011. Prior code § 15.65]