Section 15.790 Downtown Design Review Overlay District.

15.790 Downtown Design Review Overlay District.

(1) Applicability. No person may erect, construct, reconstruct, move, or enlarge a commercial structure or commercial building, or alter a commercial building’s or commercial structure’s exterior architectural features or signs until a certificate of appropriateness has been obtained from the Community Development Authority (CDA), or in some instances, the Community Development Department (Department), of the City of Manitowoc. A certificate of appropriateness shall be in addition to any required building permit. A certificate of appropriateness shall not be required for interior alterations or design features not subject to any public view or for ordinary repairs and maintenance to the exterior of any structure or building where the purpose of such work is to correct any decay or damage and to restore, as nearly as practicable, its prior condition. The Community Development Department has the authority to issue a certificate of appropriateness for a sign or repainting of existing features within the District. Buildings located within the boundaries of a City of Manitowoc Historic District shall also be subject to MMC 15.650.

(2) Boundaries. The Downtown Design Review Overlay District shall include all commercial properties located within the area shown:

(3) Application. Application for a certificate of appropriateness shall be made in writing upon a form furnished by the Department. Applications shall include the following information: statement of ownership and control of the property affected; statement describing in detail the character and extent of improvements contemplated; site layout drawn to scale showing location, orientation, and dimensions of buildings and structures; front elevations and architectural definitions of buildings and structures by sketches, drawings, photographs or other information showing the proposed exterior alterations, additions, changes, or new construction as reasonably required by the CDA or the Department to make a decision. If the project requires the review of the CDA, the Department shall transmit the application for a certificate of appropriateness to the CDA for their determination.

(4) Findings. Before granting a certificate of appropriateness, the CDA or the Department shall find that to the maximum extent practicable:

(a) The historic or cultural significance of buildings or structures affected is maintained or enhanced;

(b) The architectural style, value and significance and general design arrangement, texture, material, and color of the architectural features of buildings and structures are visually and functionally coordinated with other buildings and structures in the area;

(d) Activity nodes such as plazas and arcades are created, retained and coordinated;

(e) Building facades and other appurtenances such as fences, walls, and landscaping are coordinated to form cohesive walls of enclosure along streets or other public ways;

(f) The scale, orientation, and directional expression of buildings and structures are visually and functionally coordinated with other buildings and structures in the area;

(g) Views are protected, created, or enhanced; and

(h) Conformance with the Downtown Manitowoc Design Guidelines as adopted by the CDA.

(5) Procedures. If the review is to be completed by the Department, the review shall be completed within 30 days of receipt of a completed application. After completion of the review, the Department shall transmit written notice of its findings and, if approved, a certificate of appropriateness to the applicant. Failure of the Department to act within 30 days shall be deemed as approval of the application and a certificate of appropriateness shall be issued. If the review requires the approval of the CDA, the Department shall transmit the application for a certificate of appropriateness, together with the supporting information and materials to the CDA. The CDA shall act upon the application within 30 days of the filing thereof. Failure of the CDA to act within 30 days shall be deemed as approval of the application and a certificate of appropriateness shall be issued. Nothing herein shall prohibit an extension of time where mutual agreement has been made and the CDA may advise the application and make recommendations in regard to the application. If the CDA approves the application, a certificate of appropriateness shall be issued. If the CDA disapproves the application, a certificate of appropriateness shall not be issued. If the CDA disapproves an application, it shall provide the applicant written notice of its findings.

(6) Appeals. Any applicant or person aggrieved by a final decision of the Department shall have the right to appeal and be heard before the CDA provided a written appeal is filed with the City Clerk within 30 days of receipt of a written decision from the Department. The City Clerk shall notify the Department and the item shall be placed on the next regularly scheduled meeting of the CDA. A concurring vote of at least two-thirds of the CDA shall be necessary to reverse a decision of the Department. Any applicant or person aggrieved by a final decision of the CDA shall have the right to appeal and be heard before the Common Council provided a written appeal is filed with the City Clerk within 30 days of the CDA decision. The City Clerk shall notify the Mayor and schedule a public hearing before the Common Council not less than 30 days after the filing with the City Clerk. A Class 2 notice pursuant to Wis. Stat. Ch. 985 shall be published in the official newspaper of the City specifying the date, time, and place of the hearing and the matters to come before the Common Council. A concurring vote of at least two-thirds of the Common Council present at the proceedings shall be necessary to reverse a final decision of the CDA.

(7) Violations and Penalties. Failure to comply with the requirements under this section is subject to penalties under MMC 15.630.

[Ord. 21-688 § 1, 2021; Ord. 20-599 § 3, 2020]