In order to promote the economic and general welfare of the people of the City and of the public generally, and to insure the harmonious, orderly and efficient growth and development of the City, it is deemed to be essential by the Council that the qualities relating to the history of the City and a harmonious outward appearance of a structure which preserves property values and attracts tourists and residents alike be preserved; some of these qualities being the continued existence and preservation of historic areas and buildings; continued construction of buildings in historic styles and general harmony as to style, form, color, proportion, texture and material between buildings of historic design and those of more modern design; that such purpose is advanced through the preservation and protection of the old historic or architecturally worthy structures and quaint neighborhoods which serve as visible reminders of the historical and cultural heritage of the City, the State of Ohio and the Nation. Parking is an essential concern for the on going economic vitality of the Historic District and should be of primary concern.

(Ord. 20-1978. Passed 9-19-78.)

   (a)   The Historic District shall be a floating zoning district and shall be superimposed over other residential, business, or industrial districts (see attached map). In addition, the District shall include other noncontiguous parcels so designated by the Historic Preservation Commission and delineated by lot numbers, as part of an Historic District or a landmark shall be designated with the suffix "H" following the District symbol, such as R-1 (H) for a Single-Family Low Density Suburban Residential District. Designation of an Historic District or a landmark shall not affect the uses permitted in such a district.

   (b)   Beginning at a point in the center of the intersection of Leaver Road and Locust Street. Thence in a southeasterly direction to the center of the intersection of Locust Street and Water Street, and proceeding in a southwesterly direction to the center of the intersection of Water Street and Ohio Court. Thence southeasterly to the intersection of Ohio Court and the center line of Fenn Place. Thence northeasterly along the rear property lines dividing lots 314, 315 and 316 from lots 305, 306, 307 presently owned by the Board of Education. Proceeding across Locust Street and northeasterly on Fenn Place to the center of the intersection of Fenn Place and Utah Court and Market Street. Thence easterly to the center of the intersection of Market Street and Cherry Street. Proceeding southwesterly to a point in the center of Cherry Street that intersects the extension of the northeast boundary of out lot 42 and following the boundary of out lot 42 to a point where it intersects the rear boundary of lot 430. Proceeding southwesterly on the rear boundary of lots 430, 429, 428 and 427 to the intersection of Dakota Street and Fisk Place. Continuing in a straight line southwesterly down the center of Fisk Place to the intersection of Fisk Place and Ohio Court. Thence southeasterly on the center of Ohio Court to the center of Norton Street continuing southwesterly on Norton Street to the center of Canal Street. Thence southeasterly to the intersection of Canal Street and the center of Cornell Place, then proceeding southwesterly on Cornell Place and continuing southwesterly in a direct line across the Canal and through out lot 19 across the Tuscarawas River to the intersection with the easterly Conrail tracks. Proceeding generally northwesterly along the track to a point at the intersection of a line extending southwesterly from the center of Water Street to the track. Thence northeasterly along such extension and Water Street to the intersection of Water Street with the center of Walnut Street. Thence northwesterly on Walnut Street to the intersection with an unnamed alley between lot 240 and lots 355 and 369. Proceeding across High Street and northeasterly on Leaver Road to the true point of beginning.

   (c)   Permitted or conditional uses, lot and yard requirements and building height shall be regulated by such requirements as are contained in the various residential, business and industrial districts of the Zoning Ordinance.

   (d)   Where this District imposes a greater restriction upon the use, location, size or character of buildings or premises than are imposed or required by other regulations, this chapter and such other regulations shall both apply.

(Ord. 20-1978. Passed 9-19-78.)

   (a)   Modification of the District shall follow the procedure in appendix of the Zoning Code as it pertains to a change in any zoning district. The majority of the structures in the area must meet the following criteria:

   HISTORICAL, CULTURAL IMPORTANCE

      (1)   Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or Nation; or is associated with the life of a person significant in the past; or

      (2)   Is the site of an historic event with a significant effect upon society; or

      (3)   Exemplifies the cultural, political, economic, social or historic heritage of the community; or

   ARCHITECTURAL, ENGINEERING IMPORTANCE

      (4)   Portrays the environment in an era of history characterized by a distinctive architectural style; or

      (5)   Embodies those distinguishing characteristics of an architectural type or engineering specimen; or

      (6)   Is the work of a designer whose individual work has significantly influenced the development of Canal Fulton; or

      (7)   Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or

   GRAPHIC IMPORTANCE

      (8)   By being part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or

      (9)   Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or city; or

   ARCHEOLOGICAL IMPORTANCE

      (10)   Has yielded, or may be likely to yield, information important in pre-history or history.

(Ord. 20-1978. Passed 9-19-78.)

   (b)   For the purposes of this chapter, the following words are defined as follows:

      (1)   "Alteration" means any act or process that changes either one or more of the exterior architectural features of a structure; or one or more of the physical features of a site or district.

      (2)   "Certificate of appropriateness" means a certificate issued by the Historic Preservation Commission showing approval of plans for construction, alteration, demolition, or relocation of structures that would affect the Historic District or a Historical Landmark.

      (3)   "Compatibility" means consistent with, harmonious with, and/or enhancing the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures.

      (4)   "Demolition" means the substantial deterioration or complete or substantial removal or destruction of any historic structure or any structure which is located with the Historic District.

      (5)   "Designated Historic District" means the geographically definable area that has been designated as such by the City because of its historic significance and importance to the community and is officially included in the City, the County of Stark, the State of Ohio, and the National Register of Historic Places.

      (6)   "Designated Historic Landmark" means a structure or site within the City of Canal Fulton officially included in the City, County of Stark, State of Ohio, and the National Register of Historic Places.

      (7)   "Exterior Architectural Features" means the exterior architectural features of a structure, including, but not limited to the color, kind and texture of building materials, and the type, design and character of windows, door and appurtenances.

      (8)   "Historic Preservation Commission" means the citizen's commission appointed by the Mayor of the City of Canal Fulton and approved by its City Council to make recommendations on the designation and preservation of the Historic District, historic landmarks and historic structures and to administer the City's historic preservation program.

      (9)   "Historic property" means the cultural resources, including buildings, structures, objects, sites and district, that are of historic significance.

      (10)   "Historic significance" means the attributes of the Historic District, a site or structure that possess integrity of location, design, setting, materials, workmanship, feeling and association, and

         A.   That are associated with events that have made a significant contribution to the patterns of our history; or

         B.   That are associated with the lives of persons significant in our past; or

         C.   That embody the distinctive characteristics of a type, period or method of construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

         D.   That have yielded, or may be likely to yield, information important in history.

      (11)   "Noncontributing structures" means structures or physical features that may be within the Historic District, but are not of historic significance per se; however, the relationship of these structures with the contributing structures may be important in the preservation of the Historic District.

      (12)   "Site" means the scene of an activity that has historic significance to the City. The site may or may not include structures; for example: parks, abandoned mining or agricultural areas, and archeological site.

(Ord. 9-03. Passed 4-1-03.)

   (c)   The Historic Preservation Commission and the City Council shall consider the following criteria in reviewing nominations of properties for designation:

      (1)   Historic landmarks. Historic landmarks must be at least fifty years old and meet one or more of the criteria for architectural, social/historic or geographic/environmental significance as described below.

      Architectural Criteria:

         A.   Exemplifies special elements of an architectural style or period.

         B.   Example of the work of an architect or builder who is recognized for expertise nationally, statewide, regionally, or locally.

         C.   Demonstrates superior craftsmanship or high artistic value.

         D.   Represents an innovation in construction, materials or design.

         E.   Style particularly associated with Canal Fulton, Stark County, or one of its neighborhoods.

         F.   Represents a built environment of a group of people in an era of history.

         G.   Pattern or grouping of elements representing at least one of the above criteria.

         H.   Significant historic renovation.

      Social/Historic Criteria.

         A.   Site of historic event that had an effect upon society.

         B.   Exemplifies cultural, political, economic or social heritage of the community.

         C.   Association with a notable person or the work of a notable person.

      Geographic/Environmental Criteria.

         A.   Enhances sense of identity of the community.

         B.   An established and familiar natural setting or visual feature of the community.

      Historic Sites Shall Meet One or More of the Following Criteria:

         Architectural Criteria.

         A.   Exhibits distinctive characteristics of a type, period or manner of construction.

         B.   A unique example of structure.

         Social/Historic Criteria.

         A.   Demonstrable potential to make an important contribution to the knowledge of the area's history.

         B.   An association with an important event in the area's development.

         C.   An association with a notable person(s) or the work of a notable person(s).

         D.   A typical example/association with a particular ethnic group.

         E.   A unique example of an event in the history of Canal Fulton.

         Geographic/Environmental Criterion.

         A.   Geographically or regionally important.

      All sites will be evaluated for their physical integrity using the following criteria, but a site need not meet all of the following criteria:

         A.   Shows character, interest or value as part of the development, heritage or cultural characteristics of the community, region, state, or nation.

         B.   Retains original design features, materials and/or character.

         C.   Original location or same historic context after having been moved.

         D.   Has been accurately reconstructed or restored based on documentation.

(Ord. 10-03. Passed 4-1-03.)

   (a)   Composition and Appointment. The Historic Preservation Commission shall consist of seven members appointed by the Mayor with the advice and consent of Council. The members shall be appointed from each of the following organizations or professions:

      (1)   The Canal Fulton Heritage Society;

      (2)   The Canal Fulton Chamber of Commerce;

      (3)   The Canal Fulton Planning Commission;

      (4)   An architect, landscape architect or city planner;

      (5)   The Canal Fulton Council;

(Ord. 20-1978. Passed 9-19-78.)

      (6)    A homeowner who resides in the District.

      (7)   An owner of a business property located within the District. Such business property owner shall also be a resident of the City of Canal Fulton, Ohio. Architects, Landscape Architects or City Planners mentioned in 1175.04(a)(4) may be nonresidents.

(Ord. 45-92. Passed 10-6-92.)

   (b)   Compensation. Members of the Preservation Commission shall serve without pay but may be reimbursed by the City for necessary expense incurred in connection with their duties.

   (c)   Organization; Officers; Rules; Meetings.

      (1)   At their first meeting, members shall elect officers who shall serve terms of one year.

      (2)   The Commission shall establish any rules necessary for the orderly conduct of its business.

      (3)   All meetings of the Preservation Commission shall be open to the public.

      (4)   The Commission shall keep a record, which shall be open to the public, of its resolutions, procedures and action.

   (d)   Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:

      (1)   To recommend to Council the geographic boundaries of additions to or changes in the Historic District, and to recommend those buildings and structures which should be designated Historic Landmarks.

(Ord. 20-1978. Passed 9-19-78.)

      (2)   To review applications for zoning permits within the Historic District for conformance with these regulations, and to issue certificates of appropriateness prior to issuance of any building or zoning permit, pertaining to exterior signage, landscaping, construction, erection, alteration, removal, moving or demolition of any building within the Historic District or any structure or lot designated as an Historic Landmark.

(Ord. 20-1978. Passed 9-19-78; Ord. 23-87. Passed 5-19-87.)

      (3)   To advise the Planning Commission, Council and others on matters involving structures and areas of historic or architectural significance. Further, to assemble and make available information pertaining to historic preservation.

      (4)   To conduct such studies and research on the historic or architectural significance of buildings, structures, features, sites, objects and surroundings in the City as are necessary and to adopt general criteria for the review of proposed construction or alteration within the Historic District.

      (5)   To hold such public hearings or meetings as the Preservation Commission may deem necessary or appropriate to the conduct of its business.

      (6)   To make recommendations concerning the establishment of an appropriate system of markers for historic structures and areas, to advise owners or residents of historically and/or architecturally significant structures or areas on problems and techniques, and resources for historic preservation, to make recommendations concerning the preparation of maps, brochures and descriptive material about the City's structures and areas of historic and/or architectural significance.

      (7)   Acquisition of historic easements. The City may acquire, by the purchase, donation or condemnation, historic easements in any area within its jurisdiction wherever and to the extent that Council, upon the recommendation of the Commission, determines that the acquisition will be in the public interest, consistent with the general purposes of this section of the Zoning Ordinance. For the purpose of this section, the term "historic easement" means any easement, restriction, covenant or condition running with the land.

(Ord. 20-1978. Passed 9-19-78.)

      (8)   Review resources nominated for designation as either an historic landmark or structure and recommend that City Council designate by ordinance those resources qualifying for such designation.

      (9)   After the Historic Preservation Commission proposes a designation(s) of any area, place, building, or structure as a landmark, it will take the following actions:

         A.   The Historic Preservation Commission shall advise the Planning Commission of the proposed designation and secure from the Planning Commission its opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Historic Preservation Commission along with its recommendation to City Council. The Historic Preservation Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation by the Planning Commission.

         B.   The Historic Preservation Commission shall thereafter notify the owner of such property of the proposed designation. Whenever possible, the Commission shall secure the owner's written consent or submittal of the proposed designation, together with its recommendation and findings of fact, to Council. In the event that the owner refuses or declines to give his written consent to the proposed designation, the Commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any persons having a legal or equitable interest in the property being proposed for designation. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property involved and the date, time and place of the scheduled public hearing.

         C.   The Commission shall conduct the public hearing and provide a reasonable opportunity for all interested parties to express their opinions under such rules as the Commission may adopt for the purpose of governing the proceedings of the hearings. Each speaker shall be fully identified as to name, address and the interests which he represents. The Commission shall make a determination with respect to the proposed designation in writing within thirty days after the initial hearing date and shall notify any owner or any person having a legal or equitable interest in the property, as well as such other interested parties as may request a copy thereof. The Commission shall set forth in its recommendation such findings of fact which constitute the basis for its decision and shall transmit the recommendation concerning the proposed designation to Council.

         D.   City Council shall give due consideration to the findings and recommendations of the Commission, as well as such views as may have been expressed by persons participating in the hearing before the Commission, in addition to the recommendation of the Planning Commission, in making its determination with respect to the proposed designation of any areas, places, buildings, or structures as landmarks. Council may, in its discretion, hold public hearings on any such proposed designation, whether designation is proposed only with the consent of the owner, or after public hearings before the Commission. Upon its conclusion, the City Council may designate by ordinance the areas, places, buildings, or structures as landmarks.

         E.   As soon as is reasonably possible, the Commission shall file with the County Recorder of Deeds a certified copy of the designation ordinance together with a notice briefly stating the fact of designation and a summary of the effects the designation will have. The Commission, further shall send by registered mail a certified copy of the ordinance and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in the property.

(Ord. 11-03. Passed 4-1-03.)

   The following are criteria to be used in evaluating appropriateness of structures and/or alterations of such structures within the Historic District.

   (a)   Spacing.

      (1)   "Lot coverage" is the percentage of lot area covered by the primary structure; building to lot coverage provides an important component of building spacing by being a measure of the density of developed land along each block front and on each lot. New construction should have a lot coverage similar to those of existing buildings in the area. For example, compare:

      (2)   "Setback" is the distance from the edge of the right of way to the building front. Uniformity of front yard setback establishes a framework of order and coherence, and insures a strong and continuous streetscape. Consistency of setback is an especially important unifying factor where building styles vary. For example, compare:

      (3)   "Building height" is the distance from the average finished grade at its intersection with the front of the building to the highest point of the building. Consistency of height is an important factor contributing to the scale and character of an area. Buildings quite different from the predominate pattern of an area will disrupt the area's structural relatedness. It should be realized that the perceived height frequently differs from actual height. The perceived height is a product of the number of stories, the relationship of height and width, the height of porches, and other visual factors. The actual height depends mainly on the height of each story and pitch of the roof. Both measurements of height should be considered. For example, compare:

      (4)   "Spacing of buildings" refers to the distance between adjacent buildings. Closely spaced buildings have a strong spatial tension, or attraction between them, while buildings distant from each other have little force of attraction. Additionally, regular patterns of spacing convey a sense of order and cohesion; regularity of rhythm adds strength and continuity to the streetscape for an observer moving along a street. The spacing of buildings will be affected by the minimum side yard requirements in the Zoning Ordinance. For example, compare:

   (b)   Architectural Design Components. "Architectural design components" refers to aspects of the design of each individual building. These components must be compatible within the building as a unit as well as with the buildings's surroundings. Design components help provide a sense of unity and coherence within the historic area.

      (1)   Exterior building and roofing materials. The dominant building material for a particular streetscape may be brick or wood siding for example; or the dominant roofing material may be asbestos shingles or tin. A mixture of materials adds variety to an area, but a degree of variety which becomes chaotic should be avoided. Ideally, materials used in new construction or remodeling should exhibit an affinity with existing materials in the area. Additionally, some buildings and roofing materials (such as artificial brick or stone siding) may be inappropriate for the style or character of existing buildings; the use of such materials in remodeling should be discouraged.

      (2)   Exterior texture effects result from the nature of the materials used, such as the horizontal regularity of wood siding, or the roughness of brick with tooled joints. Texture may also result from the repetition of architectural details, such as porch balustrades. New buildings using textured materials or details are less obtrusive in old areas of finely scaled detail.

      (3)   Proportion of width to height of openings. This proportion of width to height applies to openings within the facade, such as doors and windows. In a sequence of buildings, the use of similarly proportioned openings will help establish the relatedness of structures. Openings which vary significantly from that which exists in surrounding buildings may have a disruptive effect on the character of an area. For example, compare:

      (4)   Architectural styles. Use of forms which are especially indigenous to the area, such as porches or cupolas, should be encouraged in order to enhance the elements which contribute to the distinctive character of the district. Motifs in detailing which are prevalent in the district, such as certain stained glass forms or types of bracketing, should be retained whenever possible for their continued contribution to the area's unique qualities.

      (5)   Roof form and pitch in relation to facade. Roof forms in a given streetscape may be gable, hip, gambrel, mansard or flat, and pitches may vary. Roof forms and pitches should be in harmony with the predominant type in the neighborhood. For example, compare:

      (6)   Shape and form of the building. The basic shape and form of the facades of new structures or additions should be compatible with facades' shapes and forms already existing in the area. Facades with highly or unorthodox shapes and forms may not be in harmony with existing structures, and they may call undue amounts of attention to themselves. Similar consideration should likewise be given to the shape and form of the building as a whole. Construction of additions and appendages should follow the guidelines under subsection (b) hereof, so that they will respect the original design in the use of materials and details, as well as shape and form. (However, it must be recognized that "Victorian" architecture delighted in unusual shapes and forms and asymmetry. Victorian houses may have polygonal bays, turrets, unusual gables, and oddly placed windows. "Unusual" additions to such structures may be entirely compatible with the original design and may fit well in the neighborhood, if they are thoughtfully designed.)

      (7)   Architectural detailing. Details such as lintels, stained glass, foundation materials and chimneys give a building or set of buildings an identity and distinctive character. Older buildings in particular tend to display a very fine level of detail. New construction should seek to reflect the level of detail in an area; blank facades introduced into an area of detailed buildings will disrupt the quality of design.

      (8)   Color. Appropriate paint colors should be recommended for each building according to the age and architecture represented. The colors of adjacent buildings, as well as the streetscape in general, should be taken into account. It might be decided, for instance, that where red is an appropriate color based upon the age and architecture of the building, it might still be preferable to decide in favor of gray because of colors of the adjacent structures and the general streetscape.

         When the concern is with new construction in a preservation district, care should be taken to avoid colors of contemporary origin that clash or loudly contrast with the older colors. Earth shades are preferable for new construction, or colors which predominate in the surrounding older buildings so as to minimize the impact of any conflict in design.

         It should be noted here that excellent contemporary architecture is not in conflict with the concept of a preservation district. It is only necessary that due consideration is given to the spirit and atmosphere of the immediate area.

         Color choices will be conditioned upon the areas of color surfaces involved, the material to be affected and the issue of building color versus signage or accent color. No prior draft of rules can possibly determine color appropriateness in all areas.

   (c)   Signage. The existing articles of the Zoning Ordinance dealing with signage would apply to the Historic District with the additional guidelines.

      (1)   The signage for a particular building or shop be reduced to the fewest separate panels and/or statements possible. The description of goods or services beyond the basic statement of the nature of the business, should be restricted. Example: "The Old World Delicatessen" would not be followed with the usual "wine, pop, cola, beer and party mixes sold here". Any owner has the right to place signage within the shop window to more fully elaborate on his goods, providing the signs are not contrary to the intent of the total signage criteria. (See subsection (c)(5) hereof.)

      (2)   Most buildings are designed with a definite panel or framed zone for the sign mounting. This should be used with the sign taking a complimentary shape.

      (3)   Letter styles are many. Keep to one, or at most two, styles or faces at each shop. This enhances readability as well as creates a more dependable "logo" for the shop.

      (4)   Colors are a highly subjective item. Colors should be highly compatible within the sign itself and should correlate with the building colors. Bizarre color combinations intended to shock the eye should be restricted as being incompatible with the streetscape. Good contrast is essential for distant readability. Some established logos will warrant recognition.

      (5)   Material used can be a variable, but natural looking materials are desirable.

      (6)   Excellent signs already in place would be cited as a guide for future sign-making petitioners. A body of sign photos or drawings from elsewhere can be used as preliminary guidelines.

      (7)   Signage needed for public instruction should be the subject of a special program and assignment wherein all existing signage (locational, directional, instructive) be reviewed for effective size, placement and message. A new consistent logo and letter style should be developed and put to use in future sign replacement. The culminating design should reflect excellence of letter design - clear and vigorous, not whimsical.

      (8)   Signage need not always be externally fixed on a building. The fine art of lettering on glass, once very common, deserves a comeback and would be a sound solution. Projecting signs can be highly successful if thoughtfully styled and scaled to avoid either a heavy or a trivial appearance. The goal is to match sign with building or product and to do so within reasonable limits of size and placement and with compatibility with the streetscape.

      (9)   It is further recommended that no signage of commercial nature be erected in the right of way or tree lawn. Vistas up and down the street are injured by such pole or stem-mounted signs, especially where excellent tree forms cover the message in the first place. Projecting signs are not out of place when formally attached to the building facade, but their size becomes critical to avoid blocking the view of the buildings beyond.

(Ord. 20-1978. Passed 9-19-78.)

   In the spirit of historic preservation and the beautification of the canal corridor, the Historic Preservation Commission may authorize the Zoning Inspector to issue a permit for a second sign to be attached to a building in the following circumstances:

   (a)   The second sign must be a part of a building beautification project that enhances the objectives of the Historic Preservation Commission.

   (b)   The second sign shall not exceed the size of the sign approved for the front of the building or twenty square feet whichever is smaller.

   (c)   A second sign may be permitted only when the back of the building faces the canal or the building has frontage on two streets.

   (d)   A certificate of appropriateness must be issued as provided in this chapter.

   (e)   No more than two signs may be approved for any one building.

(Ord. 13-05. Passed 6-7-05.)

   (a)   Demolition or Removal Procedure. The Zoning Inspector shall notify the Commission of any application involving the demolition, partial demolition or removal of a structure or a significant accessory structure. The Commission shall schedule a public hearing at a date within thirty days of filing of application with the Zoning Inspector, with proper notification through the newspaper at least ten days prior to the hearing, and shall notify the applicant in writing. At the hearing, the Commission shall be able to request any or all of the following information:

      (1)   A report from the Commission architect, on the state of repair and structural stability of the structure under consideration.

      (2)   Information and graphics on the extent and process of demolition or removal, including information on any proposed changes in landscaping.

      (3)   Evidence of any hardship that would result in substantial economic loss to the applicant from denial of the petition.

      (4)   An assessment of any alterations in the essential character of the area which would occur as a result of the demolition or removal action.

   (b)   Decision of the Commission. If the Commission decision is to postpone the demolition or removal, the Commission shall notify the owner in writing. During the period set forth for postponement of the requested action, the Commission shall explore alternatives to demolition or removal. The period set for postponement of the requested action shall not be greater than six months from the time of filing the request with the Zoning Inspector except by agreement of the owner/applicant. Such alternatives may include consultation with private civic groups, interested private citizens and other public boards or agencies in an effort to find a persuasive means of preserving the structure. If sale of the property is considered a feasible alternative by the owner, an appraisal shall be obtained by the Commission to establish a fair selling price. If the appraisal obtained by the Commission is unsatisfactory to the owner/applicant, he may obtain his own appraisal. The building must remain on the open market not less than six months.

      (1)   If after the expiration of the listing, no alternative agreement has been reached with the applicant, the Commission shall issue a certificate of appropriateness for demolition or removal of the structure in question.

      (2)   In granting the certificate of appropriateness, the Commission shall prescribe any conditions it deems necessary to minimize the adverse impact of the requested demolition or removal.

(Ord. 20-1978. Passed 9-19-78.)

   Prior to the preparation of extensive drawings and specifications, the individual proposing a change within the district shall present within ten days prior to a regular meeting a set of rough sketches to the chairman for consideration and advice from the Commission. In case of minor repair or alterations to existing buildings, the Commission may give preliminary and final approval at one review session.

(Ord. 20-1978. Passed 9-19-78.)

   (a)   A zoning certificate shall be required for the construction, erection, alteration, removal, moving or demolition (hereafter referred to as change) of any structure or building in the Historic District or one designated as an Historic Landmark. The certificate shall not be issued where such action will affect the exterior architectural features of any such structure or building, unless and until a certificate of appropriateness has been issued by the Historic Preservation Commission. Upon application for a zoning certificate with respect to any structure or building in the above categories, the Zoning Inspector shall submit such application, together with all the requirements of Section 1175.09 within five days of receipt thereof to the Historic Preservation Commission for its consideration.

   (b)   Upon receipt by the Commission of the zoning permit application and related materials for any such proposed change, the Commission shall provide notice to the applicant and meet to consider the application within fourteen working days of receipt of the materials. If the application is approved, the Commission shall issue to the applicant within five days a certificate of appropriateness. The certificate expires twelve months from the date of issuance.

   (c)   If not approved, the Commission shall issue to the applicant a statement of specific reasons for denial of the certificate together with suggested revisions in the plan which would lead to approval. The applicant may resubmit application at any time.

   (d)   Denial by the Commission of a certificate of appropriateness may be appealed by the applicant to the Planning Commission in accordance with Chapter 1147. After such request from the applicant, the Planning Commission shall notify the applicant by certified mail of the date of the hearing. In addition the date and location of the meeting shall be published at least once in a paper of local circulation not less than fifteen days prior to the date of the hearing. A majority vote of the Planning Commission shall be necessary to grant a certificate.

(Ord. 20-1978. Passed 9-19-78.)

   (a)   Every zoning certificate application for a structure to be built or remodeled within the Historic District in the City shall be approved by the Zoning Inspector and the Historic Preservation Commission. In order for the above mentioned application to be so approved, the applicant shall submit to the Zoning Inspector two sets of complete drawings and supplemental specifications, prepared in accordance with good architectural practice, indicating the building or structure exactly as it is proposed to be built. These submission requirements may be modified by the Zoning Inspector and Preservation Commission in cases where minor alteration is involved. Such documents accurately drawn to scale and dimensioned, shall include and conform to the following requirements:

      (1)   A site or plot plan showing the plot configurations and its perimeter dimensions, all structures on the site with locating dimensions, location of all structures adjacent to the site within fifty feet of the property line and all vehicular drives, roads, related parking areas, main walks, walls, additions, locations and names of adjacent streets, a north arrow, first floor level, existing and finished grade elevations at each corner of the site shall be indicated; and

      (2)   Four elevations including a front, rear and two side elevations, together with additional views or cross sections, if necessary, to completely indicate the exterior appearance of any new structures or modifications to existing structures. All elevations shall be drawn to the same scale, which shall be not less than one-quarter of an inch to the foot, except that the front elevation may be drawn to a larger scale. Each elevation shall show the accurate location of windows, doors, shutters, chimneys, porches and other architectural features, all materials and finishes, and an accurate finish grade line; and

      (3)   A completely dimensioned floor plan of each level of the construction, drawn to the same scale as the front elevation; and

      (4)   Additional details to show unusual constructions.

      (5)   Color samples of all major finish materials.

      (6)   Photographs of (1.) existing structures that are to remain on the site, and (2.) of structures which are situated on any of the lots described in Section 1175.08. for additions to existing structures, photographs of all elevations from which the addition can be seen.

(Ord. 20-1978. Passed 9-19-78.)

   (a)   Ordinary Maintenance Allowed for Public Safety.

      (1)   Nothing in Sections 1175.07 or 1175.08 shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a Historic District or of any landmark which does not involve a change in design, material, color or outer appearance thereof.

      (2)   Nothing in Sections 1175.07 or 1175.08 shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the Building Inspector or similar official shall certify is required by the public safety because of unsafe or dangerous conditions.

   (b)   Maintenance and Repair Required.

      (1)   Neither the owner of nor the person in charge of a structure within a Historic District or of a designated landmark shall permit such structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the Preservation Commission, a detrimental effect upon the character of the district as a whole or the life and character of the landmark or structure in question, including but not limited to:

         A.   The deterioration of exterior walls or other vertical supports;

         B.   The deterioration of roofs or other horizontal members;

         C.   The deterioration of exterior chimneys;

         D.   The deterioration or crumbling of exterior plaster or mortar;

         E.   The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

         F.   The deterioration of any feature, so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(Ord. 20-1978. Passed 9-19-78.)

   See Sections 1149.06 and 1149.99