(a)   Council hereby recognizes that the City contains numerous structures and landmarks of historical, aesthetic and cultural significance, the preservation and maintenance of which is important to the cultural and economic well-being of the community and necessary for the public health, safety, prosperity and welfare of the people.

   (b)   Accordingly, as a matter of public policy, Council hereby pronounces its dedication to the preservation, enhancement and perpetuation of those aspects of the City having historical, cultural, aesthetic and architectural significance and value and declares that such preservation promotes and protects the health, safety, prosperity, education, comfort and general welfare of the people living in and visiting the City.

   (c)   More specifically, this Historic Preservation Code is designed to enhance and further the following goals:

         (Ord. 103-2017. Passed 5-8-17.)

   (a)   For purposes of this Historic Preservation Code, the following terms shall have the meanings provided in this section:

         (Ord. 103-2017. Passed 5-8-17.)

   (a)   The Commission shall consist of seven (7) members, all of whom have demonstrated a special interest, experience, or knowledge in history, architecture, or related disciplines and have demonstrated a positive interest in historic preservation.

   (b)   In the event that either the Stark County Historical Society or the Canton Preservation Society ceases to be active entities, the Mayor shall appoint a replacement Commission member to fill any vacancy so created in compliance with the above standards.

   (c)   The initial appointed Board members shall serve for terms of two, three, three, four, four, five, and five (2, 3, 3, 4, 4, 5 and 5) years respectively. Thereafter, appointments shall be for five (5) year terms with terms beginning on January 1. In the event of a vacancy, the Mayor shall appoint a person to complete the unexpired term.

   (d) The Mayor shall have the power to remove any member of the Commission for just cause.

   (e)   Vacancies caused by death, resignation, or otherwise shall be filled for the unexpired term in the same manner as original appointments are made. Vacancies shall be filled within sixty (60) days unless extenuating circumstances require a longer period.

   (f)   A member whose membership is to be terminated for any reason shall serve until officially replaced even though such service may extend beyond the term of appointment.

   (g)   The Secretary of the Commission shall be appointed by the Mayor. The Secretary shall keep correct records of all meetings and proceedings of the Landmark Commission and perform other duties as the Commission requests. The Secretary shall be a non-voting member of the Commission and shall not count as a portion constituting a quorum.

   (h)   The Canton City Planning staff shall provide the Commission technical and administrative assistance within the framework of Commission policy; it shall supply necessary data, make analyses, and furnish the Commission with such reports or recommendations as are needed or requested by the Commission. The staff may represent the Commission decisions before public officials and the general public. The staff shall further be authorized to maintain liaison with other departments of the City and other public bodies and private organizations for the purpose of carrying out the objectives of and as determined by the Commission.

   (i)   The Chairperson may appoint other City officers or personnel to serve as Advisors to the Commission.

   (j)   The Commission shall adopt its own rules of procedure, including conflict of interest prohibitions, which shall be made available for public inspection. The rules of procedure shall provide for at least four (4) regular meetings per year and additional special meetings which will be held in a public place, advertised in advance, and made public. All review decisions will be made in a public forum, with applicants notified of meetings and advised of decisions. Written minutes of actions and decisions of the Commission shall be made available for public inspection.

   (k)   A written annual report of Commission activities, including, but not limited to, case decisions, special projects, and qualifications of members shall be kept on file and available for public inspection.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   The Commission shall have the sole power to permit, by approval of the application of any property owner, the demolition, construction, preservation, restoration, or rehabilitation, of any home, commercial establishment, or other structure that has been designated as a historic site, landmark, building, or as having historic significance, or new construction within a historic district, and as is prescribed in this chapter.

   (b)   The Commission shall determine the appropriateness of the application regarding demolition, construction, preservation, restoration, reconstruction, and rehabilitation of structures within the designated historic district or of a designated historic site, landmark, structure, or building.

   (c)   The Commission shall conduct or cause to be conducted a continuing survey of cultural resources in the community according to guidelines established by the State Historic Preservation Office (SHPO).

   (d)   The Commission may make recommendations for designation of historic landmarks, sites, buildings, structures, or districts to the appropriate governing body as designated in this chapter.

   (e)   The Commission shall establish and use written guidelines for the conservation of designated local landmarks and historic districts in decisions on requests for permits for alterations, demolition, or additions to listed historic landmarks, buildings, and sites or the same within a historic district.

   (f)   The Commission shall act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources.

   (g)   The Commission shall work toward the continuing education of citizens within the City regarding historic preservation issues and concerns.

   (h)   The Commission shall seek expertise when considering a National Register nomination and other actions, which could include but is not limited to, archaeological, architectural history, history, or other related decisions, which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Commission, before rendering its decision.

   (i)   The Commission shall conduct or encourage members to attend training or educational sessions at least once a year, or in-depth consultation with the SHPO, pertaining to work and functions of the Commission or on specific historic preservation issues.

   (j)   Additional responsibilities may be undertaken by the Commission upon mutual agreement between the SHPO and the City of Canton Administration.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   Application for the consideration of the designation of a Historic District, Historic Landmark, Historic Building, or a Historic Site may be made by the filing of a designation application, in such form as the Landmark Commission may prescribe, by the Landmark Commission on its own initiative, by the owner of the subject property or by the owner of a property within the area proposed to be designated, by Council or a member of Council, by a member of the City Administration, by the City Engineer, by the City Planning Commission, by City Planning Staff, by the Commission Secretary, or by a local community organization, including, but not limited to, preservation associations, neighborhood associations and community councils. No Historic Structure or Historic Site may be demolished or excavated during the pendency of a designation application, which commences upon the filing of a complete designation application.

   (b)   For the purpose of considering an application for historic designation or determining historic significance of a district, site, structure, or property to the history, architecture, archaeology, engineering, or culture of a community, state, or the nation, the Commission shall consider if the subject property possesses integrity of location, design, setting, materials, workmanship, feeling and association and may further be achieved in several ways:

   For the purposes of this Chapter 1105, a structure, group of structures, site, or building may not be deemed as having Historic Significance solely because it is:

   (c)   In the event a property owner is not the applicant for historic designation, the Landmark Commission shall notify the owner of the property recommended for landmark status of the proposal to designate their property. Whenever possible the Commission shall secure the owner's written consent for the proposed designation. The Commission shall cause a legal notice to be prepared and published indicating the property or properties to be designated and the time, date, and location of the hearing.

   (d)   Within sixty (60) days of the receipt of a completed designation application, the Secretary of the Landmark Commission has the duty to prepare and send to the Landmark Commission a report and proposed conservation guidelines for the Historic Landmark, Historic District, Historic Building, or Historic Site and a proposed boundary map for any Historic District. For a proposed Historic District, staff shall prepare and send to the Landmark Commission a list of all structures within the proposed Historic District that staff considers being Non-Contributing Structures. Not later than thirty (30) days after receipt of the Commission Secretary's report and proposed conservation guidelines, the Landmark Commission shall schedule a public hearing on the proposed designation.

   (e)   After a public hearing on the proposed designation, the Landmark Commission has the duty to decide whether to recommend designation of the proposed Historic Landmark, Historic District, Historic Building, or Historic Site based on its Historic Significance described herein, and forward its decision, whether favorable or not, along with the proposed conservation guidelines to the Canton City Planning Commission.

   (f)   Within thirty (30) days of the transmittal of the decision and recommendation of the Landmark Commission, the Canton City Planning Commission shall hold a public hearing to determine whether to follow the recommendation of the Landmark Commission. In making such determination, the Canton City Planning Commission shall consider all of the following factors:

   (g)   After a public hearing on the proposed designation and conservation guidelines, the Canton City Planning Commission has the duty to decide whether to approve or disapprove the designation and forward its decision, whether favorable or not, along with the conservation guidelines to Council.

   (h)   Upon receipt of the decision of the Canton City Planning Commission, Council shall vote to ordain or overrule the Canton City Planning Commission's decision. A simple majority of the members elected to Council is required to ordain a designation; provided, however, if the Canton City Planning Commission disapproves the designation, a two-thirds majority vote of Council is required to overrule the City Planning Commission's decision. Council may also table the recommendation for alterations.

   (i)   Once Council approves a landmark, site, building or district designation, the Landmark Commission shall notify the Chief Building Official and relevant City offices of the official designation.

(Ord. 103-2017. Passed 5-8-17.)

   A designation may be repealed if the property owner petitions the Landmark Commission in writing setting forth clear and convincing evidence that the qualities which caused the Historic Landmark, Historic District, Historic Building, or Historic Site to be originally designated have been lost or destroyed. Upon petition, the process for the repeal of a designation is the same as prescribed for designation as set forth in Section 1105.032 above. The Landmark Commission shall consider the repeal of the designation of a Historic Landmark, Historic District, Historic Building, or Historic Site that is lawfully demolished or destroyed at its next regularly scheduled meeting and shall act at that meeting to make a recommendation to the Canton City Planning Commission, which shall consider the matter at its next regularly scheduled meeting. City Council shall then vote on the repeal of the designation at its next regularly scheduled meeting. Upon repeal of the designation, any associated benefits of historic designation shall be null and void and of no further force or effect as to said Historic Landmark, Historic District, Historic Building, or Historic Site. Upon the repeal of any designation, any official City maps, lists, databases, or other such information keeping mechanisms shall be amended to remove the designation.

(Ord. 103-2017. Passed 5-8-17.)

   No owner of a building or structure in a Historic District or that has been determined and designated as a Historic Landmark shall by willful action or willful neglect, fail to provide sufficient and reasonable care, maintenance, and upkeep to ensure such building's perpetuation and to prevent it destruction by deterioration. The owner of a protected property shall provide sufficient maintenance to ensure its protection from hazards and to prevent deterioration.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   No alteration or demolition of any structure or significant exterior architectural feature of any structure designated as a Historic Landmark pursuant to these regulations shall be undertaken prior to obtaining a Certificate of Appropriateness from the Canton City Landmark Commission. Further, no building permit or zoning permit or demolition permit shall be issued by the Building and/or Zoning officials of the City for the alteration or demolition of any site, building, structure, object, work of art, or any other general property designated as a Historic Landmark, or any contributing factor to a recognized Historic District, except in cases coming under the exclusions provided for in this chapter unless a Cettificate of Appropriateness for such alteration or demolition has first been issued to the applicant in the manner prescribed herein.

   (b)   The Commission shall prepare a listing of all Historic Landmarks situated within the City which are listed upon the "City of Canton Register of Historic Places" and the "National Register of Historic Places" and shall furnish a complete copy of such listing to the Chief Building Official, the City Zoning Inspector, the Fire Prevention Bureau, Council Offices, the Mayor, the Director of Public Service, the Director of Public Safety and all other departments of the City having involvement with the construction or alteration or demolition of buildings within the City. The foregoing list shall be periodically updated and forwarded to the above-mentioned City officers and departments as necessary to reflect changes in the designation of properties as Historic Landmarks within the City.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   When the owner of any property designated as a Historic Landmark intends to alter or demolish any portion of such landmark, such owner shall first apply for and secure a Certificate of Appropriateness from the Canton City Landmark Commission. The application for such Certificate of Appropriateness shall be deposited with the Commission, together with such plans, specifications and other materials as shall adequately describe the nature and extent of the proposed alteration or demolition, and such other information as from time to time may be prescribed by the Commission. This application shall be filed contemporaneously with an application for a building or demolition permit for the intended work.

   (b)   Except as authorized by the Commission under the provisions of this chapter, there shall be in effect a moratorium upon any proposed or intended alteration or demolition of a designated Historic Landmark within the City, which shall be in effect for a period of 180 days from the date of filing of the application for a Certificate of Appropriateness.

   (c)   The Commission shall, upon receipt of the application for a Certificate of Appropriateness, assign such application for a public meeting to be held within forty-five (45) days of the filing of such application; and shall proceed to give such notice thereof by one publication in a newspaper of general circulation within the City not less than ten (10) days prior to the date of the scheduled public meeting. The Commission shall, within five (5) days of the filing of the application for a Certificate of Appropriateness, also give notice of the application and public meeting to the Clerk of Council, the Council member for the affected ward, the Mayor, the Canton Preservation Society, the Ohio Historical Society, and to any other neighborhood or community organizations or groups which have made specific request in writing for the receipt of such notices.

   (d)   At the scheduled date and time, the application shall proceed to a public meeting, at which hearing the Commission shall inquire regarding the proposed action to be taken by the applicant with respect to the affected Historic Landmark and shall hear all of the concerns and suggestions of the general public and other parties of interest. The applicant shall be entitled to attend such hearing and to present evidence in person or through his representatives or legal counsel.

   (e)   At the public meeting upon the application for a Certificate of Appropriateness, the Commission shall determine whether the proposed plan of alteration or demolition shall substantially and detrimentally affect a significant architectural feature of the Historic Landmark in question; and whether there exists any exigent circumstance or imminent danger to the public health or safety, or any special and undue economic hardship to the owner or other special community development circumstances which would require or necessitate that the applicant be permitted to proceed with its proposed plans for alteration and/or demolition of the Historic Landmark. Depending upon the outcome of such determinations, the Commission shall act upon the application as follows:

   (f)   In the absence of a determination by the Commission issuing a Certificate of Appropriateness during the moratorium period, at the conclusion of such 180-day period the Planning Commission shall issue a final order approving, denying or modifying the applicant's proposed plan for alteration and/or demolition of the Historic Landmark in question. Provided, however, that any modification of the proposed plan shall require the consent of the applicant; and further providing that any order of denial of the Certificate of Appropriateness may provide for the further delay of performance of the proposed alteration or demolition for a maximum additional period of no more than 180 days, which additional delay of the proposed action by the applicant shall only be ordered if the Commission finds that the Historic Landmark or architectural feature in question is of such importance to the historic and cultural well being of the community to reasonably require additional time to seek its preservation by alternative development or uses or other means and that the potential preservation of the structure or architectural feature is a reasonable prospect for accomplishment within such additional time period.

   (g)   In the event, upon expiration of any such additional delay period ordered by the Commission, the Commission shall forthwith issue a Certificate of Appropriateness without further hearing or procedures being required. No building or demolition permit shall be issued by any Building Official of the City except in accordance with the final determination of the Commission. The Commission shall promptly, upon expiration of the initial moratorium period, notify the applicant and all parties who participated in such proceedings of its final decision and order in writing.

   (h)   The applicant and any party in interest, who has participated in the application and hearing proceedings before the Commission, shall have the right to appeal a final determination and order of the Commission to the Court of Common Pleas in accordance with the provisions of Ohio R.C. Chapter 2506. A determination and order granting the issuance of a Certificate of Appropriateness or an order denying or delaying the issuance of a Certificate of Appropriateness after the initial 180-day moratorium period shall be considered as final appealable orders. A determination denying or delaying the issuance of a Certificate of Appropriateness during the initial 180-day moratorium period shall not be considered a final appealable order.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   In considering the appropriateness of any proposed alteration or modification of a Historic Landmark, the Landmark Commission shall take into account, in addition to any other pertinent factors, the following criteria:

   (b)   The demolition or destruction of Historic Landmarks shall be discouraged. In order to grant a Certificate of Appropriateness for the demolition of all or any part of a Historic Landmark, the Commission shall find and be satisfied that the proposal meets at least one of the following criteria:

         (Ord. 103-2017. Passed 5-8-17.)

   (a)   Decisions by the Canton City Landmark Commission may be appealed to the Canton City Planning Commission within ten (10) days of the Landmark Commission hearing. No building permit or other permit required for the activity applied for shall be issued during the ten (10)-day period or while an appeal is pending.

   (b)   The Canton City Planning Commission shall consider an appeal within thirty (30) days of receipt and shall utilize the written findings of the Canton City Landmark Commission in rendering their decision. A majority vote of the Canton City Planning Commission shall be required to overturn a decision of the Canton City Landmark Commission.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   If preservation of a historic property may result in substantial economic hardship, the applicant may submit evidence for consideration by the Landmark Commission. Substantial economic hardship does not include an applicant's inability to maximize the return on his or her investment. Deterioration of a historic property due to neglect by its owner does not create the basis for a finding of substantial economic hardship.

   (b)   The Commission shall consider the following criteria to determine the existence of substantial economic hardship:

   (c)   Documentation of Economic Hardship. To prove economic hardship the applicant shall submit sufficient information to enable the Commission to make an accurate assessment of economic conditions affecting the application. In considering cases of economic hardship, the Commission may solicit expert testimony or request that the applicant submit any items it needs, including but not limited to the items below. The level of documentation may vary as appropriate to each case; however, the Commission's assessment shall be based solely on the property's economic fundamentals and not the financial capacity of the owner.

   (d)   Alternative uses and the economic return they will earn in relation to the following:

   (e)   The current economic return on the property in relation to the following:

   (f)   The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two (2) years, including testimony and relevant documents regarding:

         (Ord. 103-2017. Passed 5-8-17.)

   Nothing in this chapter shall be construed to prevent the performance of ordinary maintenance or repair of any property which is a registered national or local landmark, provided such work involves no major change in material, design, texture, color or outer appearance of the Historic Landmark. Further, this chapter shall not be construed to apply to or in any way restrict the alteration or demolition of any structures, buildings or other property which may be located in a Historic District, but which has not been individually designated, or designated as a contributing factor of said District, upon the "City of Canton Register of Historic Places" or the "National Register of Historic Places" or for which application for such designation is not pending.

(Ord. 103-2017. Passed 5-8-17.)

   Whenever deemed necessary, in order to protect and enforce the provisions and purposes of this Historic Preservation Code and to preserve the power of the Canton City Landmark Commission and the Canton City Planning Commission to act upon applications for a Certificate of Appropriateness, the City Law Director may apply to a court of competent jurisdiction for an injunction to prevent the violation of this chapter and/or to require any party who has performed building alterations, modifications or demolitions in violation of this chapter to take such action as may be necessary to restore the subject prope1ty to its condition prior to such unlawful actions.

(Ord. 103-2017. Passed 5-8-17.)

   If any provision of this chapter or the application of such chapter is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the utilization of the invalid provision or application; and, to this end, the provisions of this chapter are hereby declared to be independent and severable.

(Ord. 103-2017. Passed 5-8-17.)

   Any signage produced to recognize any designation as regulated by this chapter shall conform to any marketing, branding, style, or other designed standards as set forth by City of Canton ordinance.

(Ord. 103-2017. Passed 5-8-17.)

   (a)   If it is found that any of the provisions of these standards are being violated, the person responsible for such violations shall cease all work upon notification, and no work shall be performed except to correct the violations. All work shall be corrected within a reasonable period and any violations not corrected within the specified time may be prosecuted.

   (b)   Any person, firm or corporation who constructs, reconstructs, alters any exterior architectural feature, or demolishes a substantial part or all of any building within a Historic District or that has been designated as historic without a Certificate of Appropriateness, or that violates the provisions of this chapter shall be guilty of a misdemeanor of the first degree and upon conviction thereof, shall be subject to a fine of not more than one thousand dollars ($1,000) and/or imprisonment for a period not exceeding six (6) months for each such offense. Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to restore and reconstruct such features in full detail and in accord with The Secretary of the Interior's Standards for Rehabilitation.

(Ord. 103-2017. Passed 5-8-17.)