City of Canton, MO Chapter 407 Historic Districts and Historic Landmarks

Section 407.010 General Provisions.

[Ord. No. 801-C, 11-20-2017[1]]

A. The purpose of this Chapter is to promote the educational, cultural, economic, and general welfare of the community by setting into place in the City of Canton, Missouri, the following:

1. Providing a mechanism to identify and preserve the distinctive historic, archaeological and architectural characteristics of Canton that represent elements of the City's cultural, social, economic, political, and architectural history;

2. Fostering civic pride in the beauty and accomplishments of the past as represented in Canton's Landmarks and Historic Districts;

3. Conserving and improving the value of property designated as landmarks or within Historic Districts;

4. Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties;

5. Protecting and enhancing the attractiveness of the city to home buyers, tourists, visitors, and shoppers, and thereby supporting and promoting business, commerce and industry, and providing economic benefit to the City;

6. Fostering and encouraging preservation, restoration, and rehabilitation of the historic structures, areas and neighborhoods, and thereby preventing future blight;

7. Promoting the use of Historic Districts and landmarks for the education, pleasure, and welfare of the people of the City;

8. Promoting the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological resources within the incorporated limits of the City.

[1] Editor's Note: Former Chapter 407, Historic Districts and Historic Landmarks, containing Sections 407.010 through 407.060, was repealed 11-20-2017 by Ord. No. 801-C.

Section 407.020 Definitions.

[Ord. No. 801-C, 11-20-2017]

Unless specifically defined below, words or phrases in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application.

ALTERATION

Any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure.

AREA

A specific geographic division of the City of Canton.

BOARD OF ADJUSTMENT

The board established pursuant to Section 405.260.

CERTIFICATE OF REVIEW

A certificate issued by the Historic Preservation Commission (HPC) indicating its review of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic preservation design area.

CONSTRUCTION

The act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.

DEMOLITION

Any act or process which destroys in part or in whole a landmark or a structure within a Historic District, or which threatens to destroy a landmark or a structure within a Historic District, by failure to maintain it in a condition of good repair and maintenance.

DESIGN GUIDELINE

A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

EXTERIOR ARCHITECTURAL APPEARANCE

The architectural character and general composition of the exterior of a structure, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

HISTORIC DISTRICT

An area designated as a "Historic District" by ordinance of the Board of Aldermen which may include individual Landmarks, as well as other properties or structures which, while not of such historic and or architectural significance to be designated as Landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the Historic District.

HISTORIC SIGNIFICANCE

Character, interest or value as part of the development, heritage, or culture of the community, County, State or Country; as the location of an important local, County, State or national event; or through identification with a person or persons who made an important contribution to the development of the community, County, State or Country.

HPC

Members of the Historic Preservation Commission.

LANDMARK

A property or structure designated as a "Landmark" by ordinance of the Board of Aldermen, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, interpretation and preservation because of its historic, architectural or archaeological significance to the City of Canton.

MINIMUM MAINTENANCE

The minimum regulations governing the conditions and maintenance of all existing structures, as set out in the Code(s) recognized and adopted for the City of Canton, with any amendments thereto by the Board of Aldermen of the City of Canton, Missouri, as such Existing Structures Code shall be amended from time to time by the City of Canton.

OWNER OF RECORD

The person or other legal entity listed as owner on the records of the County Recorder of Deeds.

PUBLIC IMPROVEMENT PROJECT

An action by the City of Canton or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, or other portions of the public infrastructure servicing commercial, residential, recreational or industrial development.

REMOVAL

Any relocation of a structure, object or artifact on its site or to another site.

REPAIR

Any change that is not construction, alteration, or removal.

STOP WORK ORDER

An order directing an owner, occupant, contractor or subcontractor to halt an action for which a Certificate of Review is required, and notifying the owner, occupant, contractor or subcontractor of the application process for a Certificate of Review.

STRUCTURE

Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for athletic fields and courts, communication systems antennae and towers, and swimming pools.

SURVEY

The systematic gathering of information on the architectural, historic, scenic, and archaeological significance of buildings, sites, structures, areas, or landscapes, through visual assessment in the field and historical research for the purpose of identifying landmarks or districts worthy of preservation.

Section 407.030 Historic Preservation Commission.

[Ord. No. 801-C, 11-20-2017]

A. Composition Of Historic Preservation Commission. The Historic Preservation Commission (HPC) shall consist of no less than five (5) members nor more than seven (7) members, three (3) of whom shall be residents of the City of Canton, appointed by the Mayor. Up to two (2) members of the Commission may be non-residents, preferably owners or operators of businesses in Canton and/or living in areas in or adjacent to Lewis County. In addition, the Mayor shall appoint a member of the Board of Aldermen of the City to serve as a liaison from the Board of Aldermen and a member of the Zoning Commission to serve as a liaison from the Zoning Commission. These two (2) members of the Historic Preservation Commission shall be voting members, but they shall not hold any office in the Historic Preservation Commission. The Mayor shall make every reasonable effort to appoint persons with a demonstrated interest in the history and preservation of the City of Canton. To the extent available in the community, the HPC shall include professional members representing such disciplines as architecture, architectural history, prehistoric and historic archaeology, planning, urban design, cultural geography, cultural anthropology, folklore, curation, conservation, landscape architecture, law, real estate brokerage, banking, history or other fields related to historic preservation and residents of Historic Districts, or potential Historic Districts.

[Ord. No. 819-C, 1-22-2019]

B. Terms. The terms of office of the members of the HPC shall be for three (3) years, excepting that the membership of the first HPC appointed shall serve respectively for terms of one (1) for one (1) year; two (2) for two (2) years; and two (2) for three (3) years. Vacancies shall be filled for the unexpired term only. Action to fill vacancies shall be initiated within sixty (60) days. Any member of the HPC who fails to attend at least fifty percent (50%) of all meetings, regular and special, in any calendar year, shall there by automatically vacate the membership.

C. Officers. Officers shall consist of a chairman, a vice-chairman, and a secretary elected by the HPC who shall each serve a term of one (1) year and shall be eligible for re-election. The member of the Board of Aldermen and the member of the Zoning Commission appointed to serve on the Historic Preservation Commission shall not hold any office in the Historic Preservation Commission. The chairman shall preside over meetings. In the absence of the chairman, the vice-chairman shall perform the duties of the chairman. If both are absent, a temporary chairman shall be elected by those present. The secretary of the HPC shall have the following duties:

1. Take minutes of each HPC meeting;

2. Be responsible for publication and distribution of copies of the minutes, reports, and decisions to the members of the HPC;

3. Give notice as provided herein by law for all public hearings conducted by the HPC;

4. Advise the Mayor of vacancies on the HPC and expiring terms of members; and

5. Prepare to submit to the Board of Aldermen a complete record of the proceedings before the HPC on any matter requiring Board of Aldermen consideration.

D. Meetings. A quorum shall consist of three (3) of the members. All decisions or actions of the HPC shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held quarterly or at any time upon the call of the chairman. Public notice of all meetings shall be posted in conformance with Section 610.020, RSMo. No member of the HPC shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member. No action shall be taken by the HPC that could in any manner deprive or restrict the owner of property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at public meeting of the HPC. All meetings of the HPC shall be open to the public except as allowed by State law. The HPC shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the City Clerk and shall be public record.

E. Information Available To The Public. All HPC rules of procedure, designation criteria, design review, guidelines, and forms shall be available to the public at the Office of the City Clerk.

F. Funding. The Board of Aldermen may appropriate funds, within the budget limitations, for the operation of the HPC. The HPC may, with the consent of the Board of Aldermen, apply for, receive, or expend any Federal, State or private grant, grant-in-aid, gift or bequest, in furtherance of the general purposes of this Chapter.

G. Compensation. The members shall serve without compensation but shall be reimbursed for expenses they incur while on commission business.

H. Powers And Duties. The HPC shall have the following powers and duties:

1. To adopt its own by-laws, procedural regulations, and review standards which shall be public record, consistent with this Chapter and the Revised Statutes of the State of Missouri;

2. To conduct an ongoing survey for the identification of historically, and architecturally significant properties, structures, sites and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, State or City; and to maintain the research information in an inventory accessible to the public (except for archaeological site locations, which shall be restricted);

3. To investigate, and recommend to the Planning and Zoning Commission and to the Board of Aldermen the adoption of ordinances designating for protection properties, or structures having special cultural, historic, archaeological, community or architectural value as "Landmarks";

4. To investigate and recommend to the Planning and Zoning Commission and the Board of Aldermen the adoption of ordinances designating for protection areas as having special cultural, historic, archaeological, community or architectural value as "Historic Districts";

5. To keep a register of all properties and structures which have been designated as Landmarks or Historic Districts, including all information required for each designation;

6. To confer recognition upon the owners of Landmarks and property or structures within Historic Districts by means of certificates, plaques, or markers; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one (1) Landmark or Historic District to another;

7. To advise and assist owners of Landmarks and property or structures within Historic Districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;

8. To nominate Landmarks and Historic Districts to the National Register of Historic Places, and to review and comment on any nominations to the National Register of Historic Places submitted to the HPC upon request of the Mayor or Board of Aldermen.

9. To inform and educate the citizens of the City of Canton concerning the historic, archaeological and architectural heritage of the City through publication or sponsorship of maps, newsletters, brochures, pamphlets, programs and seminars by the City, the HPC, or other appropriate parties.

10. To hold all meetings or public hearings specified in this Chapter, to review all applications for construction, alteration, removal or affecting proposed or designated landmarks or structures within Historic Districts to determine impact to significant cultural resources, including those not yet nominated as Landmarks or as contributing properties within a Historic District, and to issue Certificates of Review for such actions;

11. To request the Building Inspector to issue stop work orders for any construction, alteration, removal or demolition undertaken without a Certificate of Review;

12. To develop specific design guidelines for the alteration, construction, or removal of Landmarks or property and structures within Historic Districts;

13. To review proposed zoning amendments, applications for special use permits, or applications for zoning variances that affect proposed or designated Landmarks or Historic Districts. Copies of relevant applications for special use or zoning variations shall be provided to the HPC for comment at least fifteen (15) days prior to the date of the hearing by the Planning and Zoning Commission or Board of Adjustment;

14. To administer on behalf of the City of Canton any property of historical significance or full or partial interest in real property, including easements, that the City of Canton may have or accept as a gift or otherwise, upon approval of the Board of Aldermen;

15. To make recommendations to the Board of Aldermen concerning the application for and utilization of any Federal, State, or private grant, grant-in-kind, gift, or bequest furthering the general purposes of this Chapter.

16. To make recommendations to the Board of Aldermen concerning budgetary appropriations to further the general purposes of this Chapter;

17. To call upon available City staff members as well as other experts for technical advice;

18. To retain such specialists or consultants or to appoint such citizen advisory committees as may be required from time to time;

19. To testify before all boards and commissions, including the Planning and Zoning Commission and the Board of Adjustment, on any matter affecting historically and architecturally significant property, structures, sites, and areas;

20. To develop a preservation component in the Master Plan of the City of Canton and to recommend it to the Planning and Zoning Commission and to the Board of Aldermen;

21. To periodically review the City of Canton Zoning Ordinance and to recommend to the Planning and Zoning Commission and the Board of Aldermen any amendments appropriate for the protection and continued use of Landmarks or property, sites and structures within Historic Districts; and

22. To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Chapter.

Section 407.040 Surveys And Research.

[Ord. No. 801-C, 11-20-2017]

A. The HPC shall undertake an ongoing survey and research effort in the City of Canton to identify neighborhoods, areas, sites, structures, and objects that have historic, cultural, archaeological, architectural or aesthetic importance, interest or value, and shall maintain an inventory of that information. Before the HPC shall on its own initiative nominate any landmark or district for designation, it shall develop a plan and schedule for conducting a comprehensive survey of the City of Canton to identify significant resources. As part of the survey, the HPC shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts, and photographs. The HPC shall systematically identify potential landmarks and Historic Districts and adopt procedures to nominate them based upon the following criteria:

1. The potential Landmarks and Historic Districts in one (1) identifiable neighborhood or distinct geographical area of the City of Canton;

2. The potential Landmarks and Historic Districts associated with a particular person, event, or historical period;

3. The potential Landmarks and Historic Districts of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman;

4. Such other criteria as may be adopted by the HPC to assure systematic survey and nomination of all potential Landmarks and Historic Districts within the City of Canton.

Section 407.050 Nomination Of Landmarks And Historic Districts.

[Ord. No. 801-C, 11-20-2017]

A. General. Nominations shall be made to the HPC on a form prepared by it and may be submitted by a member of the HPC, owner of record of the nominated property or structure, or the Board of Aldermen. Nominations shall be turned in to the City Clerk, who will within seven (7) days of receipt mail a notification of intent to nominate to the owner of record of the nominated property. Forms and criteria for nomination will be available at the Office of the City Clerk.

B. Criteria For Consideration Of Nomination. The HPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area or district meets one (1) or more of the following Criteria for Evaluation for the National Register of Historic Places:

1. Its character, interest, or value as part of the development, heritage, or cultural characteristics of the community, County, State or Country;

2. Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit;

3. Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible;

4. Its location as a site of a significant local, County, State, or national event;

5. Its identification with a person or persons who significantly contributed to the development of the community, County, State, or Country;

6. Its embodiment of distinguishing characteristics of an architectural type valuable for the study of a period, type, method of construction, or use of indigenous materials;

7. Its identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, County, State, or Country;

8. Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;

9. Its embodiment of design elements that make it structurally or architecturally innovative;

10. Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community, or City or the fact it has yielded or may be likely to yield information important in history;

11. Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance;

12. Its suitability for preservation or restoration;

13. Any structure, property, or area that meets one (1) or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.

C. Report And Recommendation Of HPC. The HPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated Landmark or Historic District does or does not meet the criteria for designation in Section 407.050(B) of this Chapter. The resolution shall be accompanied by a report to the Planning and Zoning Commission containing the following information:

1. Explanation of the significance or lack of significance of the nominated Landmark or Historic District as it relates to the criteria for designation;

2. Explanation of the integrity or lack of integrity of the nominated Landmark or Historic District.

D. In The Case Of A Nominated Landmark Found To Meet The Criteria For Designation.

1. The significant exterior architectural features of the nominated Landmark that should be protected;

2. The types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be subject to the Certificate of Review process;

3. Archaeological significance and recommendations for interpretation and protection.

E. In The Case Of A Nominated Historic District Found To Meet The Criteria For Designation.

1. The types of significant exterior architectural features of the structures within the nominated Historic District that should be protected;

2. The types of alterations and demolitions that should be subject to the Certificate of Review process;

3. The type and significance of historic and prehistoric archaeological sites within the nominated Historic District;

4. Proposals for design guidelines, including minimum maintenance requirements, for applying the criteria for Certificates of Review to the nominated Landmark or Historic District;

5. The relationship of the nominated Landmark or Historic District to the ongoing effort of the HPC to identify and nominate all potential cultural resources that meet the criteria for designation;

6. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, lot size, and parking regulations necessary or appropriate to the preservation of the nominated Landmark or Historic District, including recommendations for buffer zones to protect and preserve visual integrity;

7. A map showing the location of the nominated Landmark and/or the boundaries of the nominated Historic District.

8. The recommendations and report of the HPC shall be sent to the Planning and Zoning Commission within seven (7) days following the vote on the resolution and shall be available to the public in the Office of the City Clerk.

F. Notification Of Nomination. The Planning and Zoning Commission shall schedule and hold a hearing on the nomination following receipt of a report and recommendation from the HPC that a nominated Landmark or Historic District does or does not meet the criteria for designation. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for zoning map amendments or ordinance amendments. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators.

G. Public Hearing. Oral or written testimony concerning the significance of the nominated Landmark or Historic District shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony or present its own evidence regarding the compliance of the nominated Landmark or Historic District with the criteria for consideration of a nomination set forth in Section 407.040 of this Chapter. The owner of any nominated Landmark or of any property within a nominated Historic District shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.

H. Determination By Planning And Zoning Commission. Within sixty (60) calendar days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated Landmark or Historic District does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 407.050 of this Chapter and the nominated Landmark or Historic District and all other information required by Section 407.050 of this Chapter.

I. Notification Of Determination. Notice of the determination of the Planning and Zoning Commission, including a copy of the report, shall be sent by regular mail to the owner of record of a nominated Landmark and of all property within a nominated Historic District and to the nominator within seven (7) days following a determination by the Planning and Zoning Commission as to whether or not the nominated Landmark or Historic District meets the criteria for designation. Also, a copy of the resolution and report accompanied by a recommendation as to whether or not the nominated Landmark or Historic District shall be designated, shall be sent to the Board of Aldermen.

J. Appeal To The Board Of Aldermen. In the event of a determination by the Planning and Zoning Commission that the nominated Landmark or Historic District does not meet the criteria for designation, the nominator or any owner of the nominated Landmark or of property within the nominated Historic District, may within thirty (30) days after the postmarked date of the notice of the determination file with the City Clerk a written appeal to the Board of Aldermen.

K. Action By The Board Of Aldermen. The Board of Aldermen shall, within sixty (60) calendar days after receiving the recommendation from the Planning and Zoning Commission, either reject the recommendation or written appeal by formal resolution or designate the Landmark or Historic District by ordinance. The Board of Aldermen may hold a public hearing before enacting the ordinance and provide notice and take testimony in the same manner as provided in Section 407.050(F) of this Chapter. The City Clerk shall provide written notification of the action of the Board of Aldermen by regular mail to the nominator, appellant, and the owner(s) of record of the nominated Landmark or of all property within a nominated Historic District. The notice shall include a copy of the resolution or designation ordinance passed by the Board of Aldermen and shall be sent within seven (7) days of the Board of Aldermen action. A copy of each designation ordinance shall be sent to the HPC, Planning and Zoning Commission and Building Inspector.

L. Appeal. A determination by the Board of Aldermen that a nominated Landmark or Historic District does or does not meet the criteria for designation shall be a final administrative decision.

M. The Designation Ordinance. Upon designation, the Landmark or Historic District shall be classified as a "District H — Historic," and the designating ordinance shall prescribe the significant features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be submitted for review; the design guidelines, including minimum maintenance standards, for applying the criteria for Certificate of Review; permitted uses; special uses; height and area regulation; minimum dwelling size; floor area; lot size; sign regulation; and parking regulations. The official zoning map of the City of Canton shall be amended to show the boundaries of the supplemental zoning designation and shall not affect in any way the underlying zoning designation as provided in other Chapters of this Title.

N. Interim Control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated Landmark or of any property or structure within a nominated Historic District from the date of the meeting of the HPC at which a nomination form is first presented until the final disposition of the nomination by the Board of Aldermen unless such alteration, removal, or demolition is authorized by formal resolution of the Board of Aldermen as necessary for public health, welfare, or safety. In no event shall the delay be for more than one hundred eighty (180) days.

O. Amendment And Rescission Of Designation. Designation may be considered for amendment or rescission upon petition to the HPC in compliance with the same procedure and according to the same criteria set forth herein for designation. In general, rescission will occur only if a property loses so much integrity it is no longer eligible to be landmarked.

Section 407.060 Design Review.

[Ord. No. 801-C, 11-20-2017]

A. Municipal Improvements. City officials charged with design responsibility for any municipal improvement, structure or sign within the Historic District shall hold preliminary discussions on the proposed project with the HPC to obtain its preliminary recommendations with respect to environmental, historic, architectural, aesthetic and design considerations of the project. The HPC shall review municipal improvements at the completion of design development and construction phases or at any other time it deems necessary to further the purposes of this Chapter. Any significant deviation from a plan supported by the HPC shall be resubmitted to the HPC for its further review and recommendation. The HPC's recommendations on municipal improvements shall not be binding upon the City, but shall be considered in the decisions of City Officials and the Board of Aldermen.

B. Requirement. No person shall begin or substantially change any development subject to review under this Chapter without first obtaining design review by the HPC and obtaining a Certificate of Review or, in the case of demolition, a waiver as a result of review.

C. Permits. No City permit or approval shall be issued for any development for projects requiring HPC review without first obtaining design review by the HPC and obtaining a Certificate of Review, or in the case of demolition, a waiver as a result of review.

D. Demolition. No demolition of any building or structure subject to review under this Chapter shall begin without first obtaining a design review by the HPC of the proposed replacement development and obtaining a Certificate of Review. In the event the applicant has not determined a replacement development, the HPC may, after reviewing the effects of the demolition, issue a waiver of design review prior to demolition if it finds the proposed demolition prior to design review would not be detrimental to the purposes of this Chapter. In the event of a finding by the City of an unsafe condition, an abatement order may be issued by the City without compliance with this Subsection; provided that all reasonable efforts have first been made to preserve and correct unsafe conditions rather than damage or demolish valuable buildings, structures, or objects.

Section 407.070 Exemptions.

[Ord. No. 801-C, 11-20-2017]

A. The following activities do not require a Certificate of Review or reviews by the HPC:

1. Ordinary Repair Or Maintenance.

a. Definition Of Ordinary Maintenance. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.

2. Emergency repairs.

3. Interior remodeling or interior decoration.

4. Exterior facade improvements on structures located outside of the Historic District.

Section 407.080 Certificate Of Review Required.

[Ord. No. 801-C, 11-20-2017]

A. The following activities require a Certificate of Review by the HPC:

1. Exterior facade improvements on all structures located within the Historic District or involving a designated Historic Landmark.

2. All new construction to include primary and accessory structures within a locally designated Historic Districts.

a. Design Review Non-Binding On Applicant. The recommendation of the HPC set forth in a Certificate of Review shall be advisory only and shall not be binding on the applicant or any other person, provided, however, that the applicant may, at their option, agree to certain binding conditions contained therein in the course of approval of a variance, special use permit, or other City approval related to the development.

b. Optional Pre-Application Review. Prior to submitting an application for design review and/or building permit, any person proposing a development which is subject to review under this Chapter may submit the required plans in preliminary or sketch form so that the comments and advice of the HPC may be incorporated into the plans submitted for application. Such pre-application consultations are encouraged to assist project proponents to achieve the best possible development and to facilitate timely review of the proposal whenever an application is made on the project.

c. Design Review Application:

(1) Applications for design review shall be submitted to the HPC through Canton City Hall and shall consist of a completed application on a form prescribed by the HPC accompanied by a site plan showing the location of the building or buildings, parking, exterior lighting, signs and landscaping; exterior elevations of the front and side with a description of the type and finished color or exterior siding, windows and roofing to be used; detailed drawings of architectural features, signs and trim; historic and "as is" photographs of the subject building or site and adjacent structures. All diagrams shall be drawn to scale. The HPC may request additional information necessary for their review and recommendation.

(2) Applications for a special use permit pursuant to Chapter 405 or variance pursuant to Chapter 700 shall submit their plans for review and recommendation to the HPC at least fifteen (15) days prior to the first hearing scheduled on the proposed development.

d. Design Review Process:

(1) Upon receipt of a completed application for review, the City Clerk shall notify the HPC and forward the application to its members.

(2) The HPC shall set a public meeting time and place as soon as possible to review the application according to the design review standards established pursuant to Section 407.080(A)(5). The HPC shall request the applicant, and may request any design professionals assisting the applicant, to attend the meeting. If the applicant or the applicant's representative fails to attend the meeting, an alternate meeting shall be scheduled by the HPC within thirty (30) days of the initial meeting; provided, that in such event the thirty (30) day review period prescribed in Subsection (A)(4) of this Section shall not commence from the date of the application but shall instead commence on the date to which the meeting on the subject application is continued. Failure of the applicant or the applicant's representative to attend either the initial or continued meeting set for review of the application shall constitute a failure of the application requirements and no permits shall be granted by the City on the project unless and until the applicant has reapplied for review and obtained a Certificate of Review pursuant to this Chapter.

(3) The HPC may, in the execution of its review, assign any portion of the review of any application to any member or committee of the HPC provided that final action to issue a Certificate of Review shall be made by a majority vote of the members present. Upon receipt of an application for a permit for development subject to review under this Chapter, the Building Inspector shall:

(a) Inform the applicant of the review requirements;

(b) Report receipt of the application to the HPC;

(c) Assist the HPC in considering building, zoning, sign and fire code requirements which may apply to the proposed development; and

(d) Shall not issue any such permit until a Certificate of Review has been obtained.

(4) Unless an extension is authorized by the applicant, the HPC shall complete its review within thirty (30) days of receipt of a complete application. In the event the HPC fails to issue a Certificate of Review within such period, a Certificate of Review shall be deemed to have been issued without recommendation as if the HPC had so acted.

e. Design Review Standards And Guidelines:

(1) Design guidelines for review of applications for certificates of review shall, at a minimum, include the following architectural criteria:

(a) Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a Historic District.

(b) Proportions Of Windows And Doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a Historic District.

(c) Relationship Of Building Masses And Spaces. The relationship of a structure within a Historic District to the open space between it and adjoining structures should be compatible.

(d) Roof Shape. The design of the roof should be compatible with the architectural style and character of the landmarks and surrounding structures in a Historic District.

(e) Landscaping. Landscaping should be compatible with the architectural character and appearance of the Landmark and of surrounding structures and landscapes in Historic Districts.

(f) Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures in a Historic District.

(g) Directional Expression. Facades in Historic Districts should blend with other structures with regard to directional expression. Structures in a Historic District should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alterations, construction or partial demolition should be compatible with its original architectural style and character.

(h) Architectural Details. Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original character of significant architectural style and to preserve and enhance the Landmark or Historic District.

(i) Signage. The character of signs should be in keeping with the historic or architectural character of a Landmark or Historic District. Character of a sign includes the number, size, area, scale, location, type (e.g., off-site advertising signs and on-site business signs), letter size or style and intensity and type of illumination.

(j) Minimum Maintenance. Significant exterior architectural features should be kept in a condition of good repair and maintenance. All structural and mechanical systems should be maintained in a condition and state of repair that will present decay, deterioration or damage to significant architectural features or otherwise adversely affect the historic or architectural character of structures within a Historic District.

3. In its review of proposals which are subject to this Chapter, the HPC shall be guided by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (revised 1983), including, but not necessarily limited to, the following standards for rehabilitation set forth therein:

a. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended use.

b. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

c. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

d. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

e. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

f. Changes which may have taken place in the course of time are evidence of the history and development of a building. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

g. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

h. Distinctive architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

i. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

j. Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

4. In addition, the HPC may also from time to time adopt by rule additional or modified standards and guidelines as authorized by the Board of Aldermen as provided in this Chapter.

a. Certificate Of Review. Whenever the HPC has completed its review, it shall issue a Certificate of Review on a form prescribed by the HPC. The Certificate of Review shall, include, but not necessarily be limited to, the following information: the name of the applicant, the date the certificate is issued, the location of the proposed development, a brief narrative description of the development, specific reference to any and all plans submitted by the applicant, whether or not the HPC finds the proposed development to be contributing to the Historic District and any and all specific design recommendations made by the HPC on the application.

b. Effect Of Review On Other Approvals:

(1) Issuance of a Certificate of Review by the HPC does not constitute or imply approval of any other permit or approval which may be required for the development.

(2) No provision of this Chapter shall be interpreted as limiting the authority of the hearings body or decision-making body to impose conditions as authorized elsewhere in this Title.

(3) Properties subject to review pursuant to this Chapter shall be subject to the provisions set forth in this Chapter, as well as the bulk use, setback and other provisions of the zoning district in which they are located. Nothing contained in this Chapter shall be construed to repeal, modify or waive any applicable provisions of State or local laws, rules, regulations or ordinances.

(4) Neither the HPC nor its communities are delegated any executive or legislative power, authority or responsibility.

Section 407.090 Public Safety Exclusion.

[Ord. No. 801-C, 11-20-2017]

None of the provisions of this Chapter shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the Building Inspector, and where the proposed measures have been declared necessary, by such department or departments, to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire, by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.