[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.
[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.
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.
A specific geographic division of the City of Canton.
The board established pursuant to Section 405.260.
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.
The act of adding to an existing structure or the erection
of a new principal or accessory structure on a lot or property.
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.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
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.
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.
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.
Members of the Historic Preservation Commission.
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.
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.
The person or other legal entity listed as owner on the records
of the County Recorder of Deeds.
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.
Any relocation of a structure, object or artifact on its
site or to another site.
Any change that is not construction, alteration, or removal.
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.
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.
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.
[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.
[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.
[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:
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.
[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.
[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.
[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.
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.
[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.
