(a) Composition and Appointment. The Historic Preservation Commission shall consist of seven members appointed by the Mayor with the advice and consent of Council. The members shall be appointed from each of the following organizations or professions:
(1) The Canal Fulton Heritage Society;
(2) The Canal Fulton Chamber of Commerce;
(3) The Canal Fulton Planning Commission;
(4) An architect, landscape architect or city planner;
(5) The Canal Fulton Council;
(Ord. 20-1978. Passed 9-19-78.)
(6) A homeowner who resides in the District.
(7) An owner of a business property located within the District. Such business property owner shall also be a resident of the City of Canal Fulton, Ohio. Architects, Landscape Architects or City Planners mentioned in 1175.04(a)(4) may be nonresidents.
(Ord. 45-92. Passed 10-6-92.)
(b) Compensation. Members of the Preservation Commission shall serve without pay but may be reimbursed by the City for necessary expense incurred in connection with their duties.
(c) Organization; Officers; Rules; Meetings.
(1) At their first meeting, members shall elect officers who shall serve terms of one year.
(2) The Commission shall establish any rules necessary for the orderly conduct of its business.
(3) All meetings of the Preservation Commission shall be open to the public.
(4) The Commission shall keep a record, which shall be open to the public, of its resolutions, procedures and action.
(d) Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:
(1) To recommend to Council the geographic boundaries of additions to or changes in the Historic District, and to recommend those buildings and structures which should be designated Historic Landmarks.
(Ord. 20-1978. Passed 9-19-78.)
(2) To review applications for zoning permits within the Historic District for conformance with these regulations, and to issue certificates of appropriateness prior to issuance of any building or zoning permit, pertaining to exterior signage, landscaping, construction, erection, alteration, removal, moving or demolition of any building within the Historic District or any structure or lot designated as an Historic Landmark.
(Ord. 20-1978. Passed 9-19-78; Ord. 23-87. Passed 5-19-87.)
(3) To advise the Planning Commission, Council and others on matters involving structures and areas of historic or architectural significance. Further, to assemble and make available information pertaining to historic preservation.
(4) To conduct such studies and research on the historic or architectural significance of buildings, structures, features, sites, objects and surroundings in the City as are necessary and to adopt general criteria for the review of proposed construction or alteration within the Historic District.
(5) To hold such public hearings or meetings as the Preservation Commission may deem necessary or appropriate to the conduct of its business.
(6) To make recommendations concerning the establishment of an appropriate system of markers for historic structures and areas, to advise owners or residents of historically and/or architecturally significant structures or areas on problems and techniques, and resources for historic preservation, to make recommendations concerning the preparation of maps, brochures and descriptive material about the City's structures and areas of historic and/or architectural significance.
(7) Acquisition of historic easements. The City may acquire, by the purchase, donation or condemnation, historic easements in any area within its jurisdiction wherever and to the extent that Council, upon the recommendation of the Commission, determines that the acquisition will be in the public interest, consistent with the general purposes of this section of the Zoning Ordinance. For the purpose of this section, the term "historic easement" means any easement, restriction, covenant or condition running with the land.
(Ord. 20-1978. Passed 9-19-78.)
(8) Review resources nominated for designation as either an historic landmark or structure and recommend that City Council designate by ordinance those resources qualifying for such designation.
(9) After the Historic Preservation Commission proposes a designation(s) of any area, place, building, or structure as a landmark, it will take the following actions:
A. The Historic Preservation Commission shall advise the Planning Commission of the proposed designation and secure from the Planning Commission its opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Historic Preservation Commission along with its recommendation to City Council. The Historic Preservation Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation by the Planning Commission.
B. The Historic Preservation Commission shall thereafter notify the owner of such property of the proposed designation. Whenever possible, the Commission shall secure the owner's written consent or submittal of the proposed designation, together with its recommendation and findings of fact, to Council. In the event that the owner refuses or declines to give his written consent to the proposed designation, the Commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any persons having a legal or equitable interest in the property being proposed for designation. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property involved and the date, time and place of the scheduled public hearing.
C. The Commission shall conduct the public hearing and provide a reasonable opportunity for all interested parties to express their opinions under such rules as the Commission may adopt for the purpose of governing the proceedings of the hearings. Each speaker shall be fully identified as to name, address and the interests which he represents. The Commission shall make a determination with respect to the proposed designation in writing within thirty days after the initial hearing date and shall notify any owner or any person having a legal or equitable interest in the property, as well as such other interested parties as may request a copy thereof. The Commission shall set forth in its recommendation such findings of fact which constitute the basis for its decision and shall transmit the recommendation concerning the proposed designation to Council.
D. City Council shall give due consideration to the findings and recommendations of the Commission, as well as such views as may have been expressed by persons participating in the hearing before the Commission, in addition to the recommendation of the Planning Commission, in making its determination with respect to the proposed designation of any areas, places, buildings, or structures as landmarks. Council may, in its discretion, hold public hearings on any such proposed designation, whether designation is proposed only with the consent of the owner, or after public hearings before the Commission. Upon its conclusion, the City Council may designate by ordinance the areas, places, buildings, or structures as landmarks.
E. As soon as is reasonably possible, the Commission shall file with the County Recorder of Deeds a certified copy of the designation ordinance together with a notice briefly stating the fact of designation and a summary of the effects the designation will have. The Commission, further shall send by registered mail a certified copy of the ordinance and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in the property.
(Ord. 11-03. Passed 4-1-03.)