Review Committee
1129.01 Definitions.
1129.02 Historic Preservation; purpose.
1129.03 Membership; qualifications; meetings.
1129.04 Committee duties.
1129.05 Authority of Design Committee.
1129.06 Requirements, procedures and area.
1129.07 Designation of Historic District or Listed Property.
1129.08 Minimum maintenance requirement.
1129.09 Zoning and demolition permits.
1129.10 Method of obtaining approval.
1129.99 Penalty.
CROSS REFERENCES
Board of Appeals - see P. & Z. 1127.03
D-Design Area Criteria - see P. & Z. Ch. 1159
As used in this chapter, the following terms shall have the following meanings:
(a) "Alter" or "alteration" means any material or visual change other than maintenance and repair, to the exterior of any listed property or to the interior of any listed property which was listed in part, or in whole, because of the interior's historic or architectural significance. "Normal maintenance and repair" means those alterations that do not require the issuance of a building permit, and/or zoning permit. Interior alterations refer to interior spaces that are publicly accessible, whether due to or caused by an emergency or due to new construction.
(b) "Applicant" means any person, trust, association, partnership or corporation that applies for a zoning or demolition permit for new construction or alteration, demolition or relocation of a listed property.
(d) "Committee" means Historical Preservation Area Review Committee and Design Review Committee.
(e) "Demolition permit" means a permit issued by the City for the razing or removal, in whole or in part, of a structure within the City limits.
(f) "Design Review Area" means the area noted as the Design Review Area on the Official Comprehensive Plan Map (Exhibit A).
(g) "Emergency" means a sudden need for action by means of construction, reconstruction, alteration, demolition or relocation caused by a natural disaster, accident or structural failure. The need for emergency-related replacement shall depend upon the physical condition of the existing structure as well as the cause of the emergency. Any eminent danger to the public may be cited as a cause for replacement.
(h) "Historical District Area" means the area noted as the Historic Preservation Area on the Official Comprehensive Plan Map. (Exhibit B).
(i) "Historical Preservation Authority" means the organization listed and defined in Section 1129.05.
(j) “Owner" means the owner of record according to the Mahoning County Recorder’s Office.
(k) "Structure" means a building, monument, work of art or work of engineering permanently affixed to the land or any material thing of functional, aesthetic, cultural, historical or scientific values that may be, by nature or design, movable, yet related to a specific setting or environment.
(l) “Zoning permit" means a permit to locate, erect, construct, reconstruct, enlarge, change or structurally alter any building or structure within the Municipality.
(m) "Certificate of approval" or "approval" means the zoning permit which is issued subject to the ordinances relating to the Design Review/Historical Preservation Area Review Committee and Districts.
(Ord. 1993-54. Passed 10-5-93.)
The purpose of this chapter are:
(a) To establish procedures whereby certain areas, places, sites, buildings, structures, objects and works of art shall be protected by providing a thorough study of alternatives to prevent incompatible alterations or demolition before such acts are performed, so that the following objectives are reached:
(1) Maintenance and enhancement of distinctive character of historical buildings and historic areas of the City;
(2) Safeguarding the architectural integrity of the City's listed properties and historic resources within designated districts;
(3) Safeguarding the heritage of the City by preserving areas, places, sites, buildings, structures, objects and works of art which reflect elements of the City's cultural, social, economic, political or architectural heritage;
(4) Selecting alternatives to demolition or incompatible alterations within designated areas and to listed properties before such acts are performed;
(5) Providing the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards;
(6) Encouraging new development of vacant land and buildings in accordance with the character of the designated districts and listed properties of the Design Review/Historic Preservation Area Committee;
(b) To contribute to the economic, recreational, cultural and educational development of the City by:
(1) Protecting and enhancing the City's attractions to prospective residents, tourists and visitors;
(2) Providing support and stimulus to business and industry;
(3) Strengthening the economy of the City;
(4) Stabilizing and improving property values;
(5) Fostering civic pride in the beauty and notable accomplishments of the past;
(6) Facilitating the reinvestment in and revitalization of certain older districts and neighborhoods;
(7) Promoting the use and preservation of historic sites and structures for the education and general welfare of the people of the City.
(Ord. 1993-54. Passed 10-5-93.)
(a) Membership. Appointment shall be made by council pursuant to Section 7.09 of the Charter of the Municipality of Canfield.
(b) Compensation. Compensation may be paid to members of the Design Review/Historical Preservation Area Review Committee upon authorization by Council.
(c) Conflicts of Interest. No voting member of the Historical Preservation Area Review Committee shall participate in the review of any item for discussion before such Committee if such member has any direct financial interest in the property involved in such discussion.
(d) Meetings and Public Notice. The Historical Preservation Area Review Committee/Design Review Committee shall hold monthly meetings. All agendas, records and minutes shall be available for public review. In addition, all Committee meetings shall be publicly announced, be open to the public and have a previously advertised agenda. Special meetings shall be held in a public place advertised in advance and open to the public. Furthermore, any rules of procedure and design guidelines adopted by the committee shall be available for public inspection.
(Ord. 1993-54. Passed 10-5-93.)
The duties of the Historical Preservation Area Review Committee shall be:
(a) To improve the quality of life in the City by striving to further achieve the spirit and purpose of this chapter,
(b) To act in an advisory rule to other officials and departments of local government regarding the protection of local cultural properties.
(c) To act as liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
(d) To work for the continuing education of the residents of the City with respect to the architectural and historic heritage of the City, and historical preservation issues and concerns.
(e) To employ technical experts as may be required to perform its duties within the appropriations made available therefor and to perform such other related tasks within its capabilities as may be required by Council.
(f) To accept grants, gifts and bequests, and to make application for, receive and administer grants and funds from governmental and private entities consistent with the purpose of this chapter.
(g) To review proposed National Register nominations for properties within its jurisdiction in accordance with OHIO CLG Guidelines.
(h) To recommend to the City Planning Commission and Council legislation that would serve to beautify, preserve, restore and develop the City or that would result in additions or revisions to this chapter.
(i) To conduct or cause to be conducted a continuation survey of cultural resources in the community, including all buildings, structures, sites, objects and areas of agricultural, historic or aesthetic interest, according to survey guidelines established by the Ohio Historic Preservation Office.
(j) To conduct or encourage members to attend educational sessions at least once a year pertaining to the function of the Commission or relating to specific historic preservation issues.
(k) Based upon information available to present to it, to make recommendations for designation of listed properties and historical districts to the City Planning Commission and Council.
(l) To keep a current register of all listed properties and provide the Zoning Inspector with a current copy thereof, showing any additions thereto; this register shall be made available to the public and shall be located at the City Hall Building, 104 Lisbon Street, Canfield, Ohio.
(m) To prepare an annual report documenting the Committee's activities, cases, decisions, special projects and membership that will be available for public inspection.
(n) To conduct meetings to consider or determine any matters related to Historic District or listed property designations within the corporate boundaries of the City which shall be scheduled by a vote of the membership at regular or special meetings. Parliamentary procedures shall be used during any official meeting.
(o) To review and act upon all applications for "Approval" as required by this chapter and to establish criteria, rules and regulations not otherwise included in this chapter for evaluating applications for certificates of approval submitted to it.
(p) To use written guidelines in making decisions on requests for permits for alterations, additions to or demolition of listed properties and buildings within historic districts.
(q) To consider whether the failure to issue an "Approval" will involve a "substantial hardship" to the applicant and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the interest and purposes stated herein.
(Ord. 1993-54. Passed 10-5-93.)
(a) The Design Committee shall be the Historical Preservation Area Review Committee. When functioning as the Historical Preservation Area Review Committee, they shall act as a mediating board for the maintenance of the Historical Preservation Areas. In addition to assure compliance or conformance with the evaluation criteria, exercising its review authority, as outlined in Section 1129.04, and assuring that requirements and procedures apply to the Design Area are followed, the Historical Preservation Area Review Committee shall have the authority to review and approve or deny the removal, demolition or relocation of buildings, signs or other structures within the Historical Preservation Area.
(b) The Committee shall adopt and publish the criteria for evaluation that shall be applied in determining the acceptability for buildings, structures, use of land and/or uses which are located within the area of jurisdiction of the D-Design Area, as shown on the Design Area Map. Such criteria shall be appropriate with the character of the area to which they are applied, as stated in Chapter 1159. The Committee shall have the authority to require changes in the appearance of the proposed building, sign, structure or alteration thereof and shall have the authority to impose such conditions or requirements as are considered necessary to carry out the purpose of the D-Design Area. The Committee has no authority to waive or change the minimum requirements of this Zoning Ordinance.
(Ord. 1994-36. Passed 8-9-94.)
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