Loading...
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.)
The Historical Preservation Area shall consist of the area noted in the Comprehensive Plan as the Historical Preservation Area Map. Any building in this area that is fifty years old, or becomes fifty years old after passage of this section, shall be considered part of the Official Historical Design District Register of Listed Properties. No building or structure within the Area shall be razed, removed or relocated without obtaining the approval, in writing, of the Historical Preservation Area Review Committee. The Committee shall have the authority to refuse a request if, in their opinion, the removal, relocation or razing would be detrimental to the public interest and welfare of the Municipality. Any appeal to a decision of the Committee shall be taken to the Board of Appeals, in accordance with Section 1127.03.
(Ord. 1993-54. Passed 10-5-93.)
(a) In considering the designation of any area, place, site, building, structure, object or work of art in the City as an Historical District or listed property, the Historic Preservation Area Review Committee, the City Planning Commission and Council shall apply the following criteria with respect to each property. One or more of the following shall apply:
(1) The character, interest or value as part of the heritage of the City, the State or the United States;
(2) The location as a site of a significant historic event;
(3) The identification with a person or persons who significantly contributed to the historic development of the City;
(4) Its exemplification of the cultural, economic, social, archaeological or historic heritage of the City;
(5) The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) The embodiment of a distinguishing historical characteristic of an architectural type of specimen;
(7) Its identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural or technological innovation;
(9) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City;
(10) Its having yielded or its likelihood of yielding information important to the understanding of history.
(b) In addition to meeting at least one of the above criteria, proposed Historic Districts shall also meet the following criteria in order to be designated:
(1) The proposed area shall be enclosed by boundaries, such as streets, freeways, railroads, rivers or open space, which set the area off in relation to its surroundings;
(2) The area within the proposed boundaries shall have a high degree of historic integrity, without excessive loss of architectural or historic character;
(3) The area within the proposed boundaries shall have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to a master plan, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.
(c) The Committee shall notify the owners of any proposal to list the property or designate an Historic District which encompasses the property either by certified mail or personal delivery.
(d) Whenever possible, the Committee should secure the written consent of the property owners for a listing of property. Upon receipt of such consent, the recommendations for listing shall be sent to Council for submission to the City Planning Commission for its review and recommendation. Thereafter, Council shall hold a public hearing on any such proposed listing and following such hearing, Council may list such area, place, site, building, structure, object or work of art as a listed property by a majority vote.
(e) In the event that the owners of the properties refuse or decline to give written consent to the proposed listing of property, and the Commission feels it is of considerable importance to the community that the property be listed; and in the designation of all Historic Districts, the following procedure shall be followed:
(1) The Committee shall schedule a public hearing on the question of the proposed designation or listing, setting forth a date, time and place and causing written notice to be given to the owner; or, in the case of a large Historic District (fifty or more properties) where individual notices may not be practical, notice is to be given through the existing neighborhood or other organization. The Committee 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 or district involved, and the date, time and place of the scheduled public hearing;
(2) The Committee shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within fifteen days after the hearing, the Committee shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit such recommendations concerning the proposed designation or listing to Council, which shall follow the review and action procedures set forth in Section 1129.05, except as provided otherwise herein;
(3) Council shall give due consideration to the findings and recommendations of the Committee and the City Planning Commission, as well as such views as may have been expressed by persons participating in the hearing before such Commission, in making its determination with respect to the proposed designation. The City Planning Commission and Council shall follow review and action procedures established in Section 1129.05;
(4) If Council approves the property listing or Historic District, the Committee shall notify the owner(s) of such decision. In the event the proposed designation is disapproved by Council, the Committee may, after a period of sixty days, resubmit the proposal to Council for reconsideration.
(Ord. 1993-54. Passed 10-5-93.)
(a) The owner of an historic structure or any structure within an Historic District, regardless of whether such structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
(b) The provision of subsection (a) hereof shall be in addition to all other applicable provisions of these Codified Ordinances.
(c) The Historic Preservation Area Committee, on its own initiative, may file a petition with the City Manager requesting that the Manager proceed to take action against any property owner which, in the opinion of the Board, is in violation of subsection (a) hereof.
(Ord. 1993-54. Passed 10-5-93.)
(a) No person shall locate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure within the Municipality without having obtained the required certification of a zoning and building permit. Permits are required for but not limited to, the following types of work; new construction, reconstruction, additions, alterations, fences, siding (vinyl, aluminum, wood, etc.), window enlargements, decks, garages, carports, storage sheds, awnings, canopies, roofing work and swimming pools. Such certification or permit should not be issued unless the plans for the proposed structure of work fully comply with the provisions of the Zoning Ordinance. (Ord. 2016-31. Passed 11-16-16.)
(b) Demolition Permit Required. No person shall demolish any building or structure within the municipality without having the required certification of a demolition permit.
(c) A demolition permit is required for the demolition of any structure within the City limits. Any building or structures within the design district or the historical district shall also have the design review/historical preservation committee approval prior to the application for the demolition permit.
(d) Application. Application for a certification of demolition shall be made in writing to the Zoning Inspector. Each written application shall include the following:
(1) Name, address and telephone number of the applicant.
(2) Existing zoning.
(3) Signature of owner.
(e) Prior to the issuance of the demolition permit, the following information shall be provided along with a completed demolition application:
(1) The owner and contractor shall be required to comply with all applicable state, local and federal laws and regulations relating to the proposed demolition including but not limited to inspection requirements, and the abatement, removal and disposal of hazardous material.
(2) Written copy of verification from each of the utility companies: electric, gas, telephone, cable or satellite television service, water, and sewer that service has been disconnected at the location. Additionally, sewer connection (s) shall be properly capped.
(3) Certificates of insurance from either the owner or contractor evidencing general liability insurance in the amount of one million and no/100 dollars ($1,000,000.00) providing coverage for demolition.
(f) The cost of the demolition permit fee is fifty dollars ($50.00) except that the fee for the demolition of sheds and decks shall be ten dollars ($10.00).
(g) The permit shall be issued within ten (10) days of the completed application being submitted.
(h) Upon completion of the demolition of any building or structure, the property shall be backfilled, seeded, mulched and repaired to existing grade. No construction, building, or other non-biodegradable materials shall be backfilled into the site.
(i) Foundation(s) of any demolished structures shall be removed to a depth of three (3) feet below the existing grade, and basement floor(s), if any, shall be broken apart, punctured or otherwise demolished to prevent water accumulation.
(Ord. 2014-31. Passed 8-20-14; Ord. 2023-32. Passed 9-6-23.)
When the owner of a property within the Design Review/Historic District or owner of a listed property intends to construct, reconstruct, alter, relocate or demolish any portion of a structure within the District or of a listed property, he shall first apply for and secure an approval from the Committee. The application for an approval shall be deposited with the City's Zoning Inspector, together with such plans, specifications and other material as the Committee may from time to time prescribe.
(a) Within thirty days, the Committee shall consider the applications, plans and specifications, and determine:
(1) Whether any "exterior architectural feature" is involved, and
(2) Whether a certificate of approval shall be issued or denied. If the Committee determines that no architectural feature is involved, it shall approve the request by a majority vote of its members and authorize the Zoning Inspector to issue a certificate of approval (zoning permit), subject to all other ordinances of the City.
(b) In the event the Committee finds that an architectural feature is involved, the committee shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this chapter, the Design Review/Historic District of listed property. In making such determination, the committee shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Committee. When the committee considers a National Register nomination and other actions (for example, an archaeological site) which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Committee, the Committee shall seek expertise in this area before rendering its decision. In the case of archaeological property, the Committee shall seek professional help from Youngstown State University.
(c) The Committee may require any person applying for a certificate of approval or request any person whose interests appear adverse to those of the applicant, to file with the Committee prior to any hearing or determination, information concerning the applicant's intentions, or such person's adverse interests or intentions.
(d) If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect upon the Design Review/Historic District or listed property, and does not violate the spirit and purpose of these preservation regulations, then the Committee Secretary shall cause notice to be given to the Zoning Inspector for the issuance of permits.
(e) If the Committee determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect upon the Design Review/Historic District or listed property, and does violate the spirit and purpose of these preservation regulations, then the Committee shall deny approval.
(f) In the event that the Committee determines within the thirty day review period that a certificate of approval shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration or demolition of any area, place, building, structure site, object or work of art. The Secretary of the Committee shall forthwith notify the applicant of such determination and transmit to him a certified copy of the reasons for denial and recommendations, if any, of the Committee. Any appeal to a decision of the Committee shall be taken to the Board of Appeals in accordance with Section 1127.03.
(g) Upon denying a certificate of approval, the Committee shall impose a waiting period of at least thirty days, but not to exceed six months from the date of disapproval, during which time the committee shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Committee and the applicant shall be held within thirty days from the date of disapproval. If a compromise proposal is accepted by both parties, the Committee may henceforth grant an approval.
(h) In the case of denial of an approval for demolition:
(1) The Committee and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Committee and applicant shall investigate the feasibility of all means of preserving the listed property. If the Committee and applicant do not agree on a means of preserving the structure at the initial meeting, then they shall continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least forty-five days after the initial meeting.
(2) If the applicant fails to meet with the Committee in good faith, in the time specified, then the Committee's denial of the application shall stand.
(3) If, after holding such good faith meetings in the waiting period specified by the Committee, the Committee determines that failure of approval will create a substantial hardship to the applicant and that such certificate may be issued without substantial derogation from the purposes of this chapter, then and in such event, the Secretary of the Committee shall cause notice to the Zoning Inspector to issue the permit for such proposed construction, reconstruction or alteration.
(4) If, after holding such good faith meetings in the waiting period specified by the Committee, no alternative solution to incompatible construction, reconstruction or alteration is reached, then the applicant may appeal the decision in accordance with Section 1127.03.
(Ord. 1993-54. Passed 10-5-93.)
(a) Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not less than ten dollars ($10.00) nor greater than one hundred dollars ($100.00) for each day the violation continues.
(b) Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this chapter, shall be required to restore this property and its site to its appearance prior to its violation. Any action to enforce this subsection shall be brought forth by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
(Ord. 1993-54. Passed 10-5-93.)