(a) Application for the consideration of the designation of a Historic District, Historic Landmark, Historic Building, or a Historic Site may be made by the filing of a designation application, in such form as the Landmark Commission may prescribe, by the Landmark Commission on its own initiative, by the owner of the subject property or by the owner of a property within the area proposed to be designated, by Council or a member of Council, by a member of the City Administration, by the City Engineer, by the City Planning Commission, by City Planning Staff, by the Commission Secretary, or by a local community organization, including, but not limited to, preservation associations, neighborhood associations and community councils. No Historic Structure or Historic Site may be demolished or excavated during the pendency of a designation application, which commences upon the filing of a complete designation application.
(b) For the purpose of considering an application for historic designation or determining historic significance of a district, site, structure, or property to the history, architecture, archaeology, engineering, or culture of a community, state, or the nation, the Commission shall consider if the subject property possesses integrity of location, design, setting, materials, workmanship, feeling and association and may further be achieved in several ways:
(1) Are associated with broad pattern of our history, events, activities, or patterns that have made a significant contribution to the history of the City; or
(2) Are associated with the lives of persons significant or important to our past; or
(3) Embody the distinctive characteristics of a type, period or method of construction, design, or form that represent a significant and distinguishable entity whose components may lack individual distinction; or
(4) Have yielded, may be likely to yield, or has potential to yield important information of historic or prehistoric interest.
For the purposes of this Chapter 1105, a structure, group of structures, site, or building may not be deemed as having Historic Significance solely because it is:
(1) A cemetery, birthplace, grave of a historical figure or a property owned by religious institutions or used for religious purposes, unless it is a religious property deriving primary significance from architectural or artistic distinction or historic importance, or;
(2) A structure that has been moved from its original location, is a reconstructed historic structure, is a property primarily commemorative in nature or a property that has been erected within the past fifty (50) years, unless the structure or property is an integral part of a district that meets the above criteria or falls within one or more of the following categories:
A. A structure removed from its original location but that is significant primarily for architectural value or that is the surviving structure most importantly associated with a historic person or event; or
B. A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or structure directly associated with the subject's productive life; or
C. A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
D. A reconstructed structure when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other structure with the same association has survived; or
E. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or.
F. A property achieving significance within the past fifty (50) years if it is of exceptional importance or is unique within the City.
(c) In the event a property owner is not the applicant for historic designation, the Landmark Commission shall notify the owner of the property recommended for landmark status of the proposal to designate their property. Whenever possible the Commission shall secure the owner's written consent for the proposed designation. The Commission shall cause a legal notice to be prepared and published indicating the property or properties to be designated and the time, date, and location of the hearing.
(d) Within sixty (60) days of the receipt of a completed designation application, the Secretary of the Landmark Commission has the duty to prepare and send to the Landmark Commission a report and proposed conservation guidelines for the Historic Landmark, Historic District, Historic Building, or Historic Site and a proposed boundary map for any Historic District. For a proposed Historic District, staff shall prepare and send to the Landmark Commission a list of all structures within the proposed Historic District that staff considers being Non-Contributing Structures. Not later than thirty (30) days after receipt of the Commission Secretary's report and proposed conservation guidelines, the Landmark Commission shall schedule a public hearing on the proposed designation.
(e) After a public hearing on the proposed designation, the Landmark Commission has the duty to decide whether to recommend designation of the proposed Historic Landmark, Historic District, Historic Building, or Historic Site based on its Historic Significance described herein, and forward its decision, whether favorable or not, along with the proposed conservation guidelines to the Canton City Planning Commission.
(f) Within thirty (30) days of the transmittal of the decision and recommendation of the Landmark Commission, the Canton City Planning Commission shall hold a public hearing to determine whether to follow the recommendation of the Landmark Commission. In making such determination, the Canton City Planning Commission shall consider all of the following factors:
(1) The relationship of the proposed designation to the comprehensive plans of the City and of the community in which the proposed Historic Landmark, Historic District, Historic Building, or Historic Site is located; and
(2) The effect of the proposed designation on the surrounding areas and economic development plans of the City; and
(3) Such other planning and historic preservation considerations as may be relevant to the proposed designation.
(g) After a public hearing on the proposed designation and conservation guidelines, the Canton City Planning Commission has the duty to decide whether to approve or disapprove the designation and forward its decision, whether favorable or not, along with the conservation guidelines to Council.
(h) Upon receipt of the decision of the Canton City Planning Commission, Council shall vote to ordain or overrule the Canton City Planning Commission's decision. A simple majority of the members elected to Council is required to ordain a designation; provided, however, if the Canton City Planning Commission disapproves the designation, a two-thirds majority vote of Council is required to overrule the City Planning Commission's decision. Council may also table the recommendation for alterations.
(i) Once Council approves a landmark, site, building or district designation, the Landmark Commission shall notify the Chief Building Official and relevant City offices of the official designation.
(Ord. 103-2017. Passed 5-8-17.)