(a) When the owner of any property designated as a Historic Landmark intends to alter or demolish any portion of such landmark, such owner shall first apply for and secure a Certificate of Appropriateness from the Canton City Landmark Commission. The application for such Certificate of Appropriateness shall be deposited with the Commission, together with such plans, specifications and other materials as shall adequately describe the nature and extent of the proposed alteration or demolition, and such other information as from time to time may be prescribed by the Commission. This application shall be filed contemporaneously with an application for a building or demolition permit for the intended work.
(b) Except as authorized by the Commission under the provisions of this chapter, there shall be in effect a moratorium upon any proposed or intended alteration or demolition of a designated Historic Landmark within the City, which shall be in effect for a period of 180 days from the date of filing of the application for a Certificate of Appropriateness.
(c) The Commission shall, upon receipt of the application for a Certificate of Appropriateness, assign such application for a public meeting to be held within forty-five (45) days of the filing of such application; and shall proceed to give such notice thereof by one publication in a newspaper of general circulation within the City not less than ten (10) days prior to the date of the scheduled public meeting. The Commission shall, within five (5) days of the filing of the application for a Certificate of Appropriateness, also give notice of the application and public meeting to the Clerk of Council, the Council member for the affected ward, the Mayor, the Canton Preservation Society, the Ohio Historical Society, and to any other neighborhood or community organizations or groups which have made specific request in writing for the receipt of such notices.
(d) At the scheduled date and time, the application shall proceed to a public meeting, at which hearing the Commission shall inquire regarding the proposed action to be taken by the applicant with respect to the affected Historic Landmark and shall hear all of the concerns and suggestions of the general public and other parties of interest. The applicant shall be entitled to attend such hearing and to present evidence in person or through his representatives or legal counsel.
(e) At the public meeting upon the application for a Certificate of Appropriateness, the Commission shall determine whether the proposed plan of alteration or demolition shall substantially and detrimentally affect a significant architectural feature of the Historic Landmark in question; and whether there exists any exigent circumstance or imminent danger to the public health or safety, or any special and undue economic hardship to the owner or other special community development circumstances which would require or necessitate that the applicant be permitted to proceed with its proposed plans for alteration and/or demolition of the Historic Landmark. Depending upon the outcome of such determinations, the Commission shall act upon the application as follows:
(1) If the Commission finds that the proposed plan of alteration or demolition does not substantially and detrimentally affect a significant architectural feature of the Historic Landmark, the Commission shall forthwith issue a Certificate of Appropriateness as applied for.
(2) If the Commission determines that the proposed plan would substantially and detrimentally affect a significant architectural feature of the Historic Landmark, but also finds that there are existing exigent circumstances or imminent danger to the public health or safety, or that the denial or postponement of issuance of a Certificate of Appropriateness would result in unreasonable economic hardship upon the owner or that there are other special community development circumstances justifying issuance of the Certificate of Appropriateness, the Commission may issue a Certificate of Appropriateness as applied for, or with such modifications or conditions as may be deemed appropriate by the Commission.
(3) If the Commission finds that the proposed plan of alteration or demolition would substantially and detrimentally affect a significant architectural feature of the Historic Landmark and further finds that there are no exigent circumstances or imminent danger to the public health or safety or circumstances of unreasonable and undue hardship to the property owner or special community development circumstances which may justify issuance of the Certificate of Appropriateness, it shall be ordered that the 180-day moratorium period shall remain in force and effect; and the applicant and Commission shall then proceed to mutually confer and cooperate in good faith efforts, attempting to avoid the proposed alteration or destruction of the Historic Landmark in question. During this period the Commission may also conduct further studies and investigations for the purposes of finding means to avoid the proposed alteration or demolition of such Historic Landmark. If the public health or safety requires temporary or partial measures to be taken to protect the public, the Commission may permit temporary or partial measures to be taken only if the evidence of danger to the public is clear and convincing and no other method is reasonably available for the protection of the public.
(f) In the absence of a determination by the Commission issuing a Certificate of Appropriateness during the moratorium period, at the conclusion of such 180-day period the Planning Commission shall issue a final order approving, denying or modifying the applicant's proposed plan for alteration and/or demolition of the Historic Landmark in question. Provided, however, that any modification of the proposed plan shall require the consent of the applicant; and further providing that any order of denial of the Certificate of Appropriateness may provide for the further delay of performance of the proposed alteration or demolition for a maximum additional period of no more than 180 days, which additional delay of the proposed action by the applicant shall only be ordered if the Commission finds that the Historic Landmark or architectural feature in question is of such importance to the historic and cultural well being of the community to reasonably require additional time to seek its preservation by alternative development or uses or other means and that the potential preservation of the structure or architectural feature is a reasonable prospect for accomplishment within such additional time period.
(g) In the event, upon expiration of any such additional delay period ordered by the Commission, the Commission shall forthwith issue a Certificate of Appropriateness without further hearing or procedures being required. No building or demolition permit shall be issued by any Building Official of the City except in accordance with the final determination of the Commission. The Commission shall promptly, upon expiration of the initial moratorium period, notify the applicant and all parties who participated in such proceedings of its final decision and order in writing.
(h) The applicant and any party in interest, who has participated in the application and hearing proceedings before the Commission, shall have the right to appeal a final determination and order of the Commission to the Court of Common Pleas in accordance with the provisions of Ohio R.C. Chapter 2506. A determination and order granting the issuance of a Certificate of Appropriateness or an order denying or delaying the issuance of a Certificate of Appropriateness after the initial 180-day moratorium period shall be considered as final appealable orders. A determination denying or delaying the issuance of a Certificate of Appropriateness during the initial 180-day moratorium period shall not be considered a final appealable order.
(Ord. 103-2017. Passed 5-8-17.)