CHAPTER 1107
Architectural Review Board

1107.01 STATEMENT OF PUBLIC POLICY AND PURPOSE.

(a)   Council hereby recognizes that the City contains numerous structures and landmarks of historical, aesthetic and cultural significance the preservation and maintenance of which is important to the cultural and economic wellbeing of the community and necessary for the public health, safety, prosperity and welfare of the citizens.

(b)   Council hereby pronounces its dedication to the preservation, enhancement, and perpetuation of those aspects of the City having historical, aesthetic and architectural significance and value within the downtown area.

(c)   Council hereby recognizes that establishing the downtown area as a livable center of commerce and entertainment is conducive to public health, safety, convenience and the welfare of citizens.

(d)   The Architectural Review Board is designed to enhance and further the following goals:

(1)   To preserve, protect and enhance historically, culturally and architecturally significant sites and structures located within the downtown area of the City which impart a distinct aspect to the City and serve as visible reminders of the City's cultural, architectural, and economic heritage.

(2)   To promote the economic prosperity and welfare of the community by conserving the value of buildings and property within the downtown area, and to thereby generally stabilize and enhance long-term property values throughout the downtown area.

(3)   To strengthen civic pride throughout the City by the conservation of elements of the City's cultural, social, economic, political and architectural heritage.

(4)   To provide a review process for the appropriate preservation and development of important architectural resources of the downtown area; and to provide procedures whereby architecturally significant sites and structures having importance to the community shall be safeguarded and which shall ensure adequate evaluation and consideration of all available alternatives by public review of proposed alterations or demolitions before such alterations or demolitions are performed.

(5)   To ensure the harmonious, orderly and efficient growth and development of the downtown area.

(Ord. 70-2022. Passed 3-28-22)

1107.02 DEFINITIONS.

For purposes of this chapter, the following terms shall have the meanings provided in this section:

(a)   "Alter" or "alteration" means any material change in the external, architectural features of any property, including the landscaping of real property, but not including demolition, removal or construction. "Alteration" shall not include the performance of ordinary repair or maintenance of sites or structures.

(b)   "Applicant" means any owner, owners, person, persons, association, partnership or corporation who applies for a certificate of appropriateness in order to undertake any alteration or demolition of property subject to this chapter.

(c)   "The Board" means the Architectural Review Board (ARB) created pursuant to this chapter.

(d)   “Certificate of Appropriateness" means the official document issued by the Architectural Review Board authorizing and concurring in any application for a permit for the construction, erection, alteration, removal, moving or demolition of any property within the downtown area as defined in Section 1107.02(f).

(e)   "Council" means the Canton City Council.

(f)   "Downtown area" means the area encompassed by the Special Improvement District. The boundaries of the Downtown area have been created by ordinances which are kept on file in the Council Office and may be amended from time to time. The ordinances establishing the boundaries of Downtown area shall also be chronologically listed and briefly described in Appendix B of the Part Eleven, Planning and Zoning Code, as "Special Improvement District Changes".

(g)   "Demolition" means any knowing or intentional act or process that destroys or razes in whole or in part a building, object, site or structure located within the downtown area.

(h)   "Exterior architectural features" means the architecture style and general arrangement of the exterior of a structure including the type and texture of building materials, windows, doors, lights, signs, awnings and other fixtures appurtenant thereto.

(i)   "Member" means any member of the ARB.

(j)   "Owner" means the property owner or owners of record.

(k)   "Property" means real property whether improved or not.

(Ord. 70-2022. Passed 3-28-22)

1107.03 POWERS AND FUNCTIONS.

The powers and functions of the ARB with respect to administering this chapter are as follows:

(a)    Architectural and Design Guidelines. Review applications for development which shall include, but not be limited to, additions, alterations, fences, landscaping, awnings, parking lots and signs and take final action relating to their compliance with all applicable architectural and design guidelines and requirements.

(b)   Certificates of Appropriateness. Review applications for Certificates of Appropriateness and take final action relating to the construction, erection, alteration, removal, moving or demolition of any building or structure in the downtown area.

(c)   Amendment to Architectural Guidelines. The ARB may, at any time, recommend to Council for consideration any amendment or supplement to the "Design Guidelines for Downtown Canton, July 2003" that it deems appropriate. Periodically, the ARB shall study and review the architectural design standards in light of circumstances then existing and may recommend to Council amendments or updates, if any, that the ARB deems appropriate. If the ARB determines that no amendments or updates are appropriate or necessary, it shall report this fact to Council.

(Ord. 70-2022. Passed 3-28-22)

1107.04 MEMBERSHIP.

(a)   The ARB shall consist of five members. Four of the members shall be appointed by the Mayor upon recommendation by the Downtown Canton Special Improvement District, Inc. and include one architect or engineer, one developer and two downtown area property owner/business owners. In the event that no architect or engineer is available for appointment, the Mayor may appoint a person from the developer or downtown area property owner/business owners categories. The fifth member of the ARB shall be the Executive Director of the Downtown Canton Special Improvement District, Inc. All appointments shall be subject to approval by Council. All members shall be residents of the City or be a property owner or business owner in the Special Improvement District.

(b)   In the event that the Downtown Canton Special Improvement District, Inc. ceases to be an active entity, the Mayor shall appoint a replacement ARB member to fill any vacancy so created in compliance with the above standards.

(c)   The initial appointed Board members shall serve for terms of one, two, three and four years respectively, with the President of the Downtown Canton Special Improvement District, Inc., serving an indefinite term. Thereafter, appointments shall be for four year terms with terms beginning on January 1. In the event of a vacancy, the Mayor shall appoint a person to complete the unexpired term.

(d)   Members shall serve multiple terms if appointed by the Mayor and approved by City Council. The Executive Director of the Special Improvement District shall serve for as long as he or she retains that position. (Ord. 70-2022. Passed 3-28-22)

1107.05 MEETINGS AND RULES.

(a)   The ARB shall, at its first meeting in January of each year, elect one of its members as Chairman and a second member as Vice-Chairman. The ARB shall hold such meetings as it may determine, but no less than two (2) in any calendar month. However, meetings may be canceled if there is no business pending before the ARB.

(b)   The City of Canton Director of Planning or his/her named Department of Planning staff member shall act as Secretary of the ARB whose duties shall be to administer and keep minutes of the meetings and proceedings of the ARB and perform such other duties as the ARB may require. These minutes shall be kept by audio recording, and these recordings shall be kept for no less than three (3) years from the date of the meeting. The ARB shall keep records of its examinations and other official actions at the office of the Planning Department.

(c)   All meetings of the ARB shall be open to the public in compliance with Ohio R.C. Section 121.22 (Sunshine Law) and Canton City Ordinance Chapter 109 (Open Meetings). Three (3) members of the ARB shall constitute a quorum.

(d)   ARB members must, at all times, abide by Ohio's ethics laws, as found in Chapters 102 and 2921 of the Ohio Revised Code, and as interpreted by the Ohio Ethics Commission and Ohio courts. Members must conduct themselves, at all times, in a manner that avoids favoritism, bias, or the appearance of impropriety.

(e)   The Mayor may remove any appointed member of the ARB for cause subject to approval by Council.

(f)   The internal rules of governance of the ARB shall be adopted by the ARB as soon as practicable following the installation of the first Board. These rules shall include a provision requiring disclosure of any conflicts of interest of any ARB member. It shall require the vote of four out of the five ARB members for the rules to take effect. This four/fifths majority shall also be required to change or alter the internal rules of governance, except that, in either situation, if there are less than five (5) ARB members currently appointed as members, a majority of the ARB members may vote on the creation and/or alteration of the internal rules of governance of the Board.

(Ord. 70-2022. Passed 3-28-22.