CHAPTER 1212

TownCenter Commission

1212.01           Purpose and intent.

1212.02           Establishment; composition; terms of office.

1212.03           Organization.

1212.04           Powers and duties.

1212.05           Town Center District created.

1212.06           Definitions.

1212.07           Limitation on issuance of building permit.

1212.08           Certificate of nonapplicability of chapter.

1212.09           Certificate of appropriateness.

1212.10           Notice and hearing; approval or disapproval of application for certificate of appropriateness.

1212.11           Standards and criteria.

1212.12           Exclusions.

1212.99           Penalty.

CROSS REFERENCES

                        Planning Commission - see CHTR. Art. IV, Sec. 6; P. & Z. Ch. 1210

                        City Beautification Committee - see ADM. Ch. 282

1212.01 PURPOSE AND INTENT.

            The purpose and intent of this chapter is to effect and accomplish the preservation, protection, enhancement and perpetuation of such improvements and landscape features of the Town Center District which represents and reflects elements of the City's cultural, social, economic, political and architectural history; safeguard the City's historic, aesthetic and cultural heritage, as embodied and reflected in such District; stabilize and improve property values in such District; foster civic pride in the beauty and noble accomplishments of the past; protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; strengthen the economy of the City; and promote the use of the District for the education, pleasure and welfare of the people of the City. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.02 ESTABLISHMENT; COMPOSITION; TERMS OF OFFICE.

            The Town Center Commission, consisting of seven members, is hereby established. All members shall be appointed by the Mayor and shall serve without compensation. Council recommends that appointments to the Town Center Commission be made from professions and individuals such as, but not limited to, a member of the administrative staff of the Mayor, a member of Council and an architect.

            Two members shall be appointed for an initial term of one year; two members shall be appointed for an initial term of two years; and three members shall be appointed for an initial term of three years.  All subsequent terms shall be for a period of three years. Vacancies caused by death, resignation or otherwise, shall be filled for the unexpired term in the same manner as original appointments are made. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.03 ORGANIZATION.

            As soon as convenient, after the appointment by the Mayor, the Commission shall meet and organize the election of a chairman and secretary.  They may adopt rules or procedure of the Commission and provide for regular and special meetings. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.04 POWERS AND DUTIES.

            The powers and duties of the Town Center Commission shall be as follows:

            (a)        To study the problems and determine the needs of the City in furthering the purposes of this chapter in the area of the City known as the TownCenter.

            (b)        To determine what legislation, if any, is necessary to preserve, restore and develop any TownCenter area and to recommend legislation to Council.

            (c)        To perform the functions and duties assigned to it in this chapter.

            (d)        To provide for regular and special meetings to accomplish its powers and duties.

(Ord. 1982-74.  Passed 10-4-82.)

1212.05 TOWN CENTER DISTRICT CREATED.

            There is hereby created in the City a district to be known as the TownCenter bounded and described as follows:

            Permanent Parcel Nos. 396-8-7, 396-8-16, 396-10-1 through 396-10-13, 396-10-16, 396-17-20 through 396-17-22, 396-17-106, 392-30-9 through 396-30-18, 392-30-35, 392-36-11 through 392-36-17, and part of 396-10-14 and 392-30-8.

            Situated in the City of Strongsville, County of Cuyahoga and State of Ohio, and known as being part of Original Strongsville Township Lot No. 55 and bounded and described as follows:

Beginning at the intersection of the centerline of Pearl Road (U.S. 42) and the centerline of Royalton Road (S.R. 82) said point of intersection being the principal place of beginning;

            Thence South 0°01'40" East, a distance of 204.84 feet to a point;

            Thence North 88°50'02", East, a distance of 121.18 feet to a point;

            Thence North 0°01'40" West, a distance of 35.03 feet to a point;

            Thence North 42°48'18" East, a distance of 14.48 feet to a point;

            Thence North 88°50'01" East, a distance of 52.08 feet to a point;

            Thence North 0°01'37" West, a distance of 34.03 feet to a point;

            Thence North 88°49' 59" East, a distance of 41.20 feet to a point;

            Thence North 0°01'46" West, a distance of 15.63 feet to a point;

            Thence North 88°50'01" East, a distance of 59.69 feet to a point;

            Thence North 0°01'34" West, a distance of 8.78 feet to a point;

            Thence North 88°50' 03" East, a distance of 190.56 feet to a point;

            Thence South 0°01'39" East, a distance of 128.80 feet to a point;

            Thence North 88°50'03" East, a distance of 188.12 feet to a point;

            Thence North 0°01'42" West, a distance of 28.34 feet to a point;

Thence Northeasterly 250.43 feet along the arc of a curve, said curve having a central angle of 15°43'36", a radius of 912.36 feet, and a chord of 249.64 feet bearing North 7°50'08" East to a point of tangency;

            Thence North 15°41'54" East, a distance of 50.04 feet to a point;

            Thence South 74°20'46" East, a distance of 225.17 feet to a point;

            Thence North 0°00'35" East, a distance of 1203.73 feet to a point;

            Thence South 79°07'18" West, a distance of 370.40 feet to a point;

            Thence South 77°31'14" West, a distance of 422.98 feet to a point;

            Thence South 78°24'16" West, a distance of 230.98 feet to a point;

            Thence North 7°54'13" West, a distance of 16.28 feet to a point;

            Thence South 83°24'44" West, a distance of 210.39 feet to a point;

            Thence South 7°56'22" East, a distance of 65.46 feet to a point;

            Thence North 80°35'54" West, a distance of 52.41 feet to a point;

            Thence South 4°49'28" West a distance of 585.24 feet to a point;

            Thence North 80°35'55" West, a distance of 125.29 feet to a point;

            Thence South 6°56'42" West, a distance of 245.78 feet to a point;

            Thence North 72°23'34" East, a distance of 27.45 feet to a point;

            Thence South 1°53'26" East, a distance of 381.35 feet to a point;

            Thence North 66°52'32" East, a distance of 156.30 feet to a point;

            Thence North 69°08'49" East, a distance of 225.01 feet to a point;

Thence North 66°53'44" East, a distance of 151.67 feet to a point, said point being the principal place of beginning, be the same more or less, but subject to all legal highways.

            (Ord. 1982-74.  Passed 10-4-82.)

1212.06 DEFINITIONS.

            Terms, phrases, words and their derivations shall have the meanings given in Chapter 1240, provided that for the purposes of this chapter, the following shall have the meanings given in this section:

            (a)        "Alteration" means any reconstruction, restoration, repair, remodeling or replacement that changes, modifies or transforms a structure.

            (b)        "Commission" means the Town Center Commission as defined in Section 1212.02.

            (c)        "Demolition" of a structure means a partial or total removal, disassembly, destruction, wreckage or tearing down of a structure.

            (d)        "District" means the Town Center District as described in Section 1212.05.

            (e)        "Exterior architectural feature" means the architectural treatment and general arrangement of such portion of the exterior of a structure as is designed to be exposed to public view, including kind, color and texture of the building material of such portion and type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.

(Ord. 1982-74.  Passed 10-4-82.)

1212.07 LIMITATION ON ISSUANCE OF BUILDING PERMIT.

            No permit shall be issued by the Building Commissioner for the construction, alteration or demolition of any structure now or hereafter in the Town Center District, except in cases excluded by Section 1212.12, unless the application for such permit shall be certified under Section 1212.08 that no exterior architectural feature is involved or shall be accompanied by a certificate of appropriateness issued under Section 1212.10. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.08 CERTIFICATE OF NONAPPLICABILITY OF CHAPTER.

            Except in cases excluded by Section 1212.12, every person who applies for a permit to construct, alter or demolish any structure now or hereafter in the Town Center District shall deposit with the secretary of the Town Center Commission his application for such building permit together with all plans and specifications for the work involved.  Within thirty days, the Commission shall consider such application, plans and specifications and determine whether any exterior architectural feature is involved.  If the Commission determines that no exterior architectural feature is involved, it shall cause its secretary to endorse on the building permit application, certification of such determination and return the application, plans and specifications to the applicant. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.09 CERTIFICATE OF APPROPRIATENESS.

            No person shall construct, alter or demolish any exterior architectural feature in the Town Center District and no sign, light, fence, wall or other appurtenant fixture shall be constructed, altered or displayed on any lot, building or structure located within the District, until such person has filed with the secretary of the Town Center Commission an application for a certificate of appropriateness in such form and with such plans, specifications and other material as the Commission may from time to time prescribe and a certificate of appropriateness has been issued as hereinafter provided in this chapter.  

(Ord. 1982-74.  Passed 10-4-82.)

1212.10 NOTICE AND HEARING; APPROVAL OR DISAPPROVAL OF APPLICATION FOR CERTIFICATE OF APPROPRIATENESS.

            Within seven days after the filing with the Town Center Commission of an application for a certificate of appropriateness, the Commission shall determine the lands to be materially affected by such application and forthwith send by mail, postage prepaid, to the applicant, to the owners of all such lands as they appear on the most recent real estate tax list and to any person filing written request for notice of hearings, reasonable notice of the public hearing to be held by the Commission on such application.

            As soon as may be convenient after such public hearing but in all events within a period of sixty days after the filing of the application for the certificate of appropriateness, or within such further time as the applicant may in writing allow, the Commission shall determine whether the proposed construction, alteration or demolition of the buildings, structures or appurtenant fixtures involved will be appropriate to the preservation of the historic district for the purposes of this chapter, or whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship, financial or otherwise, to the applicant and such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this chapter.

            If the Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate or is not appropriate, owing to conditions as aforesaid but that failure to issue a certificate of appropriateness would involve substantial hardship to the applicant and that issuance thereof may be made without substantial detriment or derogation as aforesaid, or if the Commission fails to make a determination within the time hereinbefore prescribed, the Commission shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.  If the Commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for such determination, and may include recommendations respecting the proposed construction, alteration or demolition.  The Commission shall forthwith notify the applicant of such determination and shall furnish him an attested copy of its reasons therefor and its recommendations, if any, as appearing in the records of the Commission. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.11 STANDARDS AND CRITERIA.

            (a)        In making its determination with respect to any such application for a permit to construct, alter or demolish a building or structure in the District, the Commission shall consider the effect of the proposed work in creating, changing, destroying or affecting the exterior architectural features of the improvement upon which such work is to be done; and the relationship between the results of such work and the exterior architectural features of other neighboring improvements in such District.

            (b)        In appraising such effects and relationship, the Commission shall consider, in addition to any other pertinent matters, the factors of historical, cultural and architectural values and significance, architectural style, design, arrangement, texture, material and color and in particular, the following:

                        (1)        The distinguishing original qualities or character of a building, structure or site and its environment;

                        (2)        Changes which may have taken place in the course of time which are evidence of the history and development of a building, structure or site and its environment;

                        (3)        The distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site;

                        (4)        Repair or replacement of missing architectural features, based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or different architectural elements from other buildings or structures;

                        (5)        The surface cleaning of structures with a method that will least damage historic building materials;

                        (6)        The protection and preservation of archeological resources affected by or adjacent to any project;

                        (7)        The compatibility of the work with other structures and improvements within the District, based upon accepted design criteria, such as the following:

                                    A.        The height of structures and improvements;

                                    B.         The relationship between width and height of the front elevations;

                                    C.        The relationship of width to height of windows and doors;

                                    D.        Exterior materials;

                                    E.         The shape and design of roofs;

                                    F.         The vertical or horizontal character of the front facades; and

                                    G.        The relationship of structures to lot sizes and open spaces.

                                                (Ord. 1982-74.  Passed 10-4-82.)

1212.12 EXCLUSIONS.

            Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change in design, material, color or the outward appearance thereof; nor to prevent the construction, reconstruction, alteration or demolition of any such feature which the Building Commissioner or similar agent shall certify is required by the public safety because of an unsafe or dangerous condition; nor to prevent the construction, alteration, or demolition of any such feature under a permit issued by the Building Commissioner prior to the effective date of establishment of such district. 

(Ord. 1982-74.  Passed 10-4-82.)

1212.99 PENALTY.

            Whoever constructs, alters or demolishes any exterior architectural feature now or hereafter in the Town Center District in violation of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense.  A separate offense shall be deemed committed each day during or on which such act, violation or omission is done, committed, omitted or continued.