Chapter 1115: Design Review

Sections

Cross references

  • Review and approval procedures - see P. & Z. 1109.05

1115.01   Intent

In order to maintain and enhance the distinctive character of the Municipality these regulations are established to achieve, among others, the following objectives:

  1. (a) To preserve and protect the public health, safety and welfare by maintaining the high character of community development;

  2. (b) To protect the real estate within the Municipality from impairment or destruction of value by regulating, according to proper architectural principles, the design, use of materials, finished grade lines and orientation of all new buildings, signs and structures, hereafter erected and the moving, alteration, improvement, repair, addition, or demolition of the exterior of all existing buildings; and

  3. (c) To consider the historical and architectural nature of existing buildings, signs and structures within the Municipality and the compatibility of proposed changes or proposed new buildings, signs and structures with such existing buildings, signs and structures.
    (Ord. 2019-39. Passed 8-13-19.)

1115.02   Applicability and limitations

  1. (a) Applicability. No building or other structure in the Municipality shall be erected, altered in exterior construction or appearance, enlarged, moved or demolished unless such action complies with the provisions of this chapter. The painting of buildings and structures shall not be governed by these regulations nor buildings considered Historic that are regulated under Chapter 1146.

  2. (b) Limitation. In administering these provisions, it is not intended to insist that new construction or alterations copy either existing architectural styles or existing decorative detail. Further, the Architectural Board of Review shall not be overly restrictive in its judgment of structures not highly visible from a public street or public property, except where such construction or alteration would materially and adversely affect another property.
    (Ord. 2019-39. Passed 8-13-19.)

1115.03   Administrative procedures

The following procedures are established to govern the processing of applications for building permits and other municipal authorizations in accordance with the regulations of this chapter.

  1. (a) Mandatory Referral. As directed by Section 1109.05(b)(1), all requests for building permits shall first be referred to the Architectural Board of Review for a determination of compliance with the provisions of the Planning and Zoning Code.

  2. (b) Grade. Where an applicant for a building permit proposes to change the existing grade of a lot by more than three (3) inches, the Architectural Board of Review shall review such change to ensure that the proposed building elevations and site grading are compatible with contiguous property and that the proposed building or structure meets the standards set forth in Section 1115.04.

  3. (c) Conformance. Construction shall be in conformance with an approved Final Plan. No material changes shall be made to an approved Final Plan prior to or during construction. If the Administrator determines that any action has caused a material change to an approved Final Plan, the applicant plan shall be referred back to the Architectural Board of Review for consideration of such change, All work related to the Final Plan shall cease and the Administrator shall suspend any permit issued in reliance upon such approval until the change in the Final Plan is finally resolved.

  4. (d) Appeal. An appeal to the Board of Zoning Appeals shall be made in accordance with Chapter 1111 of the Planning and Zoning Code.
    (Ord. 2019-39. Passed 8-13-19.)

1115.04   Standards of review

The Architectural Board of Review has the authority to regulate, according to proper architectural principles, the design, use of materials, finished grade lines and orientation of new construction, and to make recommendations to the applicant regarding the proposed design. In conducting its review, the Architectural Board of Review shall:

  1. (a) Consider and take cognizance of the development of adjacent, contiguous, and neighboring properties for the purpose of achieving safe, harmonious, and integrated development of related properties;

  2. (b) Consider the Village of Chagrin Falls Design Guidelines adopted by the Council on October 10, 2005, and as may thereafter be amended, as well as design standards of Section 1115.07;

  3. (c) Consider the relationship of each design element to the building or structure as a whole;

  4. (d) Consider the potential for the design, by virtue of its location, to materially and adversely impact another building or property; and

  5. (e) State reasons to support its decision as required by Section 1109.05((b)(1)(E) of the Planning and Zoning Code.
    (Ord. 2019-39. Passed 8-13-19.)

1115.05   Demolition and moving

The demolition or moving of a building or structure shall be permitted only after the applicant has obtained all permits required to be issued by the Planning and Zoning Code and other applicable ordinances of the Municipality. The applicant shall obtain preliminary and final approval from the Architectural Board of Review for the building or structure that is to replace it.
(Ord. 2019-39. Passed 8-13-19.)

1115.06   Maintenance requirements

  1. (a) Nothing in this chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the Administrator upon certification of an unsafe condition constituting an emergency.

  2. (b) Similarly, nothing in this chapter shall be construed to govern or restrict routine maintenance activities, which do not represent alterations in exterior appearance.
    (Ord. 2019-39. Passed 8-13-19.)

1115.07   Supplemental regulations

Design Guidelines relating to responsibilities and duties of the Architectural Board of Review based on the foundation of the Charter and Codified Ordinances of the Municipality were adopted by Council on October 10, 2005. For additional design regulations for specific uses or zoning districts, refer to the following among others:

  1. (a) Building and site design regulations for attached single family development in the ASF District as set forth in Sections 1127.07.

  2. (b) Regulations for garages in the ASF District as set forth in Section 1127.08.

  3. (c) Building and site design regulations for multifamily development as set forth in Section 1129.07.

  4. (d) Building and site design regulations for attached single family development and multifamily development in the RMU District as set forth in Sections 1130.09.

  5. (e) Regulations for garages in the RMU District as set forth in Section 1130.10.

  6. (f) Building and site design regulations for the RL district as set forth in Sections 1131.07.

  7. (g) Regulations for garages in the RL District as set forth in Section 1131.08.

  8. (h) Modification of side yard setback requirements in the Office District as set forth in Section 1135.04.

  9. (i) Modification of side yard setback requirements in the Retail Business District as set forth in Section 1137.04.

  10. (j) Modification of side yard setback requirements in the Central Shopping District as set forth in Section 1138.04.

  11. (k) Fencing for utility uses as set forth in Section 1142.07.

  12. (l) Design standards for signs as set forth in Section 1143.08.

  13. (m) Design standards for cluster development as set forth in Section 1126.05(d) and 1126.05(h).

  14. (n) Retaining Walls as set forth in Section 1148.07.

  15. (o) Outdoor Lighting as set forth in Chapter 1150 of this Planning and Zoning Code.
    (Ord. 2019-39. Passed 8-13-19.)