Ordinance 2023-61

An Ordinance Providing for the Submission to the Electors of the Village of Chagrin Falls a Proposed Amendment to the Village Charter to Provide for Two (2) Additional Members to Be Appointed to the Architectural Board of Review

Whereas, Article VII, Section 9 of the Charter of the Village of Chagrin Falls provides for an Architectural Board of Review consisting of three (3) voting members and two (2) architect advisors all of whom are appointed by the Mayor and confirmed by Council; and

Whereas, the Council has determined that the number of voting members of the Architectural Board of Review should be increased to five (5) and two (2) of the voting members should be appointed by the Village Council, and one of the such appointees may be a member of Village Council; and

Whereas, this Council finds that it is appropriate to amend the Charter of the Village of Chagrin Falls to add two (2) additional members to the Architectural Board of Review; and

Whereas, pursuant to Article XVIII, Section 9 of the Constitution of the State of Ohio and the Charter of the Village of Chagrin Falls, this Council has the right, by a two-thirds (⅔) majority affirmative vote, to submit to the voters of the Village of Chagrin Falls, proposed amendments to the Charter of the Village of Chagrin Falls; and

Whereas, this Council finds and determines that it is in the Village’s best interest to submit to the electors of the Village of Chagrin Falls a proposed amendment to the Charter as hereinabove summarized; and

Whereas, this Council chooses the date of March 19, 2024 for the election on the Charter Amendment proposal hereinafter set forth, which election is not less than sixty (60) days nor more than one hundred twenty (120) days from date of passage of this Ordinance.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio That at Least Two-Thirds (⅔) Members of Council Concurring:

Section 1. This Council hereby authorizes and directs the submission to the electors of the Village of Chagrin Falls, at an election to be held at the usual places of voting in said Village, on Tuesday, March 19, 2024, of the following proposal to amend the Charter of the Village as further provided below:

That existing Article VII, Section 9 of the Charter of the Village of Chagrin Falls be amended, in its entirety as follows:

Architectural Board of Review

There is hereby established an Architectural Board of Review which shall consist of three voting members and two architect advisors, all of whom shall be appointed by the Mayor and confirmed by Council for three-year terms, except that in January of 2009 one voting member and one architect advisor shall each be appointed to a three year term, one voting member and one architect advisor shall each be appointed to a two year term and one voting member shall be appointed for a one year term, all subject to the confirmation of Council. The Architectural Board of Review, previously established by this Charter, shall consist of five (5) voting members and two (2) architect advisors. Three (3) of the voting members and the two (2) architect advisors shall be appointed by the Mayor and confirmed by Council for three (3) year terms, and the remaining two (2) voting members shall be appointed by Council, starting in 2024, for three (3) year terms, except that one (1) Council appointed voting member shall initially be appointed to a two (2) year term. The Mayor shall continue to appoint three (3) voting members and the two (2) architect advisors, by either reappointing or replacing the current three (3) voting members and two (2) architect advisors when their terms expire, whose appointment shall be confirmed by Council for three (3) year terms. Up to three (3) alternate members of the Board may be appointed by the Mayor and confirmed by majority vote of the members of Council for three (3) year terms, who shall serve whenever one (1) or more members are unable to hear a particular matter or are unavailable for a particular meeting. The alternate members shall either be residents of the Village or registered architects in the State of Ohio, and in the event the absent or conflicted member is an architect, then the alternate member appointment preference for a particular matter or meeting, shall be for any alternate member who is a registered architect.

At least one voting member and the two architect advisors of the Architectural Board of Review shall be architects, duly registered and authorized to practice architecture in and under the laws of the State, and shall have been actively engaged in the general practice of architecture as registered architects in the State for a period of not less than three years prior to their appointment to such Board; the architect member of the Board and the architect advisors may reside outside the Village. Two Four (4) members of the Architectural Board of Review shall be residents of the Village of Chagrin Falls and need not be architects. The architect advisors shall serve in an advisory capacity, only, and shall not exercise any authority of the Village. No voting member or architect advisor of the Architectural Board of Review shall participate in the review or approval of any work of which he or she or any partner or professional associate of his or hers is the author, or in which he or she or they have a direct or indirect financial interest. An architect advisor may present matters to the Board which he or she has authored, or in which he or she has a direct or indirect financial interest, but that advisor shall not serve in an advisory capacity to the Board for such matters.

The purposes of the Architectural Board of Review are to preserve and protect the public health, safety and welfare by maintaining the high character of community development and protecting 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, adding to or razing in full or in part of the exterior of all existing buildings. Such regulations shall take into consideration 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. The Board shall exercise such other powers and duties as may be established by ordinance of Council. The Board may not act without a quorum present. A quorum shall consist of a minimum of two three (3) voting members of the Board and, if neither none of the voting members of the Board quorum is an architect, one architect advisor must be present to establish the quorum.

Further, if these amendments are adopted, existing Article VII, Section 9 of the Charter shall be repealed.

The majority affirmative vote of those voting on the issue shall be necessary to adopt this amendment.

Section 2. That the form of the ballot to be cast at the election for the proposed Charter amendment contained in Section 1 shall read and provide as follows:

Proposed Charter Amendment

A majority affirmative vote is necessary for passage

Shall Article VII, Section 9 of the Charter of the Village of Chagrin Falls be amended to provide that Council shall appoint two (2) additional members of the Architectural Board of Review for a total of five (5) voting members of the Architectural Board of Review.

Section 3. If such amendment is approved by a majority of the electors of the voters thereon at such election, such amendments so approved shall be effective from and after the date upon which the Cuyahoga County Board of Elections certifies the results of such election.

Section 4. That the Clerk of Council is hereby authorized and directed to cause copies of the proposed Charter Amendment to be published in such manner as may be authorized by law, and as required by Article XVIII, Section 9 of the Ohio Constitution by publication of the proposed Charter Amendment once a week for two (2) consecutive weeks on the same day of each week in a newspaper of general circulation in the Village.

Section 5. That the Clerk of Council be and is hereby authorized and directed to forward a certified copy of this Ordinance to the Board of Elections of Cuyahoga County.

Section 6. That the Board of Elections of Cuyahoga County is hereby requested to cause appropriate notice of such election to be duly given in accordance with law.

Section 7. It is hereby appropriated from the general fund of the Village, an amount sufficient to pay the cost of carrying out the directions of this Ordinance, including the cost of publishing notice of such election.

Section 8. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 9. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.

Section 10. That this Ordinance shall take effect and be in force after the earliest period allowed by law.