Ordinance 2015-18

AN ORDINANCE PROPOSING AN AMENDMENT
TO ARTICLE V, SECTION 12(A), AND ANY RELATED SUBSECTIONS,
SO AS TO ALLOW THE BOARD OF ZONING APPEALS
TO GRANT "USE" VARIANCES IN NON-RESIDENTIAL DISTRICTS ONLY,
AND REQUIRING COUNCIL APPROVAL AFTER PUBLIC HEARING.

WHEREAS, Article IX of the Village Charter currently requires that the Charter Review Commission convene every five years to review the Charter; and

WHEREAS, the Charter Review Commission is required to have a review session with the Mayor and Council and to recommend to the voters any amendments to the Charter as in its judgment are desirable; and

WHEREAS, the Charter Review Commission has recommended to the voters the following proposed amendments to Article V, Section 12(A) and Article III, Sections 10 and 12.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO THAT:

SECTION 1. Article V, Section 12(A) and Article III, Sections 10 and 12 of the Charter of the Village of Mayfield are amended to read as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

SECTION 2. This ordinance upon adoption by Council shall be referred to the Clerk of the Cuyahoga County Board of Elections not later than sixty (60) days before the November 3, 2015 election. Upon this proposed amendment being approved by the majority of the electors voting thereon, it shall become part of the Charter of Mayfield Village, Ohio.

SECTION 3. Pursuant to the mandates of the Charter, a copy of the full text of this proposed amendment shall be delivered to the residents of the Village not less than thirty (30) days before the election and, pursuant to law, a legal notice will be published once a week for two consecutive weeks at least fifteen (15) days prior to the election.

SECTION 4. The language appearing on the ballot on November 3, 2015 shall be as follows:

PROPOSED CHARTER AMENDMENT
(MAJORITY AFFIRMATIVE VOTE REQUIRED)

SHALL MAYFIELD VILLAGE CHARTER ARTICLE III, SECTIONS 10 AND 12 AND ARTICLE V, SECTION 12(A) BE AMENDED TO ALLOW THE BOARD OF ZONING APPEALS TO GRANT USE VARIANCES IN NON-RESIDENTIAL DISTRICTS ONLY, WITH COUNCIL APPROVAL AFTER A PUBLIC HEARING.

SECTION 5. This ordinance shall take effect and be in full force from and after the earliest period allowed by law and upon signature by the Mayor.

SECTION 6. The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.