Ordinance Review - April 9th 2013

April 9, 2013    

The Ordinance Review Committee met in regular session on Tues, April 9, 2013 at 5:00 p.m. at the Mayfield Village Civic Center Conference Room. Chairman Bill Marquardt presided.  

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Mr. Bill Marquardt, Chairman
Mr. Jerry Catalano
Mrs. Mary Ann Wervey

Also Present:

Ms. Diane Calta, Law Department
Mr. Tom Cappello, Village Engineer
Ms. Deborah Garbo, Secretary


Mr. John Marrelli
Dr. Stephan Parker, Council Alternate

CONSIDERATION OF MEETING MINUTES: March 12, 2013                     

Mr. Catalano, seconded by Mrs. Wervey made a motion to approve the minutes of March 12, 2013.       


Ayes: Mr. Marquardt, Mr. Catalano, Mrs. Wervey                           
Nays: None                           

Motion Carried. Minutes Approved As Written.


  1. Riparian Setback Ordinance
    CRWP Draft Ordinance
  2. Temporary Signs
    Section 1185.14 (e)
    Ordinance 2012-16



Chairman Marquardt called the meeting to order. We have two items tonight. Let’s begin with the Riparian Setbacks.

Riparian Setback Ordinance
CRWP Draft Ordinance

Mr. Cappello stated we had Amy Brennan & Christina Znidarsic from Chagrin River Watershed Partners at our last meeting. They did a presentation educating all of us on this proposed ordinance. At this time I’ll be working on the map in identifying potential areas in this zone. Did everyone have a chance to review the ordinance?

Ms Calta did. I did simple things like inserting Chapter numbers & Sections. Chapter 1127 is by the stormwater sections. I’ll get a copy to everyone. The major revision has to do with ‘Procedures for Variances & Appeals’. The draft called out for the Planning & Zoning to file a variance. I thought the Board of Zoning Appeals would be the best place to determine those variances. That’s how the Village is set up for variances. I think the concept is that Planning will be looking at the big picture. If there are any other thoughts, I’m open to them.

Mr. Cappello said we brought up questions & concerns at the presentation. One was that we don’t want to necessarily limit anyone from doing anything. They stated that’s where you have the variance process in this ordinance. They’re looking for new construction. I’m not sure if we really have any areas in which this would happen. It’s also set up for existing, but mostly new construction. If someone’s putting in a subdivision, they’re going to want this zone established. People can’t be putting in impervious surfaces down like patios, driveways, pads or building right next to the creek edge. If someone wants to do an addition that encroaches by 2, 3 or 5 feet, I don’t think anyone is going to reject it per say, unless you feel the Board of Zoning Appeals is the way to go.

Chairman Marquardt said if you have a development come in, Planning & Zoning will see it anyhow. If it’s anything that’s going to require a variance, it’ll be brought up at that time.

Ms. Calta asked if we’ll be sending this ordinance to the Planning Commission for recommendation.

Chairman Marquardt said we could. We could put it on the workshop agenda this month.

Mr. Cappello said I’m sure CRWP would be happy to come out again and do a presentation for the Commission.

Chairman Marquardt doesn’t feel that’s necessary. It would just be a matter of bringing up the appeal process to the Board of Zoning Appeals opposed to Planning & Zoning.

Ms. Calta said there’s also a provision in here on conditional use permits. That will stay at the Planning level.

Chairman Marquardt stated we still have work to do on this. Let’s make it an agenda item at the P & Z workshop.

Mr. Cappello said the map is almost done. It’s not as many houses as you would expect. So that everyone is clear, if the house is in the setback already, we’re not going to tell them they have to get it out, it’s been grandfathered in. It’s for any future improvements within this zone.

Chairman Marquardt recommended Tom do a cover letter to Planning & Zoning as to what the rationale is for not going to Planning & Zoning. When do we think we’re going to act on this?

Mr. Cappello replied I think we have until September.


Place Riparian Setbacks Draft Ordinance on Planning Commission workshop agenda April 18th.



Temporary Signs
Section 1185.14 (e)

Chairman Marquardt said we have a redline version here. I don’t see anything for inflatable snowmen. If nobody has any comments, I’ll entertain a motion.

Ms. Calta asked if John is o.k. with the changes. 

Ms. Garbo replied John has reviewed and approved changes.


Mrs. Wervey, seconded by Mr. Catalano made a motion to recommend the Temporary Sign Ordinance Section 1185.14 to Council.

Chairman Marquardt asked if any discussion.

There was none.


Ayes: Mr. Marquardt, Mr. Catalano, Mrs. Wervey  
Nays: None                                       

Motion Carried. Recommendation to Council.



Chairman Marquardt asked if there’s any other business.



Mr. Catalano said I brought this up before and no one wanted to take any action on it. Golf carts, no State Tags on the sidewalks by the apartments. One was just flying around there now.

Mr. Cappello said those are maintenance vehicles.

Mr. Catalano said they’re being used as maintenance vehicles but you’re required to have State Tags on them. I got an Ordinance some time back from Sandusky and Lorain. They require them at the western end of the lake. We have a dealer that comes to the boat shows with golf carts to sell. I questioned him. He said “Yes, they have to have State Tags”. We also have residents on SOM Center flying up and down the sidewalk on carts.

Ms. Calta stated I remember looking into this for you a few years back. We looked at some model ordinances. We talked to the Chief. At that point, the Chief didn’t have the same view as you did as far as your concerns, so it didn’t go anywhere. Is that an accurate way to describe the Chief’s position at that point?  

Mr. Catalano replied right. We have a new Chief now. I’m trying to protect the Village.

Ms. Calta said the other part if I recall correctly, having these on the street is different from having them on private property.

Mr. Catalano said sidewalks are not private property.

Ms. Calta can’t remember what was said about sidewalks. If you’re over at the apartments and that’s all considered private property and they are all maintenance vehicles, they’re going to have a tough time requiring them to get registered if they’re not on the streets. We have maintenance vehicles in the Village, the gators. As a municipality, you don’t have to register in the same way. I recommend you reach out to the Chief and work with him on it. They are the ones that have to enforce it.

Chairman Marquardt said the breakdown is private property. The streets are already covered.

Ms. Calta said right. If they’re on the streets, they require a license just like a moped or anything else, anything motorized. Bicycles are different.  

Chairman Marquardt asked if anything was written up by the Law Dept.

Ms. Calta doesn’t recall writing anything up other than thinking we had sustainable ordinances.

Mr. Catalano said down by us we have signage “No motorized vehicles on the bike path”. We have two residents down there that fly around on the bike path with a golf cart.

Chairman Marquardt said since the streets are covered, you’re talking about trails and sidewalks. That’s where it narrows down to. The question is if that’s something that’s a reasonable thing considering all the trails that we have.

Mr. Cappello said the apartments have interior sidewalks throughout. For the most part, they’d be all private property. I’m not sure what you’d do about SOM.

Mr. Catalano said I’m trying to protect the Village if there’s an accident. We had a very bad accident with one at a Yacht Club next to us where a person died.

Ms. Calta said a Yacht Club is going to be different than a municipality.

Mr. Catalano said different but there wasn’t any insurance at that time on that vehicle. In fact you can’t have a golf cart anywhere in the Chagrin River Basin unless it’s got insurance.

Ms. Calta said if you had it on the road, you’d have to register and you’d have to have insurance on it.

Mr. Catalano said sidewalks aren’t private property.

Ms. Calta said I’ll do some research on trails & sidewalks. In the meantime if you want to reach out to the Chief.

Mr. Catalano said if I get a chance, I’ll mention it to him. I’ll tell him it’s in the works and he can contact you if he thinks we should go further with it.

Ms. Calta said I think he needs to hear from you what you’re seeing. I think the Chief would appreciate it if you talked to him about it.

Mr. Catalano said o.k. I just want to keep us safe.

Ms. Calta said there’s a difference between safety and a difference between liability. In a municipal context, because you have so much immunity, it doesn’t always go hand in hand.


Ms. Calta to research golf carts on trails & sidewalks.

Chairman Marquardt asked if there are any other matters to discuss.

There were none.


Mr. Catalano, seconded by Mrs. Wervey made a motion for adjournment. 


Ayes: All                                                        
Nays: None                 

Motion Carried. Meeting adjourned at 5:20 p.m.