§ 166.03 Rules For Determination Of Boundaries

REGULATIONS THEREOF

A. Adoption of Official Zoning Districts and Regulations and Conformity The City of Tiffin is hereby divided into the following zoning districts as shown by the following “Schedule of Districts”, which are hereby adopted, including the regulations of each district referred to in Section 3 by their respective letter/number abbreviations and all of which are declared a part of this Ordinance. Further, the regulations set by this Ordinance must apply uniformly within each district to each class or kind of structure or land, except as provided. No building, structure, or land may be used or occupied, and no building or structure or part thereof may be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified for the district in which it is located.

“SCHEDULE OF DISTRICTS” (regulations for each district are found in Section 3 under their respective listings) Residential Districts R-1E Estate-Family R-1A Single-Family, Low-Density R-1B Single Family, Medium-Density R-1C Single Family, High-Density R-M Single Family, Manufactured R-2 Two-Family, Medium Density R-4 Multi-Family, 4-Plex R-6 Multi-Family, 6-Plex R-8 Multi-Family, 8-Plex R-12 Multi-Family, 12-Plex Commercial District C-1B Neighborhood Business District C-2B Community Business District C-10 Restricted Office District C-20 Office and Research District C-1S Downtown Center District Industrial District M-1 Light Industrial M-2 Heavy Industrial Planned Area Development PAD Planned Area Developments Public Zoning P-1 Public Uses

B. Official Zoning Map: The locations and boundaries of these districts are shown on the Official Zoning Map, which, together with all explanatory matter on it, is hereby adopted by reference and declared a part of this Ordinance.

1. Identification: The Official Zoning Map must have the signature of the Mayor, attested by the City Clerk, with the following statement: “This is to certify that this is the Official Zoning Map referred to in Ordinance No. 2007-287 of the City of Tiffin, Iowa, passed on November 14, 2007.”

2. Filing and Posting: The Official Zoning Map, or a true copy of it must be on file in the office of the Tiffin City Clerk, and it is the final authority on the correct zoning status of the land, water areas, buildings, and other structures in the City.

3. Changes in Official Zoning Map

a. If in accordance with the provisions of Section 14 “Administration and Enforcement Violations and Penalties” of this Ordinance and Iowa Code §414.4, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, the changes must be entered on the map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: “By official action of the City Council, the following changes were made on the Official Zoning Map.” The changes made must be shown by ordinance numbers and date of publication. No amendment of this Ordinance that involves matters portrayed on the Official Zoning Map will not become effective until after the change and entry are made on the map.

b. Replacement of the Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council adopt an ordinance approving a new Official Zoning Map that will supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction must have the effect of amending the original Official Zoning Map or any subsequent amendment. The new Official Zoning Map must be identified by the signature of the Mayor, attested by the City Clerk, and containing the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map previously adopted.” Unless the prior Official Zoning Map has been lost or destroyed, the prior map or any significant parts of it remaining must be preserved, together with all available records pertaining to its adoption or amendment.

4. Rules for Determination of Boundaries: Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules apply:

a. Boundaries indicated as approximately following the centerline of streets, highways, or alleys must be construed to follow such centerlines;

b. Boundaries indicated as approximately following platted lot lines must be construed as following such lot lines;

c. Boundaries indicated as following corporate limits must be construed as following corporate limits;

d. Boundaries indicated as following railroad lines must be construed to be midway between the main right-of-way

e. Boundaries indicated as following shore lines must be construed to follow such shore lines, and in the event of change in the shore line, boundaries must be constructed to move with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water must be construed to follow those center lines;

f. Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) must be so construed. Distances not specifically indicated on the Official Zoning Map must be determined by dimensions shown on the map, or in the absence of dimensions, by the scale of the map;

g. In the case of further uncertainty, or where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (a) through (f) above, the Board of Adjustment must interpret the district boundaries.

ITS INTENT AND DESCRIPTION USES AND STRUCTURES AND REGULATIONS Residential Districts R-1E: Estate-Family R-1A Single-Family, Low-Density R-1B Single-Family, Medium-Density R-1C Single-Family, High-Density R-M Single-Family, Manufactured R-2 Two-Family, Medium-Density R-4 Multi-Family, 4-Plex R-6 Multi-Family, 6-Plex R-8 Multi-Family, 8-Plex R-12 Multi-Family, 12-Plex

Commercial District C-1B Neighborhood Business District C-2B Community Business District C-10 Restricted Office District C-20 Office and Research District C-1S Downtown Center District

Industrial District M-1 Light Industrial M-2 Heavy Industrial

Planned Area Development PAD Planned Area Developments

Public Zoning P-1 Public Uses

R-1E RESIDENTIAL DISTRICT ESTATE FAMILY

The locations and boundaries of these districts are shown on the Official Zoning Map, which, together with all explanatory matter on it, is hereby adopted by reference and declared a part of this Code.

1. Identification. The Official Zoning Map must have the signature of the Mayor, attested by the Clerk, with the following statement: “This is to certify that this is the Official Zoning Map referred to in Ordinance No. 2007-287 of the City of Tiffin, Iowa, passed on November 14, 2007.”

2. Filing and Posting. The Official Zoning Map, or a true copy of it, must be on file in the office of the Clerk, and it is the final authority on the correct zoning status of the land, water areas, buildings, and other structures in the City.

3. Changes in Official Zoning Map.

A. If in accordance with the provisions of Section 165.31 “Administration and Enforcement and Section 165.32 “Violations and Penalties” of this Zoning Code and Section 414.4 of the Code of Iowa, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, the changes must be entered on the map promptly after the amendment has been approved by the Council, with an entry on the Official Zoning Map as follows: “By official action of the City Council, the following changes were made on the Official Zoning Map.” The changes made must be shown by ordinance number and date of publication. No amendment of this Zoning Code that involves matters portrayed on the Official Zoning Map will not become effective until after the change and entry are made on the map.

B. Replacement of the Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Council may adopt an ordinance approving a new Official Zoning Map that will supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction must have the effect of amending the original Official Zoning Map or any subsequent amendment. The new Official Zoning Map must be identified by the signature of the Mayor, attested by the Clerk, and containing the following words: “This is to certify that this Official

Zoning Map supersedes and replaces the Official Zoning Map previously adopted.” Unless the prior Official Zoning Map has been lost or destroyed, the prior map or any significant parts of it remaining must be preserved, together with all available records pertaining to its adoption or amendment.

4. Amendment For Rezoning of A Parcel. A request to rezone a parcel(s) shall be done in accordance with this subsection.

A. An application shall be filed by the owner of the parcel or their designated agent on forms provided the Clerk. The application form shall include the following required information.

(1) Legal description of the property to be rezoned.

(2) Current zoning designation.

(3) Proposed or requested zoning designation.

(4) Names of the current titleholders and their mailing address, phone number, and email address.

(5) Detailed description of the current use of the property and the proposed use of the property.

(6) Current site plan that shows the location of existing utilities, buildings, property lines, and other relevant improvements.

(7) Map showing the location of the property requested for rezoning, all property within 200 feet of the property being rezoned and labeling all streets, railroads, and other physical features. The map shall include a north arrow. All buildings shall be designated with their size.

(8) A statement regarding the reasoning for the rezoning request.

(9) The names and mailing addresses of all property owners within 200 feet of the property requesting rezoning whether inside or outside the City.

B. The applicant shall submit a total of 20 copies of the application, the application fee (as set by resolution of the Council), and any other information requested by the Zoning Administrator.

C. The request for rezoning shall be submitted at least 14 days prior to the Planning and Zoning Commission on which the application for rezoning is to be considered.

D. The Zoning Administrator shall provide notice to all property owners within 200 feet of the proposed rezoning property at least seven days prior to the date of the Planning and Zoning Commission meeting. The Clerk shall cause a notice of public hearing to be published at least seven but not more than 20 days prior to the date of the Planning and Zoning Commission meeting.

E. The Planning and Zoning Commission shall consider the rezoning request following a public hearing on the matter and shall provide to the

Council a recommendation regarding the application within 45 days of receipt of the application.

F. Following receipt of a recommendation from the Planning and Zoning Commission, the Council shall schedule a public hearing for an upcoming regular meeting of the Council. The Clerk shall cause notice of the public hearing to be published at least seven days prior to the date of the hearing but not more than 20 in the Council’s official newspaper. In addition, the Zoning Administrator shall provide notice to all property owners within 200 feet of the proposed parcel for which rezoning has been requested. Notice to adjacent property owners shall be at least seven days in advance of the hearing.

G. The Council shall hold a public hearing following the required publication of notice.

H. The Council shall make a determination on the approval or denial of the application following the public hearing or shall continue to the decision until a future meeting of the Council. Unless agreed upon by the City and the applicant a decision shall be made by the Council within 45 days following the receipt of a recommendation from the Planning and Zoning Commission.

I. In making a decision the Council shall be required to approve the re-zoning request by a three-fourths approval of the Council when the following occur:

(1) The Planning and Zoning Commission recommends disapproval of the rezoning request.

(2) Prior to the Council’s public hearing or during the public hearing the Council is presented with a petition which is signed by 20 percent or more of the owners within 200 feet of the proposed parcel requesting rezoning.

(3) Prior to the Council’s public hearing or during the public hearing the Council is presented with a petition which is signed by 20 percent or more of the owners of property that is included in the rezoning request.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules apply:

1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys must be construed to follow such centerlines;

2. Boundaries indicated as approximately following platted lot lines must be construed as following such lot lines;

3. Boundaries indicated as following corporate limits must be construed as following corporate limits;

4. Boundaries indicated as following railroad lines must be construed to be midway between the main right-of-way;

5. Boundaries indicated as following shorelines must be construed to follow such shorelines, and in the event of change in the shoreline, boundaries must be constructed to move with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water must be construed to follow those center lines;

6. Boundaries indicated as parallel to, or extensions of features indicated in Subsections 1 through 5 must be so construed. Distances not specifically indicated on the Official Zoning Map must be determined by dimensions shown on the map, or in the absence of dimensions, by the scale of the map;

7. In the case of further uncertainty, or where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections 1 through 6 above, the Board of Adjustment must interpret the district boundaries