Zoning Ordinance, Section 15: Severability, Repealing, Effective Date

This Ordinance and the various parts, sections, subsections and clauses thereof, are severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid, the remainder of the Ordinance is not affected.

If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, the application of such portion of the Ordinance to other property, buildings, or structures is not be affected.

Whenever any condition or limitation is included in an order authorizing any conditional use permit, variance, grading permit, zoning compliance permit, certificate of occupancy, site plan approval or designation of nonconformance, it is conclusively presumed that the authorizing officer or body considered the condition or limitation necessary to carry out the spirit and purpose of this Ordinance and to protect the public health, safety, and welfare. The officer or Board is presumed not to have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

The existing zoning regulations of the City of Tiffin being Ordinance No. 2005-272 of the City, as amended, are hereby repealed. The adoption of this Ordinance, however, does no affect nor prevent any pending or future prosecution of, or action to abate, any existing violation of the Ordinance 1998-219, as amended, if the violation is also a violation of the provisions of this Ordinance.

This Ordinance will take effect on adoption and completion of publication.

On the14th day of November 2007, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Wright motioned and Councilperson Petersen seconded, to approve a first reading by title only and to waive the requirements and rules requiring consideration at two meetings on separate dates and to give final approval of Ordinance No. 2007-287, AN ORDINANCE THAT REGULATES AND RESTRICTS THE LOCATION, CONSTRUCTION, AND THE USE OF BUILDINGS, STRUCTURES, AND LAND IN THE CITY OF TIFFIN, IOWA. FOR THIS PURPOSE THE ORDINANCE DIVIDES LANDS INTO DISTRICTS AND CREATES A PLANNING AND ZONING BOARD AND A BOARD OF ADJUSTMENTS. THIS ORDINANCE REPEALS ALL PREVIOUS ZONING ORDINANCES INCLUDING ORDINANCE NOS. 1995-204 AND 2005-272 AND AMENDMENTS THERETO, OR ANY ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDES PENALTIES FOR THEIR VIOLATION OF ITS REGULATIONS. Ayes: Bartels, Demuth, Petersen, Dils and Wright. Abstain: _______________________________________________________________________________________ Nays: _________________________________________________________________________________________ Motion carried.

Five members of the Council being present and five having voted “Aye”, Mayor Glenn R. Potter declared the motion carried, and Ordinance No. 2007-287 was passed and adopted and signified his approval of same by fixing his signature thereto.

Passed by the Council on the 14th day of November 2007 and approved by the Mayor on the 14th day of November 2007.

CITY OF TIFFIN IOWA

By: ________________________________ Glenn R. Potter, Mayor

ATTEST:

_______________________________ Margaret B. Reihman, City Clerk

I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE THAT REGULATES AND RESTRICTS THE LOCATION, CONSTRUCTION, AND THE USE OF BUILDINGS, STRUCTURES, AND LAND IN THE CITY OF TIFFIN, IOWA. FOR THIS PURPOSE THE ORDINANCE DIVIDES LANDS INTO DISTRICTS AND CREATES A PLANNING AND ZONING BOARD AND A BOARD OF ADJUSTMENTS. THIS ORDINANCE REPEALS ALL PREVIOUS ZONING ORDINANCES INCLUDING ORDINANCE NOS. 1995-204 AND 2005-272 AND AMENDMENTS THERETO, OR ANY ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDES PENALTIES FOR THEIR VIOLATION OF ITS REGULATIONS, and known as Ordinance No. 2007-287 was duly passed by the council on the 14th day of November 2007, and signed by the Mayor on the 14th day of November P P

2007, and published on the ____ day of ________________ 2007, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa.

That I posted copies of Ordinance No. 2007-287 in the following places: Morgan’s Service On the Go Convenience Store Solon State Bank of Tiffin ______________________________ Margaret B. Reihman City Clerk