Discussion and Review of Tiffin Municipal Code Revisions – Preparation for Setting the Public Hearing — Tiffin City Code - DRAFT

CHAPTER 165 ZONING REGULATIONS receive all of the evidence and arguments in the course of a public meeting on the particular issue. The chairperson, or the acting chair, shall administer oaths and compel attendance of witnesses by subpoena. All meetings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if a member is absent or fails to vote, the minutes shall indicate that fact. The Board shall keep records of its examinations and other official actions, all of which is a public record and shall be immediately filed in the office of the Clerk as a public record. 3. Voting and Decisions. A. A quorum for a meeting of the Board of Adjustment consists of at least three of the five members being present. A quorum is necessary for a meeting to be considered an official meeting that allows the Board to take action on any issue before it. B. The concurring vote of three members of the Board is necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code, or to effect any variation in the application of this Code. C. Any issue that receives less than three concurring votes of the members present at an official meeting is defeated. D. All decisions and findings of the Board on any appeal or upon any application for a variance or conditional use, after a public hearing, is the final administrative decision and is subject to judicial review. 4. Fees. Fees shall be in the amount established from time to time by resolution of the Council, and must be paid to the Clerk at the time an appeal, variance, conditional use, or revised site plan is filed. 5. Powers and Duties. The Board of Adjustment shall have the following powers and duties: A. Appeals. To hear and decide appeals where it is alleged there was error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Code. B. Special Exceptions. To hear and decide special exceptions to the terms of this Code upon which the Board is required to pass under this Code. C. Variances. To authorize upon appeal in specific cases such variance from this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code would result in unnecessary hardship and so the spirit of this Code is observed and substantial justice done. Under no circumstances may the Board of Adjustment grant a variance to allow a use not permissible under the terms of this Code in the district involved, or any use expressly or by implication prohibited by the terms of this Code in the district. 6. Appeals to the Board of Adjustment. Matters concerning interpretation or administration of this Zoning Code may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body of the City affected by any decision of the Administrative Officer. CODE OF ORDINANCES, TIFFIN, IOWA - 1503 -