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

CHAPTER 165 ZONING REGULATIONS not be held until after the Council has held a meeting where the application can be reviewed, and comments made. In any event, the hearing shall not be held less than 31 days from the date the application has been received by the Planning and Zoning Commission for review and recommendation unless otherwise mutually agreed between the applicant and the City. The City shall take action on the application no later than 31 days following the public hearing. (2) Notice of Public Hearing shall be given at least four days in advance but not more than 20 days before of the public hearing in the manner required for a public hearing by the Code of Iowa. Notice shall also be mailed to all property owners within a distance of 200 feet of the affected property both within and outside the boundaries of the City. The applicant is responsible for providing an accurate list of property owners and mail addresses for each owner of record. (3) The public hearing shall be held. Any party may appear in person, by agent, or attorney. (4) The Board of Adjustment shall make a written finding as to the application. If the finding grants the special exception, the finding shall state that the grant of the special exception will not adversely affect the public interest. Further, in granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, are deemed a violation of this Code and punishable under Section 165.32. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall start or be completed, or both. Failure to take action to start or complete within the time limit set shall void the special exception permit. 8. Variances Application and Procedure. A variance from the terms of this Zoning Code may not be granted by the Board of Adjustment unless and until: A. Application for a Variance. A written application is submitted to the Clerk, who will distribute copies immediately to the Board of Adjustment, Planning and Zoning Commission, City Attorney, and City Engineer. The application shall demonstrate: (1) That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same district; (2) That literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code. (3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, structures, or buildings in the same district. No non- conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in CODE OF ORDINANCES, TIFFIN, IOWA - 1505 -