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

CHAPTER 165 ZONING REGULATIONS other districts will be considered grounds for the issuance of a variance; and (4) That the special conditions and circumstances do not result from the actions of the applicant. B. Public Hearing. Notice of public hearing shall be given as in accordance with the State Open Meetings Law. The public hearing shall be held. Any party may appear in person, by agent, or by attorney. C. Finding. Upon the finding by the Board of Adjustment that the requirements of Subsection 8(A)(1-4) have been met by the applicant for a variance, the Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. D. Safeguards and Violations. The Board of Adjustment shall also make a finding that granting the variance will be in harmony with the general purpose and intent of this Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this Code and punishable under Section 165.32. E. Recording. The decision of the Board shall be recorded in the official minutes of the Board of Adjustment meeting. F. Expiration of Variances. Variances granted by the Board of Adjustment expire one year from the date they are granted by the Board if the variance allows construction that is not initiated within that one year and completed by the following year. 9. Appeals From the Board of Adjustment. Any person or persons, board, taxpayer, department, or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record within 30 days of such decision, in the manner provided by the laws of the State. 10. Compensation. All members of the Board shall serve with compensation as provided by approval of the Council, including their actual expenses, which shall be subject to the approval of the Council. 165.28 AMENDMENT PROCEDURE. 1. Intent. This section intends to provide a procedure for the amending or repealing any provision of this Code. For clarification, the procedure to amend this Code for purposes of rezoning property also includes the outlined items in Section 166.02(4). 2. Amendment Procedure. An application for an amendment in the language of this Zoning Code, requires a processing period of about 90 days as outlined below. The applicant may present “pre-application” information to the Clerk in advance of any regularly scheduled meeting of the Planning and Zoning Commission, and no fee will be charged. The Clerk shall immediately distribute the pre-application information to members of the Planning and Zoning Commission for examining, so CODE OF ORDINANCES, TIFFIN, IOWA - 1506 -