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

CHAPTER 166 ESTABLISHMENT OF ZONING DISTRICTS AND THE OFFICIAL ZONING MAP (5) All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times. D. Administrative Options. The Planning and Zoning Commission may approve and authorize the establishment of the use, building, or structure if all pertinent provisions of this Zoning Code and other applicable ordinances are complied with. If, however, the Planning and Zoning Commission determines that the proposed use, building, or structure does not comply with performance standards, they shall inform the applicant that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required prior to final Council approval. E. Need for Independent Engineering Analysis. If the Planning and Zoning Commission determines that reason exists to doubt the compliance with any applicable performance standard provision, a State licensed professional engineer of the City’s choosing (but acceptable to the petitioner) may be asked to analyze the prospects of compliance. Costs of such analysis shall be paid by the applicant. F. Use of Independent Engineering Analysis. Upon submission of an independent engineering analysis authorized by the City, the Planning and Zoning Commission shall authorize establishment of the use, building, or structure if the independent analysis confirms probable compliance with this provision and if all other applicable provisions of this Zoning Code and other City ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then the application must be denied until such time that the proposal is able to comply fully. G. Failure to Act. The failure of the Planning and Zoning Commission to act on an application within 120 days following formal filing of the application may be appealed to the Board of Adjustment. H. Appeal of Decision. Following the determination of the Council, based on the recommendation of the Planning and Zoning Commission, the applicant or any person aggrieved shall have the option of filing an appeal to the Board of Adjustment. An appeal shall be filed within 10 days of the Council’s decision. I. Continued Enforcement. The Planning and Zoning Commission or Zoning Administrator must investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of the ordinance adopting these performance standards and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards.† Alleged violations may be brought to the Council’s attention by City staff, peace officer, health, or environmental employee, or citizens. If a violation is alleged, the Zoning Administrator must inform the suspected perpetrator and must initiate an independent engineering analysis consistent with the analysis † EDITOR’S NOTE: Language adding these performances standards was adopted by Ordinance No. 2018-433 on June 19, 2018. CODE OF ORDINANCES, TIFFIN, IOWA - 1623 -