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 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 an 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 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 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. (1) The Planning and Zoning Commission or Zoning Administrator shall 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 City staff, peace officer, health or environmental employee, or citizens. If a violation is alleged, the Zoning Administrator shall inform the suspected perpetrator and shall initiate an independent engineering analysis consistent with the analysis procedure outlined in Paragraph F. Administrative determinations made in conjunction with the analysis may be appealed according to Paragraph H. J. Revocation of Permits. If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure are void and the operator shall cease operation until the violation is remedied. Failure to cease operation within two days of notice to do so by the City constitutes a violation of this Zoning Code and the penalty provision cited in Section 165.32 may be imposed. † EDITOR’S NOTE: Language adding these performance standards was adopted by Ordinance No. 2018-433 on June 19, 2018. CODE OF ORDINANCES, TIFFIN, IOWA - 1639 -