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 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. (1) 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† 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, a peace officer, health, or environmental employees, officials, or citizens. If a violation is alleged, the Zoning Administrator shall inform the suspected perpetrator and must 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. K. Technical Provisions. (1) Noise a. To measure the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer may be employed. The flat network and the fast meter response of the sound level meter may be used. Sounds of short duration that cannot be measured accurately with the sound level meter may be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) must be used with the following tables. The suspected perpetrator will be required to hire, at the approval of the City, a consultant to measure, record, and report to the Council results about compliance with this Code. All costs shall be the responsibility of the property owner. † EDITOR’S NOTE: Language adding these performance standards was adopted by Ordinance No. 2018-433 on June 19, 2018. CODE OF ORDINANCES, TIFFIN, IOWA - 1688 -