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 may be asked to analyze the prospects of compliance. Costs of such analysis must 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 must 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. Appeal of Administrative Determination. Action, or a lack of action by the Planning and Zoning Commission, with reference to these performance standards may be appealed to the Board of Adjustment. Or, in instances when no action has been taken by the Planning and Zoning Commission within 120 days after formal filing of the application. H. Continued Enforcement. (1) The Planning and Zoning Commission shall investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of this Zoning Code 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 employees of that office, or by County or State law enforcement, health, or environmental employees or officials or citizens. If a violation is alleged, the Planning and Zoning Commission shall inform the suspected perpetrator and shall initiate an independent engineering analysis consistent with the analysis procedure outlined herein. Administrative determinations made in conjunction with the analysis may be appealed in the same manner heretofore outlined. (2) 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 must 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. I. 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 CODE OF ORDINANCES, TIFFIN, IOWA - 1713 -