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 independent engineering analysis of the proposed use, building, or structure is required prior to final City approval. E. Need for Independent Engineering Analysis. If the Planning and Zoning Commission determines that reason exists to doubt compliance with any applicable performance standard provision , a professional engineer of the City’s choosing (but acceptable to the petitioner) may be asked to analyze the prospects for compliance. The cost of the 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 may 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 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 with the requirements. 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 Planning and Zoning Commission’s attention by anyone. If a violation is alleged and the Planning and Zoning Commission finds probable cause of a violation, the City shall inform the suspected violator and the violator shall initiate an independent engineering analysis within 14 days of notice by the City. Administrative determinations made in conjunction with the analysis may be appealed in the same manner as set forth in this Zoning Code for appeals. (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 violator 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. CODE OF ORDINANCES, TIFFIN, IOWA - 1731 -