Subdividers Ordinance

written application to the Planning and Zoning Commission and to the City Council and the City Attorney. Hearing may not be held until after the Council has held a meeting where the application can be reviewed and comments made. In any event, hearing may not be held less than 31 days from date application has been received by the P&Z for review and recommendation unless otherwise mutually agreed between the applicant and the City. The City must take action on the application no later than 31 days following the public hearing. 2. Notice of Public Hearing must be given at least seven days in advance but not more than 20 days before of the public hearing in the manner required for a public hearing by the Iowa Code for cities the size of Tiffin. Notice must also be mailed to all property owners within a distance of 200 feet of the affected property both within and outside the boundaries of the City. The applicant is responsible for providing an accurate list of property owners and mail addresses for each owner of record. 3. The public hearing must be held. Any party may appear in person, or by agent or attorney. 4. The Board of Adjustment must make a written Finding as to the application. If the Finding grants the special exception, the Finding must state that the grant of the special exception will not adversely affect the public interest. Further, in granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, are deemed a violation of this Ordinance and punishable under Section 13 Administration and Enforcement and Violations and Penalties of this Ordinance. The Board of Adjustment must prescribe a time limit within which the action for which the special exception is required must start or completed, or both. Failure to take action to start or complete within the time limit set voids the special exception permit. 11.08 VARIANCES APPLICATION AND PROCEDURE A variance from the terms of this Ordinance may not be granted by the Board of Adjustment unless and until: A. Application for a Variance: A written application is submitted to the City Clerk, who will distribute copies immediately to the Board of Adjustment, P&Z Commission, and City Attorney and City Engineer. The application must demonstrate: 1. That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same district; 2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. 150 Adopted November 14, 2007