HomeMy Public PortalAboutOrdinances-1979-83 _ P
ORDINANCE NO 07c1 - g 3
AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION,
CONSTRUCTION, AND USE OF BUILDINGS AND STRUCTURES, AND THE
USE OF LAND IN THE CITY OF ,TIFFIN, IOWA, AND FOR SAID PURPOSES
DIVIDING THE CITY INTO DISTRICTS, AND PROVIDING PENALTIES FOR
VIOLATIONS OF THE REGULATIONS.
BE IT ENACTED BY THE COUNCIL. OF THE CITY OF TIFFIN, IOWA:
SECTION 1: Short. Title. . ' This ordinance shall be known
and may be cited as "The City of Tiffin, Iowa, Zoning Ordinance. "
SECTION 2 : Purpose. The purpose of this ordinance is to
provide adequate light and air, to prevent the overcrowding of
land, to avoid undue concentration 'of population-, to regulate
the use of land, and to promote the health, morals , safety and
general welfare in the City of Tiffin, Iowa.
SECTION 3: Definitions.' For use in this ordinance certain
terms or words used herein shall be interpreted or defined as ; �J `
follows:
1. Words used in the present tense include the future
tense.
2. The singular includes the plural.
3. The word "person" includes a corporation as well as
an individual.
4 . The word "lot" includes the word "plat" or parcel..
5. The term "shall" is' always mandatory.
6 . The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended,
arranged or designed to be used or occupied. "
7. "Structure" means a combination of materials other
than a' building to form a construction that is safe and stable
and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, fences, signs and chicken
coops.
8. "Trailer" means a vehicle equipped for use as a
dwelling and designed to be hauled along a highway whether
or not it is placed on permanent foundation unless converted
to real ro er
p p ty as defined by law for assessed valuation.
9 . "Double Trailer" means any trailer with a width
at any point in -excess of 14 feet.
10. A "dwelling" is a building used as the living
quarters for one or. more families, not including auto courts,
rooming homes or tourist homes.
a. A "Private Dwelling" is a dwelling occupied by .
but one family alone..
b. A "Two-Family Dwelling" is a dwelling occupied
by but two families alone:
c. A "Multiple Dwelling" is a dwelling occupied by
more than two families .
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SECTION 4 Establishment of Districts. The City of
Tiffin, Iowa, is hereby divided into the following districts:
Al - Agriculture
R1 - Single Family Residential District
R2 - Two Family Residential District
R3 -, Multi-Family Residential District
TC - Trailer Court District
Cl - Commercial District
Ml Industrial District
SECTION 5. Official Zoning Map. The boundaries of
these districts are hereby established as shown 'on the official
zoning map of the City,. and said map and all notations ,
references and other information shown thereon shall be and
are hereby made a part of this ordinance by reference. The
official zoning map, signed by the mayor and properly attested
by signature of the Clerk and date of adoption,e shall' be
and remain on,file in the Office of the. City Clerk.
SECTION 6 . Amending Official .Zoning. Map. Amendments,
supplements or changes of the boundaries of districts as shown
on the official zoning map shall be made by an ordinance amending
the zoning ordinance. The amending ordinance shall refer to
the official zoning map and shall set out the identification
of-the area affected.. by legal description and identify the
zoning district as the same exists and the new district
designation applicable to said property. Said ordinance shall,
after adoption and publication, be recorded by the city clerk
as other ordinances and a certified copy thereof be attached
to the official zoning map. . Such amendatory ordinance shall,
however, not repeal or re-enact said map, but only- amend it.
The official zoning map, together with amending ordinances,
shall be the final authority as to the current zoning status of
land' and water areas, buildings and other structures' in the ,
city.
Whenever any street; alley or other public way is vacated
by official action of the city council, the zone adjoining .`
each side of such alley, street, or public way shall be auto-
matically extended to the center of such vacation and all area
included therein shall thence forth be subject to all
appropriate regulations of the extended zone.
SECTION 7. Replacing Official Zoning Map. In the event that
the official zoning map becomes damaged, destroyed, lost, or
difficult to interpret because of use, the city council may by
resolution adopt a new official zoning map which shall super-
sede the prior map. The new official zoning map may
correct drafting or- other errors or omissions in the prior
map, but no such correction shall have the effect of amending
the original zoning ordinance or any subsequent amendment
thereof.. The new official zoning map shall be identified by -
date and the signature of the mayor attested by the city clerk
under the following words: "This is to certify that this
Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of map being replaced) .
as part of the zoning ,ordinance of the city. "
SECTION 8. Application of Regulations. Except as
hereinafter provided:
1. No building or land shall hereafter be used or
occupied and no' building. or part thereof shall be erected,
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moved or altered unless in conformity with the regulations
-herein specified for the district in which it is
located.
2 . No building shall hereafter be erected or altered:
(a) ' To exceed the height;
(b) To accommodate or house a greater number of
families;
(c) To occupy a greater ercenta
P ge of lot area;
or,
(d) To have narrower or smaller rear yards, side
yards, inner or outer courts than are specified
herein for the district in which such building
is located.
3. No part of a yard of other open space
any building for the purpose of complying
with the provisions p ons
of this ordinance shall be included as a
• part of a
yard or other open space similarl y required for
another building.
4. Being either a residential building in a residential
district or a commercial building in a commercial district.
One additional building may be erected upon the lot provided
it is an accessory building to the primary use and it is only
constructed after the issuance of a building permit approved
by the city council as to the location and use of the
accessory building.
SECTION 9 . Al - A ricultural. All property within
the corporate limits o the City of Tiffin which has not.
received specific classification. Al uses' shall be limited
to those associated with agriculture. '
SECTION 10. Rl - Single Family Regulations: A premises
in the R1 zone shall be used for the following purposes only:
1. Single family dwellings, provided however, that
not more than two persons, not members of the
family may room in such premises.
2. Public parks, public buildings, including schools,
churches.
3. Preschools whereat least 100 square feet of
open play space is provided for each child enrolled.
SECTION 11: R2 - Two Family Duplex Regulations:
1. The premises in the R2 residence zone may be
used for the following purposes only:
A. The uses set forth for R1 resident use
B. Two-family dwellings provided, however,
that no more than three persons not members
of a family may room in each living unit
provided that off street parking is provided.
In addition, there will be a minimum of
6,000 :square feet of lot size for construction
of a two-family dwelling.
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SECTION 12 : R3 - Multi-family Zone Use Regulations:
The premises located in the R3 resident zone shall be used
for the following purposes only:
1. Uses set forth in R1. and R2 property. .
2.. All multiple family dwelling, provided, however,
that there shall be a minimum of 3,000 square
feet lot space per unit.
3. Nursing homes.
4 . Hospitals and institutions except animal,
criminal or mental hospitals.
SECTION 13: TC - Trailer Court Zone Use Regulations :
The only use permitted in areas zoned TC shall be for single
family trailer use under' the lot size specifications outlined
below.. .
SECTION 14 . Cl - Commercial: Cl Commercial Zone Use
Regulations shall be as follows:
1. Residential use as set forth in R1, R2, .,R3 areas.
2. Lodging houses, clubs,, furniture outlets,'
department stores, retail outlets (clothing,
dry goods, shoe and variety stores, hardware,
electrical appliance, paint and wallpaper,
grocery, fruit or vegetable stores, supermarkets,
meat markets, delicatessens, drug stores,
liquor stores, restaurants, taverns, gift shops,
jewelry stores , book stores, florist shops,
camera and photography shops, sporting goods
stores, barber and beauty shops, dressmaking
and shoe repair and tailor shops) , medical and
dental offices and clinics, law offices, insur-
ance .and real estate offices, banks., financing,
utility company offices, gas stations.
SECTION 15. Ml .- Industrial. Zone Uses. Those uses as
outlined under' Cl Commercial.
1. Bulk fuel storage for distribution plant.
2. Animal hospital and clinics.
3. Repair shops.
4 . Automobile sales lots, warehousing and
storage.
5. Any other use as approved' by the city council
under the specifications and restrictions
of the city council as outlined in the
issuance of the building permit or occupancy
permit.
SECTION 16. Height Requirements . The following shall
be the height restrictions for each district and no structure
shall be erected, to a height in excess thereof.
Rl District - 35 '
R2 District' -' 35'
R3 District 45 ' .
TC District - 25 '
Cl District - 50 ' '
M1 District - 100 ' .
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SECTION 17. Lot Requirements. The following lot sizes
shall be required for each district as follows and in
addition, each lot shall have front, side and rear yards not
less than the. following depth and width per district:
Rl District
Lot size - 90 ' X 140 '
Front & rear yard - 25 ' ,
Side yards 9 ' ,:
R2 District .
Lot size - 90 ' x 140 '
Front & rear yard - 25 '
_ s Side yards - 5 '
R3 District
Lot size 90 ' x 140 ' .
Front & rear yard - 25 '
Side yards - 5 '
TC District
Lot size - 3,000 sq. feet - single trailer,
5,000 sq. feet - double trailer
Front & rear yards - 20- feet
Side yards - 10 feet
Cl District
Lot size 35 '. x 35 '
Front & rear yard - none
Side yards - none
M1 District
Lot size - 60 ' x 100 '
Front & rear yards - 25 ' front yard
Side yards - none
SECTION 18. Parking Requirements. The following shall
be the number of off street parking spaces required for each .
respective district. A parking space shall be an area at
least 9 ' wide and 20 ' long connected to a public street
or alley by driveway not' less than 10 ' wide and so arranged
t as to permit ingress and egress of the automobile parked
adjacent to the parking space.
R1 District - 2 spaces per lot
R2 , R3 Districts - 11/2 space per dwelling unit
Cl District - ' 1 space per 1,000 foot of lot.
In addition, said parking spaces shall be of
a hard surface of either blacktop or concrete.
Ml District - 1 space per 1,000 sq. feet of 4;
building space. In addition, said parking
spaces shall be of a hard surface of either ;.
blacktop or concrete.
TC District 1 space ppr lot
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SECTION 19. Administration and Enforcement. This
ordinance shall be enforced by the mayor or other appointee
of the City Council. No building permit or certificate b ''t:'' ;.
occupancy shall be issued by, him except where the provisions
of this ordinance have been complied with.
SECTION 20. Permits and certificates of occupancy. No4
land 'shall be used or occupied, and no building hereafter
erected, altered or extended, shall be used or changed in use,
until a certificate of occupancy and a building permit shall
have been issued by the mayor or other appointee of the. city
council in accordance with the provisions of this ordinance
and the building code.
SECTION 21. Nonconforming buildings and uses. The lawful
use of any building or land existing at the time-' of the enact-
ment of this ordinance may be continued although such use does
not conform with the provisions of this ordinance.
SECTION 22.. Abandonment. Whenever a nonconforming use has
been discontinued for a period of one year, such use shall not
thereafter be re-established, and any future use shall be in
conformity with the provisions of this ordinance.
SECTION 23. Amendments to this ordinance. The boundaries
of districts as now established and the regulations thereof may
be amended, supplemented or changed, or repealed by the city
council from time to time, either upon its own motion, or
upon a petition as herein provided for, or upon recommendation _
of zoning and planning commission.
Provided:
1. No such•amendment, supplement or change shall be
adopted until after a notice thereof is. duly published as
provided by the laws of this State.
2. When a proposed amendment, supplement or change does
not originate with the zoning and planning commission, the
same shall be submitted to said commission thirty (30) days
in advance of the date on which action is to be taken for
its recommendation thereon.
3. This requirement shall not act as a stay upon the
proposed action by the council where said commission fails to
submit its recommendation to the council within thi'±ty days
after receiving written notice requesting the same.
SECTION 24. Penalty. Anyone violating any of the provisions
of this ordinance shall, upon conviction, be subject to impri-
sonment not exceeding thirty days or a fine not exceeding $100.00.
In addition to the above or in lieu thereof, the city
council may by resolution authorize the filing in District
Court of a petition for writ of injunction to stop any further
violation.
SECTION 25. Repealer. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance' .
are hereby repealed.
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t ' ., SECTION 26. Severability Clause. If any section, k ;.
. provision or part of this ordinance shall be adjudged inval2.d
or unconstitutional, such. adjudication shall not affect the
validity of the ordinance as a, whole or in any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION 27. When effective. This ordinance shall be
in effect after its final passag&, approval and publication as
provided by law.
It was moved .by Councilmember Madden and seconded by
Councilmember Stratton , . that the foregoing ordinance be given
its first reading and that the rule that an ordinance must be
received and filed at two (2) meetings prior to the meeting when
the final action is taken be dispensed with. The roll was
called and the vote was:
AYE NAY ABSENT
Glenn Potter X
Doris Madden X
Tom Morgan X
Janis Stratton X '
Lloyd Williams X
The Mayor declared the motion to have received a three-fourths
affirmative vote of the members of the Council.
The ordinance was then given its first reading on the
12 day of September , 1979, after which it was discussed.
Councilmember Potter then moved the ordinance be placed
upon passage and be adopted.. Councilmember Morgan seconded
the motion. The roll was called and the vote was:
AYE NAY ABSENT
Glenn Potter X
Doris Madden X
Tom Morgan X
Janis Stratton X
Lloyd Williams X •
Whereupon the Mayor declared the ordinace adopted and
signified his approval of the"same by affixing his signature
thereto.
Passed by the Council on the 12 day of ,September , 1979.
CITY OF TIFFIN, IOWA `
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Ro• r ormanek
ATTEST:
adl_eLG ›d/ //14,14,‘J
Adelia g. Kern, City Clerk' `'
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I, Adelia S . Kern, Clerk of the City of Tiffin, Iowa,
certify that this is a true and correct copy of the ordinance .
'passed and approved this 12 day of September , 1979.
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A•elia . S. Kern, City Clerk
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