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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 . -2 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, • 23- I 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. • -4- 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 ' . =d`•it -5- . 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 ./ • -6- 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. • _7_ i i I 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 ` A I r nib Ro• r ormanek ATTEST: adl_eLG ›d/ //14,14,‘J Adelia g. Kern, City Clerk' `' _8_ 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. /0/ ; i , -) A•elia . S. Kern, City Clerk • • • • • I . }