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Home My Public Portal AboutOrdinances-1981-100 ORDINANCE NO. 1981-100 AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 83 OF THE ORDINANCES OF TIFFIN, IOWA, SO AS TO CREATE A BOARD OF ADJUSTMENT, SOiAS Tb AMEND THE DEFINITIONS OF "DWELLING" AND "TRAILER" , AND SO AS TO PROVIDE THAT EXISTING LOTS SHALL BE ALLOWED TO DEVELOPr`, ? TO THE FULL EXTENT OF THEIR ZONED USE.. BE IT ENACTED BY THE CITY {{COUNCIL OF THE CITY OF TIFFIN, IOWA: f I SECTION I : Purpose. Theipurpose of this Ordinance is to amend the present City of Tiffin Ordinance No. 83 so as to create a Board of Adjustment, so as to amend the definitions of "dwelling" and "trailer" , and so as to provide that existing lots shall be allowed to develop to the full extent of their zoned use. SECTION II : Addition. The following Section 28 shall be added at the end of Ordinance No. 83 of the City of Tiffin: "SECTION 28 : Board of Adjustment Created. There is hereby created a Board of Adjustment, composed of five resi- dents of the Town of Tiffin, who shall be qualified by knowledge and experience to act in matters pertaining to the development of town planning and zoning, none of whom shall hold any elective position in said town. Said members shall be appointed by the town council. a. Term of Office. The term of office of said member shall be five years, except that when the Board is first created, one member shall be appointed for a term of five years , one for a term of four years,. one for a term of three years, one for a term of two years, and one for a term of one year. Any vacancy occurring on the commission, caused by resignation or otherwise, shall be filled by the Council for the unexpired term. b. Membership. The Board shall not carry out its business without having three members present. A majority of members of the Board of Adjustment shall be persons represent- ing the public at large and shall not be involved in the business of purchasing or selling real estate. Members shall be removable for cause by the City Council upon written charges and after public hearing. All members of such commission shall serve without com- pensation except their actual expenses which shall be=siibject to the approval of the Council. c. Meetings. Meetings of the Board shall, be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. L •b r.. i ° , The Board shall keep minutes of its procedings, showing the ' y vote of each member upon each question, or as absent or failing - to vote, indicating such fact, and shall"fkeep records of its ' examinations°and other official actions, all of which shall icie immediately filed in the office of the Board,.and 'shall be a public record. r 4 ` d. Powers. Said Board of Adjustment, shall have and possess the following powers, and' such powers as_may be incidental to the successful carrying but of the powers vested in it herein of such as may be expressly conferred upon by law: ' '((1) To hear and decide appeals •where 'it is alleged that there is error in an order, requirement, _ . decision, or determination, made by an administrative.off icial in the enforcement of Section 4.14• of the Iowa Code or of the zoning 4 ordinance. . , (2) To hear and decide special exemptions to the terms of the-ordinance upon which such Board is required to pass under such ordinance. :, (3) To authorize upon appeal and specific cases such variance from the-terms of the ordinance as will not be contrary to the public interest, where owing to special , conditions a, literal enforcement of 'the provisions of the ordinance ,_ will result in unnecessary hardship, and so that the' spirit of the . " ordinance shall be �observed and substantial justice done. • (4) To promulgate and make available to the public rules and regulations governing submission°to ° the Board of Adjustment exceptions, and appeals." 1 Y SECTION III: Addition. The following Section 29 shall ° ,be added at the end-of Ordinance` No. 83 of the City of Tiffin: "SECTION 29: Lots which were zoned R-1 as of September 12, 1979 and which are too small for their zoned use will • r, , be allowed to develop to the full extent,of their zoned use." k SECTION IV. Amendment. Sections 3(8) and 3(10) of Ordinance No. 83 of the City of Tiffin Ordinances are repealed and the,:following Sections 3(8) and 3(10) are substituted in lieu thereof: , . • "SECTION 3(8): ,A "trailer" is a vehicle which exceeds 8 feet in width and 30 feet in leright, which has no motive power, which is used or so-manufactured or constructed as to permit , -2- - - h. 4 R t 4 r • its being towed upon public streets or highways and which is so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons . If any ,such vehicle is used as a place of human habitation for more '), ) than ;31'p consecutive days in one location, it shall be classed as a trailer regardless of the size limitation, herein provided. " "SECTION 3 (10) : A "dwelling" is a building used as the living quarters for one or more families , not including auto courts, rooming homes , tourist homes , or trailers. 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. " SECTION V: Repealer. All ordinances or parts of ordinances in conflict with theprovisions of this ordinance are repealed. SECTION VI : Savings Clause. If any section, pro- , visions, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provisions , or part thereof not adjudged invalid or unconstitutional. SECTION VII: When effective. This ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed by the Council on the /7 _ day of , 1981 and approved on this /'J day of 9,C..4-11.4.,/ , 198 . Attest: /AIWA dir a4 A Ltailk CLERK • - 3 - . !. r5 ,r."' i to i r , q A The foregoing ordinance entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE NO.` 83 OF THE ORDINANCES OF TIFFIN, IOWA, SO AS TO CREATE A. BOARD OF ADJUSTMENT, SO AS TO AMEND THE DEFINITIONS OF "DWELLING" AND "TRATLFR",.AND SO AS TO-PROVIDE THAT EXISTING LOTS SHALL BE ALLOWED TO DEVELOP TO THE FULL EXTENT OF_THEIR ZONED USE, was published on the , L. day of g, 1981 by posting copies thereof in three , ,E places within the limits, two of which are the mayor's office and the post . office. ; IL_!'. •_ '' ,.4 , -•CLERK ` Councilman 1nQdOLOU CiFtiocliced the foregoing Ordinance which ` was then •read and duly considered by the Council. Its adoption was , moved by..C_ ouncilman , 'K (;wc and seconded by Councilman .44- ,_______. . • On roll call Councilman 7JQdd Irv, Tn -' , i Reskkot voted "aye." Councilman '` voted "Nay." 4` Whereupon the Mayor' declared the motion carried. "Councilman r law requiring three readings of this C'rdin e . then moved that the rule o a q g a on three different dates be dispensed with. On roll call Councilman ka_r.�r1 Pi ) P z o JL_> , .0)4,c ,, (? o c vv % voted "aye " Councilman . ` voted "Nay." , ' , The Mayor then de Tared this {O dinance, duly passed and,adopted on ' this /I day of ' h11'.`, , 1981. Posted in three places within the corpo ate limits of_ Tiffin, Iowa. 's Attest: ad �1 i A�) _ k -i.,�, '�!ei ��_, - . CLERK Orr,' - I, Adelia S. Kern, City Clerk of Tiffin, ,Iowa do i py certify that the above is a true and correct copy °of Ordinance No. U 100 passed b the City Council of Tiffin, Iowa at a special meeting held, on ' the day of • �� , 1981, ,as the same appears on-record . in my office. 4/ , r/ ` DATED this T / I day of PtkJ , 1981. . . U , I a Chd-ii4) CIO 'i(cr k-} . City Clerk of Tiff in, Iowa 4. . 1 la ` M Y 'y , L r `i &, S4 . { rj r L ire v". Ci P. e V