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Home My Public Portal AboutOrdinances-2001-246 CITY OF TIFFIN ORDINANCE NO. 20b1- 246 AN ORDINANCE AMENDING ORDINANCE NO. •196-2G,t (ZONING ORDINANCE) OF THE MUNICIPAL CODE OF TIFFIN, IOWA,REGARDING NOTIFICATION OF REZONING TO PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY PROPOSED FOR REZONING I BE IT.ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: Section 1. Purpose. The purpose of this ordinance is to amend Ordinance No. 1996-204, of.the Municipal Code of Tiffin, Iowa, so as to require the mail notification of owners of property that are within 200 feet of property proposed for rezoning and to require the posting of such notice upon the property.to be rezoned. . Section 2. Amendment. City of Tiffin Ordinance No. 9 9 -Z , Section 5.19A Procedure is hereby deleted and the following language inserted in lieu thereof. A. PROCEDURE: The regulations imposed and the districts • created by this Chapter may be amended from time to time by the City Council, but no such amendments shall be made without public hearing before the City Council and after a P g .tY report upon the amendment from the Planning and Zoning Commission. If the Planning and Zoning Commission makes, no report within thirty (30) days from the date of passage of the Council's motion referring the matter to the Planning and Zoning Commission, the City Council may proceed with a public hearing without such report or recommendation. At least seven (7) days' notice of the- time and place of such � ) Y P hearing shall be given according to the requirements for public hearings in the Iowa Code for cities the size of Tiffin. Further, written notice of the hearing shall be mailed by the Planning and Zoning Administrator, at least seven (7) days.prior to the hearing, to all property owners within a radius of 200 feet from the property involved in the proceedings. For purposes of notification, ownership of the adjacent properties will be "verified with official records of Johnson County. Any related costs for rezoning applications that are incurred for the newspaper publication of the public hearing, mailings, and a posting sign shall be reimbursed by the rezoning applicant(s) to the City'after receiving a bill for the same from the City Clerk. These costs shall be in addition to any rezoning application fee set by resolution of the City Council. The posting sign must,be immediately displayed by the applicant on the property proposed for rezoning so that it is easily visible from any roadway"adjacent to the property. S:\Clients\Cities\Tiffin\ORDINANCES\ZONING ORDINANCE\ZONING AMEND RE NOTICE TO OWNERS 200 Fr REZONINGS.doc Last printed 05/09/01 11:12 AM ; e ltd Ordinance 2001 -246 Page 2 Section 3. Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section 4. Repealer. All ordinances.or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Severability. If any section, provision, 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, provision, or part thereof not adjudged invalid or unconstitutional. Section 6. Effective Date. This ordinance shall be in effect after its final passage, approval,and posting as provided by law. On the 9th day of Mat LQ01, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Bartels introduced Ordinance No?001 -246 , and moved that it be given its first reading. The motion was seconded by Councilperson Ryan Ayes: Dils, Bartels, Ryan and Walls. Nayes;None. Absent: Four members of the council being present and having voted "Aye",Mayor Glenn R Potter declared the motion carried, and Ordinance Not 0 0 0-2 44 , was read the first time and ft::: discussed and placed on record. I On the 13 'h day o y 2001, at a regular meeting of the Tiffin City Council, Tiffin, II Iowa, Councilperson Bartels introduced Ordinance Not 0 01 -2 4 k , and moved that it be given its second reading. The motion was seconded by Councilperson Ryan Ayes: Bartels, Walls, Gericke, Ryan and Dils None. Absent: None. Nayes: F i vernembers of the council being present and having voted "Aye",Mayor Glenn R.Potter declared the motion carried, and Ordinance No?001-244 , was read the second time and discussed and placed on record. Jv 33 hh On the 111thtday o2001, at a regular meeting of the Tiffin City Council,Tiffin, Iowa, Councilperson Dils introduced Ordinance No 2 0 0'I -246 , and moved that it be given its third and last reading. The motion was seconded by Councilperson Walls Ayes: Bartels, walls, and Dils Nayes: None. Absent: Gericke and Ryan 2 S:\Clients\Cities\Tiffin\ORDINANCES\ZONING ORDINANCE\ZONING AMEND RE NOTICE TO OWNERS 200 FT REZONINGS.doc Last printed 05/09/01 11:20 AM kd , Ordinance 2001'-24:, Page 3 T members of the council being present and having voted "Aye",Mayor Glenn R. Potter declared the motion carried, and Ordinance No. 2 001 -2 4.fO , was then placed on its last reading and was read the last time. Thereupon, it was moved by Councilperson Bartels and seconded by Councilperson Walls that Ordinance No. 2001 -2 41,_be placed upon its final passage and adopted. Ayes: Dils, Walls, Bartels Nayes: None. Absent: Ryan and Gericke Three members of the council being present and having voted "Aye",Mayor Glenn R. Potter declared the motion carried, and the ordinance was passed and adopted. Whereupon the mayor declared that Ordinance No. 2001 -_2 4 6 be adopted and signified his approval of same by fixing his signature thereto. 13h Passed by the council on the 11th day of June, 2001 and approved by the mayor on the 11th day of July 2001. 13th June GLENN PO TER,Mayor ATTEST: Ag5i4' -,MAR B. RE ,City Clerk I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING ORDINANCE NO. 1996-204 (ZONING ORDINANCE) OF THE MUNICIPAL CODE OF TIFFIN, IOWA, REGARDING NOTIFICATION OF REZONING TO PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY PROPOSED FOR REZONING and known as No.2 0 01 -246 _was duly passed by the council on the 1 3th day of June 2001, and signed by the mayor on the 1 3thday of June 2001, and published on the 26th day of June 2001, by posting copies thereof in three public places within the limits of the City of Tiffin,Iowa. That I posted copies of'Ordinance No. 2 0 01 -2 4 fo in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin MAR • .i.T B. liVi Ci •Jerk 3 S:\Clients\Cities\Tiffin\ORDINANCES\ZONING ORDINANCE\ZONING AMEND RE NOTICE TO OWNERS 200 FT REZONINGS.doc Last printed 05/09/01 11:20 AM 'kd