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HomeMy Public PortalAboutOrdinances-2015-379CITY OF TIFFIN ORDINANCE NO. 2015-379 AN ORDINANCE TO AMEND THE TIFFIN ZONING ORDINANCE REGARDING APARTMENTS IN COMMERCIAL ZONES AND TO PROHIBIT FIRST FLOOR APARTMENTS IN COMMERCIAL ZONING DISTRICTS AND TO ALLOW BASEMENT APARTMENTS IN CERTAIN COMMERCIAL ZONING DISTRICTS AND AMENDING DEFINITIONS BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. P=ose: The purpose of this ordinance is to prohibit first floor apartments in commercial zoning districts and allow basement apartments in certain commercial zoning districts. Section II. Amendment: The definitions of "basement" and "story" in Section 1.05(B) are hereby replaced as follows: Basement: The portion of a building that lies partly below grade but that has less than one-half its height above the average grade of the adjoining ground and is below the first story in a building. Story That portion of a building, other than a basement -included between the floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. Section III. Amendment: The following definitions are hereby added to Section 1.05(B): Front of the Building: the side of the building which faces the street on which it is addressed. First Story: the story of the building which is in reasonable close proximity to the grade at the front of the building. Section IV. Amendment: Section C-1B.02(B) is hereby amended as specified below, and Sub -Section C of C -1B.02 is hereby added: C -1B .02 PRINCIPAL USES AND STRUCTURES PERMITTED B. Second story apartments. C. Residential basement apartments provided they comply with the current building code. Section V. Amendment: Section C -10.02(B) is hereby amended as specified below, and Sub -Section C of C-10.02 is hereby added: C-10 .02 PRINCIPAL USES AND STRUCTURES PERMITTED B. Second story apartments C. Residential basement apartments provided they comply with the current building code. Section VI. Amendment: Section C-1S.02(B) is hereby amended as specified below, and Sub -Section C of C -1S.02 is hereby added: C -IS .02 PRINCIPAL USES AND STRUCTURES PERMITTED B. Second floor story apartments. C. Residential basement apartments provided they comply with the current building code. Section VII. Amendment: Section 9.20 is hereby deleted and replaced with the following: 9.20 [RESERVED] Section VIII. Re ealer. All ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby repealed. Section IX. Severability Clause. If any section, provision or part of this ordinance shall be adjudged 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 X. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 9th day of December 2015, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2015-379, and moved that it be given its first reading. The motion was seconded by Councilperson Kahler. Ayes: Upton, Bartels, Havens, Kahler Nays: None Four members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2015-379, was read the first time, discussed, and placed on record. On the 5th day of January 2016, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2015-379, and moved that it be given its second reading. The motion was seconded by Councilperson Ryan. Ayes: Upton, Bartels; Havens; Roman., Kahler Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2015-379, was read the second time and discussed and placed on record. On the 19th day of January 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2015-379, and moved that it be given its third and last reading. The motion was seconded by Councilperson Ryan. Ayes: Bartels, Havens, Ryan, Kahler, Upton Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2015-379 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 19th day of January 2016 and approved by the Mayor on the 19th day of January 2016. CITY OF TIFFIN, IOWA: By: STEVE BERNER, Mayor ATTEST: DOUGLAS 0 T, City Administrator/Clerk I, Douglas Boldt, City Administrator/ Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE TO AMEND THE TIFFIN ZONING ORDINANCE REGARDING APARTMENTS IN COMMERCIAL ZONES AND TO PROHIBIT FIRST FLOOR APARTMENTS IN COMMERCIAL ZONING DISTRICTS AND TO ALLOW BASEMENT APARTMENTS IN CERTAIN COMMERCIAL ZONING DISTRICTS AND AMENDING DEFINITIONS and known as No. 2015-379 was duly passed by the Council on the 19th day of January 2016, and signed by the Mayor on the 20th day of January 2016, and published on the 20`h day of January 2016, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2015-379 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa City of Tiffin Website , n. Douglas Bcdt, Uty Administrator/Clerk