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HomeMy Public PortalAboutOrdinances-2016-384CITY OF TIFFIN IOWA ORDINANCE NO. 2016-384 AN ORDINANCE AMENDING THE TIFFIN ZONING ORDINANCE NO. 2007-287 AND ANY AMENDMENTS THERETO, AMENDING SECTION 9.16, HOME OCCUPATION AND ITS DEFINITION BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose. The purpose of this ordinance is to amend Zoning Ordinance No. 2007-287, Section 9.16. Home Occupation, to limit the permitted uses of home businesses. Section II. Amendment. Section 1.05 B, Rules and Definitions; the definition of Home Occupations has been modified to, Home Occupation: Is a business, profession, occupation or trade conducted entirely within a residential building or a building accessory thereto, which is incidental and secondary to the use of such proper for dwelling purposes and which does not change the essential residential character of such proper . Section III. Amendment. Section 9.16, Home Occupation; the following has been modified to. 9.16 HOME OCCUPATION Home occupations are permitted in all residential zones, provided the home occupation is clearly and obviously subordinate to the use of the dwelling unit for residential purposes, and no negative impacts, as defined herein, result. Home occupations shall be conducted wholly within the primary structure or existing accessory buildings on the premises. The overriding consideration regarding home occupation appropriateness is whether neighboring or nearby property owners are negatively impacted, either by a reduced standard of living because of characteristics of the business such as noise or traffic, or by a reduced residential property value, which the following conditions address. A. The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as to produce noise, dust, vibrations, glare, smoke or smell, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning distance where the property is located. B. The home occupation shall not result in or cause vehicular traffic that will create a nuisance to the abutting properties or be detrimental to the residential character of the neighborhood. C. No more than twenty-five percent (25%) or four hundred (400) square feet of the floor area of the dwelling unit, whichever is less, or twenty percent (20%) of an accessory building on the premises, shall be devoted to the home occupation. D. Other than those related by blood, marriage or adoption, no employees are permitted to work, assemble or park at the home. E. The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted accessory building_ thereto, and in no event shall such use be apparent from any public way. F. There shall be no exterior display or storage of goods, supplies or equipment related to the operation of the home occupation. G. There shall be no advertising sign displayed on the premises (except as otherwise permitted). H. No commercial equipment or materials related to the home occupation, including but not limited to trailer, tanks, generators, and similar equipment not found at a typical residential home, shall be parked or stored on the street or on the property other than inside a completely enclosed building. No more than one commercial truck with a chassis rating of one ton or less may be parked at the home, and no truck with a chassis rating of over one ton may be parked at the home. Section IV. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. 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 VI. Effective Date. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 6`' day of September 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2016-384, and moved that it be given its first reading. The motion was seconded by Councilperson Bartels. Ayes: Bartels, Havens, Kahler, Upton. Nayes: Ryan. Four members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2016-384, was read the first time, discussed, and placed on record. On the 20`h day of September 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2016-384, and moved that it be given its second reading. The motion was seconded by Councilperson Upton. Ayes: Havens, Kahler, Upton, Bartels, Ryan. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2016-384, was read the second time and discussed and placed on record. On the 4th day of October 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2016-384, and moved that it be given its third and last reading. The motion was seconded by Councilperson Kahler. Ayes: Ryan, Havens, Bartels, Upton, Kahler. 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. 2016-384 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 4`' day of October 2016 and approved by the Mayor on the 4th day of October 2016. CITY OF TIFFIN, IOWA: By: — &—� STEVE BERNER, Mayor ATTEST:4 � 1�4v .. DOUGL S AhLDT, City Administrator/Clerk I, Douglas Boldt, City Administrator/ Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE TIFFIN ZONING ORDINANCE NO. 2007-287 AND ANY AMENDMENTS THERETO, AMENDING SECTION 9.162 HOME OCCUPATION AND ITS DEFINITION known as No. 2016-384 was duly passed by the Council on the 4' day of October 2016, and signed by the Mayor on the 5' day of October 2016, and published on the 6' day of October 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. 2016- 384 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa X*- DouglaVBordt, City Administrator/Clerk