Ordinance No. 63-08 CITY OF TIGARD, OREGON
ORDINANCE NO. 63-
AN ORDINANCE CREATING A CITY PLANNING COMMISSION FOR THE
CITY OF TIGARD, DEFINING AND AUTHORIZING ITS POWERS, DUTIES AND
PROCEDURES AMENDING ORDINANCE NO. 63-6 --ZONING CODE OF THE CITY
OF TIGARD--tO SUIBSTITUTE THE CITY PLANNING COMMISSION UNDER SAID
ZONING CODE FOR THE CITY COUNCIL WITH RESPECT TO CERTAIN SECTIONS
THEREOF, AMID DECLARING AN EMERGENCY
WHEREAS, the City of Tigard has heretofore operated without
+ss-on and hoe exercised the functions and
a city punning cvus`u+.00+..... -.._ _�_
duties prescribed by Chapter 227 Oregon Revised Statutes through
its City Council;
WHEREAS, §227.020 O.R.S. authorizes any city council by ord-
inance to create a planning commission with the powers and duties
as set forth in §227.090 O.R.S.;
WHEREAS, it is deemed necessary, desirable and beneficial
to the City to constitute a duly authorized body to perform the
duties and exercise the powers and procedures prescribed in
Chapter 227 Oregon Revised Statutes;
NOW , THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: There is hereby created a City Planning Commission in
the City of Tigard, Oregon, pursuant to §227.020 O.R.S.
Section 2: The City Planning Commission of Tigard, Oregon shall
consist of the Mayor, the City . ttorney and the City
Engineer as ex-officio members, and of seven (7) ottw members to be
appointed by the Mayor, not more than two (2) of whom shall be non-
residents of the City. Commission members shall receive no compen-
sation fcr'their services as such members.
Section 3: The City Planning Commission of Tigard, Oregon shall at
its first meeting elect a president and vice-president
from those of its members appointed by the Mayor and who shall hold
office during the pleasure of the Commission, and the Commission
shall elect a Secretary who shall not be a member of the Commission
and the Secretary shall keep accurate records of all Commissionpro-
ceedings, and the Commission shall on the 1st day of October each
year make and file a report of all of its transactions with the City
Council.
e At the first meeting of the Commission, the seven mem
bars appointed by the Mayor shall choose their term of office by
lot, es follows:
Page 1 - ORDINANCE NO. 63
I for a term of 1 year
2 for a term of 2 years
2 for a term of 3 years
2 for a term of 4 years
i
Immediately thereafter the members shall notify the
Mayor and Council in writing of such allotments. Each of their
!! successors shall hold office for four (4) years. Any vacancy shall
be filled by the Mayor for the unexpired portion of the term.
Five (5) members of the Commission shall constitute a
quorum. At least four (4) of the members appointed by the Mayor
shall at all times constitute a part of such quorum. The Commission
may make and alter rules and regulations for its government and pre-
scribed prof-rotconsistent with the laws ofTthe rSmmiaeRof Oregon,
the City,Charter and the City's ordinances. �...- inn shall
meet at !east once a ==n#-h.
The City Council does hereby assign to the Commission
the use of the City Hall of the City of Tigard in which to hold
the Commission's meetings, transact its business and keep its records.
The Commission may employ consulting advice on municipal
problems, a secretary, and such clerks as may be necessary and pay
for their services and for such other expenses as the Commission may
lawfully incur, including the necessary disbursements incurred by
its members in the performance of their duties as members of the
Commission, out of funds that may be authorized for such purposes
by the City Council.
Section 4; Except as otherwise provided by law, the Commission
shall be vested with all powers and duties and proced-
ures as set forth in Chapter 227 Oregon Revised Statutes, and par-
ticularly those set forth in §227.090 thereof.
Section 5: The said City Planning Commission of the City of Tigard,
duly constituted as above herein set forth, be, and the
save is hereby authorized to exercise all functions set forth in
Ordinance 63-6, known as the Zoning Code of the City of Tigard, Ore-
gon in lieu
of the City Council in all cases where the City Council
y the terms of said Ordinance No, b3-6 is authorized to act as the
planning commission, and the following sections of said Ordinance
63-6 be, and the same are hereby amended to refer to the City Plan-
ning Commission of Tigard in lieu of the City Council:
Section 104"- Definitions - Sub-(27)
711-2.,'- R-5 Other uses
807-14 - A-2
1! 809-21 ` - A-2
904-5 1 - C-4
" 908-1 - C-4
i� 1002-1 - C-3
It 1008-1 , c-3
1104-4j1 - C-2
" 1108-1 - C-2
Page 2 - ORDINANCE NO. 63 -
lr
Section 1302-1.1", Section 1705-1.1`
1302-1.1,'Group A " 1705-1.2
" 1302-1.16Group B
1302-1.lV�roup C " 1803-1"/
13C4-4.1 " 1803-2y
ri 1604-3 �f 1901-1�
1604-8V " 1902-3"
" 1902-4.1
Section 1903-14'/Yards and signs
" 1903-18 , Standards
" 1903-30,' Public utility, screening
1903-34/.Standards
1 _ Signs
"110 M 36 Si s
" 2005-1,
2008-3
Section 6: The following sections of Ordinance No. 63-6, Zoning
Code of the City of Tigard, be, and the same are hereby
amended to read as follower :
2201 Map Change (change in zone)
2201-1 May be initiated by:
a. Resolution by the City Council
b. Resolution of the City Planning Commission
c. 'Petition of the property owner or contract
purchaser.
2201-2 Procedure for amendment by Petition
2201-2.1 A petition to amend the zoning code
shall be filed with the City Planningg
Commission on forms prepared by the City Planning
Commission. It shall contain such informat{on.as
the City Planning Commission deems necessary.
2201-2.2 A fee shall accompany such application.
2201-2.3 A public hearing shall be held by the
City Planning Commission on all proposed
changes and amendments.
a. The City Planning Commission may adjourn any
hearing in order to obtain additional informa-
tion it feels is necessary to make a reason-
able decision. Persons previously notified
need not be notified of the resumption of said
hearing unlesa the City Planning Commission
so decides.
b. A recommendation to approve a change or amend-
ment must be by majority vote of all voting
members of the City Planning Commission.
c. A recommendation to deny a change or &mend-
ment, or the failure to obtain a majority
vote to approve' a change or amendment, result
ins in a -1^nial of the change or amendment,
gage 3 - ORDINANCE N0. 63-
may be appealed to the City Council b the
applicant Such appeal must be in writing to
the City Council within ten (10) days of the
date of denial. purpose 2201-2.4 Notice of
the Commission hearingshall besgiventhe in the
following manner:
a. Mailing a written notice not less than ten (10)
days prior to the date of such hearing to the
owners of all property prpposed for zoning re-
classification and other owners of property
within at least one hundred fifty (150) feet of
the boundary of the area proposed for reclassif-
ication. Names for the purpose of such notifi-
cation shnali be obtained from the County Asses-
sor's records. Failure to send notice oy mall
to any such property owner where the address
of such owner is not a matter of public record,
shall not invalidate any proceedings in connec-
tion with a proposed amendment.
b. Posting public notices in three (3) conspicuous
places in prior
r o the date of aepublicf
hearing.
teen
(15) days
2201-2.5 A public hearing shall be held by the city Council
on all recommendations to approve a change or amend-
ment or on all appeals from recommendations of denial
by the City Planning Commission.
2202 Text Change
2202-1 May be initiated by:
a. Resolution by the City Council
b. Resolution by the City Planning Commission
c. Petition of property owners
2202-2 procedure for amendment of text
2202-2.1 The City Planning Commission may from time to time,
4 either on its own initiative or upon petition of
property owners, amend, supplement or change these
regulations.
2202-2.2 A public hearing shall be held by the City Planning
Commission on all proposed changes and amendments.
a. The City Planning Commission may adjourn any hear-
ing in order to obtain. additional information it
feels is necessary to make a reasonable decision.
Persons previously notified need not be notified
of the resumption of such hearing unless the City
Planning Commission iso orders.
b. A recommendation to approve a change or amendment
must be by majority vote of all the voting members
of th- City Planning Commission.
c. A recommendation to deny a change or amendment,
or the failure to obtain a majority vote to approve
a change or amendment, resulting in a denial of
the change or amendment, may be appealed to the
City Council. such appeal must be in writing to
Page 4 —ORDINANCE NO. 63- S
the City Council within ten (10) days of the
date of denial.
2202-2.3 Notice of the time, place and purpose of the City
Planning Commission hearing shall be given in
the following manner:
a. By publication of a notice in one newspaper of
general circulation in the City of Tigard not
less than ten (10) days prior to the date of
hearing.
b. Posting public notices in three (3) conspicuous
places in the area affected at least fifteen
(15) days prior to the date of a public hearing.
blit hearing eh4» be held by the City Council
on all recommendations to approve a change or
amendment or on all appaals from recommendations
of denial by the City Planning Commission.
a. The City may ado�t or reject the amendment,
or any port-on thereof; as set forth in the
petition.
2202-2.5 Notice of the time, place and purpose of the hear-
ing shall be given at the City Council(he=110 -,It '
ll
at which such amendment is considered, and in such
other manner deemed appropriate.
Section 7: Inasmuch as it is necessary for the public health,
peace and safety of the City of Tigard, that a City
Planning Commission be created and undertake its functions with the
least possible delay, and not later than July 1, 1963, an emergency
is hereby declared to exist, and this Ordinance shall be in full
force and effect on and after July 1, 1963 after passage by the City
Council and signature by the Mayor,
PASSED: By unanimous vote of all Council members present,
after be�ng read first in full and then by title,
this 1 _day of June, 1963.
Recorder ' t)w ot w1gard"`--
APPROVED: By the Mayor, this /�,of u—jW
V �
yor - C-ft—yof Tigard
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