Ordinance No. 73-30 AW AP
CITY OF TIGARD, OREGON
ORDINANCE Ho.73- 3L,
AN ORDINANCE REPEALING Sections 2,08,016, 2.08.020, 2.08.030,
2.08,040, 2.08.050 and 2.08,060 of CHAPTER, 2.08'- PLANNING COI?MISSION
OF THE TIGARD MUNICIPAL CODE AND ENACTING PROVISIONS IN REPLACEMENT
THEREOF TOGETHER WITH NEW PROVISIONS ?vITII RESPECT TO TILE CITY PLANNLNG
COIMISSION AND PROCEDURES APPLICABLE TO ITS FUNCTIONS; PROVIDING FOR
THE APPOINTIiENT, AND PRESCRIBING THE DUTIES, OF A PLANNING AND ZO,III'IG
HEARING OFFICER: ADOPTING PROCEDURES FOR THE CONDUCT OF HEARINGS WITH
RESPECT TO LAND'USE PERMITS; PRESCRT_BING EFFECTIVE DATE A11D DECLARING
AN EMERGENCY. _
THE CITY OF TIGARD ORDAIP13 AS FOLLOWS:
Section 1: That Sections 2.08.010, 2.08.020, 2.08,030, 2.08.0110,
2.08.050' and 2.08.050 of Chapter 2.08 of the Tigard
Municipal Code, be, and the same are, hereby repealed,
Section 2: That Chapter 2.08, entitled "Planning Commission", of the
`- Tigard Municipal Code, be, and the same is, hereby
revised, restated, supplemented and enacted to read as follows:
112.08.011 Appointment -- Membership. The city planning
commission shall cons st of nine members to be appointed by
the council, to serve a term of four years. Commission mem-
bers shall receive no compensation but ohall be reimbursed
for duly authorized expenses.
"A member may be removed by the city council,after hear-
ing, for misconduct or non-performance of duty. Any vacancy
shall be filled by the city council for the unexpired term
of the predecessor in office.
"Not more than two members of the commission may be
city officers who shall serve as ex officio non-voting
members.
"No more than two voting members shall be engaged
principally in the buying, selling or developing of real
estate for profit as individuals, or be members of any part-
nership, or officers or employees of any corporation, that
is engaged principally in the buying, selling or develop-
ing of real estate for profit. No more than two voting
members shall be engaged in the same kind of business,
trade or profession.
!12.o8.021 Election of Officers. The planning com-
mission, at Its first meet ng n each odd-numbered cal-
endar year, shall elect a president and a vice-president,
who shall hold office during the pleasure of the commission;
and the commission shall elect a secretary, who need not be
a member of the commission, and the secretary shall keep
accurate records of all commission proceedings. The commis-
sion shall, as of the first day of October of each year,
make and file,a report of its transactions with the city
council."- The president andvice-president shall be voting
members of the commission."
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"2.08.031 Meetings -- Quorum -- Voting. The commission shall tai
meet a -]r7-a— once n eac� ca en ar mont majority of the
members of the commission shall constitute a quorum. A majority
vote of those voting members, not less than a quorum, present at
1 an open meeting of the commission shall be necessary to legally act
t on any matter before the commission. P'
"A member of the planning commission shall not participate in
any commission proceeding or action in which any of the following
3 -°-has a direct or substantial financial interest: The member or his
f. spouse, brother, ,sister, child, parent, father-in-law, mother-in-
law, any business in which he is then serving or'has served within
the previous two years, or any business with which he is negotiat-
g
ti in for or has an arrangement or understanding concerning prospective r
partnership or employment. Any actual or potential interest shall
be disclosed at the meeting of the commission where the action is :
} being taken. f`
"A member of the planning commission shall•disclose to the
ti commission, prior to any hearing on a petition for a permit, or
with respect to any contested case any pre-hearing or ex parte con-
taints: with the applicant, officers, agents, and employees, or any
of the parties to a contested case concerning the permit sought or ;
the question at issue. A member of the commission shall disqualify `a
himself or be disqualified by the remaining members of the commis-
sion present at a hearing when it appears that the impartiality or
z objectivity of any member has been compromised by pre-hearing or
ex parte contact.
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112.08.041 Powers and Duties. Except as otherwise provided by
law, an su ec o t e pv a pn`s of the city's ordinances, the
planning commission shall be vested with all powers, duties and pro
-
aedures as set forth in Chapter 227 Oregon Revised Statutes as now
in effect or hereafter amended, and particularly those set forth in
5221.090 ORS, bxolusive of those reserved to the Hearings Officer,
if any, and to the City Council.
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"The commission may make and alter rules and regulations for
its government andprocedure consistent with the Laws of the State x
' of Oregon, the CityCharter, this, and other ordinances of the city.
+ "The, city council shall assign to the c=mission such facilities
as necessary to enable the commission to hold its meetings, transact
its business and keep its records. ;
"2.08.051 Definitions. As used in this chapter unless the
context otherwise requires:
(1) "Contested case" means a proceeding in which the legal 'Qhts,
duties or privileges of specific parties under general rules or pol-
icies provided under ORS 227,230, or any ordinance, rule or regula-
tion adopted pursuant thereto, are required to be determined only
after a hearing at which specific parties are entitled to appear and r
be heard,n n authorized or r� ;
i (2) Hearing meads a_quasi-judicial hearing, '
quired by the ordinances and regulations of a city adopted pursuant
of ORS 227.230 a
(a) To determine in accordance .with such ordinances and regula
tions if a permit shall be granted or denied; or
(b) Todeterminea-contested case.
-(3) "Hearings officer" means a planning and zoning hearings of
fieer appointed or designated by a city council under section 7 of
this 1973 Act.
(4) "Permit" means authority or approval of a proposed use of
F land for which approval is a matter of discretion and is required
pursuant to ORS 227,230, or any ordinance, rule or regulation adopt-
ed pursuant thereto, and the term includes, but is not limited to,
conditional use, special exceptions, variance, special design zone a
and other similar permits.
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"2.08,061 hearings Officer. The council may appoint or desig-•
nate one or more qa].iled persons as planning and zoning hearings
officer(s), to serve at the pleasure of the city council, The hear-
ings officer(s) shall have the power to conduct hearings on applica-
tions for permits or of contested cases under rules and regulations
adopted by the council pursuant to ORS 227,230„ when directed by the
Council or upon request of the planning commission
2.08.071, Hearing Procedures, Procedures for the conduct of
hearings as prescribed by Miction 84.050 of Tigard Municipal Cade
(Ordinance No. 73-15) shall apply with respect to the conduct of hear-
ings by the Hearings Officer,
Section 3: Inasmuch as Chapter 739, Oregon Laws of 1973, became ef-
fective on October 5, 1973, and it is necessary for the
peace, health and safety of the people of the City of Tigard that
-i Chapter 2,06 of the-Tigard lNu,iicipal Code be brought into conformity
therewith with the least possible delay, an emergency is hereby de-
clared to exist, and this ordinance shall become effective upon its
passage by the Council and approval of the Mayor.
PASSED: By unanimous vote of all Council Members present, after
being read three times by number and title only,
this 8th day of October, 1973
ecor er City or Ti
rd
i
APPROVED: By the Mayor, this 8th day of October, 1973.
�A �` /
mayor C ty 'iga`rd"`-
f
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