Ordinance No. 80-85 CITY OF TIGARD, OREGON
ORDINANCE NO. 80- �S
AN ORDINANCE AMENDING SECTION 18.92.020 OF THE TIGARD MUNICIPAL CODE
BY REQUIRING USE OF CITY FORMS FOR GIVING NOTICE OF APPEAL IN LAND
USE MATTERS.
The City of Tigard ordains as follows:
Appeals of land use matters, when presented to the City
Council during the past few years, have often resulted in misunder-
standing and frustration on the parts of both the members of the City
Council and the parties involved in the appeals. The Council has
become particularly conscious of how difficult it is to maintain a
clear, firm distinction between "argument, " which the Council intends
to be hearing, and "testimony, " which the code prohibits on review,
and which the Council does not intend to hear. In order to assist
the parties involved in land use matters, and in order to assist the
Council and the City Staff, the City Council has decided to amend
Section 18.92.020 by requiring that notices of appeal be filed on
forms to be provided by the City, with the intention that these forms
require that the appealing party set out in a detailed way the nature
of the appeal to be argued before the Council.
NOW, THEREFORE, Section 18.92.020 of the Tigard Municipal
Code is amended to read as follows (New material underlined) :
18.92.020 Appeal to the City Council.
(a) An action or ruling of the Planning
Commission authorized by this title may be
appealed to the City Council within 20 days
after the Commission has rendered its deci-
sion by filing written notice with the City
Recorder. Notice of a22ea1 shall beig ven
on formsprow a b% the City. A fee may be
established by the City Council to defray
the cost of preparing a verbatim transcrip-
tion of the Commission hearing. If no appeal
is taken within the twenty-day period, the
decision of the. Commission shall be final. If
an appeal is filed, the Council shall receive a
report and recommendation from the Planning
Commission and a verbatim transcript of the
hearing before the Commission and shall hear
arguments of the appellant and other interested
parties concerning the record established before
the Planning ���and the decisionof the
iant cat e of the time set
for azgumentGy one publication in
a newspaper of general circulation in the City
not less than five days and not more than ten
days prior to the date. set.
OR TNANCE No.
80-85
(b) The City Council shall have the power to
call up any action or ruling of the Planning
Commission for review by the City Council. In
any instance in which the Council exercises
its power to call up a legislative matter,
the Council shall decide at the time it sets
the matter for consideration whether new
testimony shall be received or the matter
heard on the record as in appeals pursuant to
subsection (a) of this section. If new testi-
mony is to be allowed, the notice of public
hearing shall be written so as to inform the
public of that fact.
PASSED: By ��Y�tz_ ,'oYvious vote of all Council members present,
after being read `tGfo - times by number and title only
this
_ 3Th day of October, 1980.
r. City Recorder cz�n
xy.
SIGNED: By the Mayor this day of October, 1380.
i
Mayor, it of Tigard
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