Ordinance No. 93-19 CITY OF TIGARD, OREGON
(- ORDINANCE NO. 93-
l AN ORDINANCE TO AMEND CHAPTERS 18.30, 18.32, AND 18.142 OF THS COMMUNITY
DEVELOPMENT CODE; COMPREHENSIVE PLAN POLICY 2.1.2 AND THE
IMPLEMENTATION STRATEGIES FOLLOWING POLICY 2.1.3 AND 11.5.1, AND
SUPERSEDING RESOLUTION 82-13 AND 82-14.
WHEREAS, the Tigard City Council set as a priority broadening citizen
involvement; and
WHEREAS, The City of Tigard reviewed the Board and Committee structure
for citizen involvement; and
WHEREAS, The Tigard City Council has determined that citizen involvement
will be better served with modifications to the Board and Committee
structure; and
WHEREAS, the Neighborhood Planning Organizations (NPOs) will be
succeeded by Citizen Involvement Teams (CITs); and
WHEREAS, references to the NPOs in the Community Development Code and
Comprehensive Plan are no longer applicable; and
WHEREAS, the City of Tigard Planning Commission reviewed the staff
recommendations at a public hearing on July 12,1993 and voted to
recommend approval of the amendment to the City Council; and
WHEREAS, the amendments are in compliance with the State Planning Goals
I and City Comprehensive Plan; and
WHEREAS, the City Council held a public hearing on July 27, 1993 to
consider the amendment.
THE CITY OF TIGARD ORDAINS AS FOLIAWS:
SECTION 1: The Community Development Code shall be amended as shown
in Exhibit "A". Language to be added is underlined.
Language to be deleted is shown in [brackets] .
SECTION 2: Volume II of the Comprehensive Plan shall be amended as
shown in Exhibit "B". Language to be added is
underlined. Language to be deleted is shown in brackets.
This ordinance shall be effective 30 days after its passage by the
Council, approval by the Mayor, and posting by the City Recorder.
ORDINANCE No. 93-_Z_�J_
Page JI►
PASSED: By UACIA)rf)Das vote of all Council members
present after bein re d by number and title only, this
—?-91*= day of , 1993.
Caltherine Wheatley, Citir Record"
77
APPROVED: This / day of , 1993.
a Edwards, Mayor
Approved as to form:
Cit tt ney
2 ?J14 9-3
Date
ORDINANCE No. 93-
Page Ar
2
1
Chapter 18.30
PROCEDURNS FOR DNCISION RAKINat LNOISLATI"
Sections:
18.30.010 Purpose
18.30.020 The Application Process
18.30.030 Time Periods: Submission/Hearings
18.30.040 Additional Information Required, Waiver of Requirements and Report
Required
18.30.050 Duties of the Director
18.30.060 Recommendation and Alternative Reccmmandation by the Director
18.30.070 Consolidation of Proceedings
18.30.080 Public Hearing: Notice Requirements
18.30.090 Mechanics of Giving Notice and Failure to Give Notice
18.30.100 Hearings Procedure
18.30.110 Continuation of the Public Hearing
18.30.120 The Standards for the Decision
18.30.130 Approval Process and Authority
18.30.140 Vote Required for a Legislative Change
18.30.150 The Final Decision
18.30.160 The Record of the Public Hearing
18.30.170 Reapplication
18.30.010 Purpose
A. The purpose of this chapter is to establish procedures applicable to the
community development code for consideration of legislative changes to the
provisions of the comprehensive plan, implementing ordinances and maps.
(Ord. 89-061 Ord. 83-52)
18.30.020 The Application Process
A. A request for a legislative change may be initiated by:
1. Order of the Council]
2. Resolution of a majority of the Commission;
3. The Director;
4. h ne4gMelpheed--Flaming-esgaftleahien On
board or GemakeeLent OL—
Any persons or the person's agent authorized in writing to make the
application.
S. The applicant shall be required to meet with the Director for a
preapplicat£on conference.
Revised 02/27/89 Page 35
IBIT -a-
C. An a result of the public hearing on the proposed change, the Commission
may on its own motion recommend to the Council an alternative
recommendation, however, in addition, the commission must take action on
the specific application before it. (Ord. 89-06; Ord. 83-52 Bxhibit A
(part), 1983.)
18.30.070 wneviiaaa.a.vs, of srww..aa:.-.
A. In the event there is an application for a legislative change to the plan
text or map, and an application for a legislative change to an
implementing ordinance text or map, both of which involve either the same
geographic area or the same subject matter, the hearings may be
consolidated, however:
1. The decision on the proposed plan change shall precede the decision
on the proposed change to the implementation ordinance;
2. Separate actions shall be taken on each application; and
3. The change to the implementing ordinance shall implement the change
to the plan. (Ord. 89-06; Ord. 83-52 Bxhibit A (part), 1983.)
18.30.080 Public 8earinas Notice Reauirements
A. The Commission shall hold at least one public hearing on each application
request.
B. The Council shall hold at least one public hearing on each application
request.
C. notice of the public hearings on the proposed change and alternatives, if
any, shall be given by the Director in the following manner:
1. At least 10 days prior to the scheduled hearing date, notice shall
be sent to:
a. The applicant;
b. Any affected governmental agencyt
C. "s Offeeted *ago load eel a herheed I]Basin I Geis"I Not 1611
d. Any person who requests notice in writing and pays a fee
established by Council resolution; and
2. At least 10 days prior to the scheduled public hearing date, notice
shall be given in a newspaper of general circulation in the City.
Revised 02/27/89 Page 40
C�
■
WIBIT "A" I
( ' 18.32.010 Purpose '
A. The purpose of this chapter is to establish procedures under this title
for the consideration of development applications, for the consideration
of quasi-judicial comprehensive plan amendments and for appeal or review
of decisions. (Ord. 89-06; Ord. 83-52)
18.32 020 The Apolication Process
A. Applications for approval rdV ueu Ys-ldor . a- .. - b„ initiated bv:
s.�..-
1. Order of Council;
2. Resolution of a majority of the Commission;
3. The Director;
Application of a recorded owner of property or contract purchasers.
B. Any persons authorized by this title to submit an application for approval
may be represented by an agent authorized in writing to make the
application. (Ord. 90-41; Ord. 89-06; Ord. 83-52)
18 32 030 Time Period for Decision Makin
A. The City shall take final action on an application for a permit or a zone
change, including the resolution of all appeals within 120 days after the
application is deemed complete, excepts
1. The 120-day period may be extended for a reasonable period of time
at the request of the applicant;
2. The 120-day period applies only to a decision wholly within the
authority and control of the City; and
3. The 120-day period does not apply to an amendment to an acknowledged
comprehensive plan or land use regulation. (Ord. 89-06; Ord. 83-52)
18.32.040 Preapplication Conference Recuired
A. The applicant shall be required to meet with the Director for a
preapplication conference.
B. At such conference, the Director shall:
Revised 1/17/91 Page 47
C �SISIT •A•
b. All surrounding property owners of record of property within
250 feet of the property for the following types of
Directorfe decisions$
(i) Minor Land Partitions]
(ii) Site Development Reviews; and
(iii) Sensitive Lando (steep slope, drainageway);
(i) -j'r IT Home Occupations (Chapter 18.142.060.B.3)
C. All owners of record of property immediately abutting a site
subject to the following types of directors decisions:
(i) Temporary Uses=
(ii) Flexible Setback Variances]
(iii) Lot Line Adjustments, and
(iv) Administrative Variances.
d. The applicant for a Director s Interpretation or a Director s
Decision regarding an extension of approval;
e. ]Omni GrIffinion6ion if
f. Any governmental agency which is entitled to notice under an
intergovernmental agreement entered into with the city which
includes provision for such notice; and
g. Any person who requests, in writing, and pays the required
fee established by the Council.
2. Within 10 days of signing the decision, the Director shall post a
copy of each notice of decision at City Hall; and
3. Notice shall be published in a local newspaper of general
circulation for site design review, major land partitions, and minor
land partitions a minimum of 10 days prior to the date the decision
becomes final. Newspaper notice is not required for other decisions
by the Director.
B. The Director shall cause an affidavit of mailing, posting and publication
of notice where newspaper publication was required in Subsection A.1 of
this section to be filed and made a part of the administrative record.
C. Notice of a decision by the Director shall contain:
1. The nature of the application in sufficient detail to apprise
persons entitled to notice of the applicants proposal and of the
decision;
Revised 10/28/91 Page 57
EXHIBIT "A"
(vii) Comprehensive Plan Amendments;
(viii) Sone Changes;
(ix) Zone Ordinance Amendments;
C. Any affected governmental agency which has entered into an
intergovernmental agreement with the City which includes
provision for such notice;
d.
Is. Any person who requests, in writing, and pays a fee
established by the wuracil; ::d
f. The appellant and all parties to an appeal or petition for
reviews and
2. Notice of a hearing on a proposed zone change for a mobile home park
shall be given to tenants of that mobile home park at least 20 days
but no more than 40 days prior to the hearing; and
3. The Director shall cause an affidavit of mailing of notice to be
filed and made a part of the administrative record.
B. At least 10 days prior to the hearing, notice shall be given in a
newspaper of general circulation in the City. An affidavit of publication
shall be made part of the administrative record. (Ord. 90-41; Ord. 90-24;
Ord. 89-06; Ord. 83-52)
18.32.140 Contents of the Notice for Public Hearings
A. Notice given to persons entitled to mailed or published notice pursuant to
section 18.32.130 shall include the following information:
1. The number and title of the file containing the application and the
address and phone number of the Director's office where additional
information can be obtained;
2. A description of the subject property, reasonably calculated to give
notice as to its actual location which shall include, but not be
limited to, the metes and bounds description or the tax map
designations of the County assessor's office;
3. Except for notice published in the newspaper, a map showing the
location of the property;
4. The nature of the application in sufficient detail to apprise
persons entitled to notice of the application's proposal; and
5. The time, place and date of the public hearing, a statement that
both public oral and written testimony is invited, and a statement
that the hearing will be held under this chapter and any rules of
procedure adopted by the Council and available at City Hall.
B. When the proceeding is an initial evidentiary hearing before the Hearings
Officer, the Planning Commission, or the City Council the following
information shall be included in the mailed notice, in addition to the
�- Revised 1/17/91 Page 59
EXHIBIT "An
information required pursuant to Subsection A, above:
�d
Revised 1/17/91
Page 59
BXRIBIT "A'
3. Formally adopted by the Council, and signed by the Mayor and filed
with the Director and the City Recorder within 10 calendar days of
the formal adoption of the decision.
8. The final decision shall be filed in the records of the Director within 10
calendar days after the decision is signed, and notice thereof shall be
mailed to the applicant and all parties to the action, and shall be
available to members of the Council.
C. Notice of a final decision shall contains
1. A statement that all required notices under Section 18.32.130 have
been met/
2. A statement of where the adopted findings of fact, decision and
statement of conditions can be obtained;
IIs djahte tL- f1I-a Jr'Qa_f__
3. T--- ...�.. +..,,oma ..ws.ivxe war silex; and
4. A statement of whether a party to the proceeding may seek review of
the decision, as appropriate, to wits
A. Zn the case of a final decision by the Council, the statement
shall explain that this decision is final and how review may
be heard by a higher authority; or
b. 2n the case of a final decision by the Hearings Officer or
Commission, the statement shall explain briefly how a review
can be taken to the Council pursuant to Subsection
18.32.310.8, the deadlines, and where information can be
obtained. (Ord. 90-411 Ord. 89-06; Ord. 84-69; Ord. 83-52)
18.32.270 Notice of Final Decision
A. Notice of the final decision shall be mailed to the applicant and to all
the parties to the decision, and shall be made available to the members of
the Council. (Ord. 89-06; Ord. 83-52)
18.32.275 amended Decision Process
A. The Director may issue an amended decision after the notice of final
decision has been issued and prior to the end of the 10-day appeal period.
B. A request for an amended decision shall be in writing, accompanied with
the appropriate fee and filed with the Director not more than eight days
after the notice of final decision has been filed.
C. A request for an amended decision may be filed bys
The 894ghbontheed PIAM-89 --- -Ages
%OA by the Leatsel
deele#s�}
ff Revised 1/17/91 Page 69
1.`
AUI ZT■A_
A•
If a transcript is
Council mesMer, the applicant bandany®r y, the city shall provide each
copy if Of the mi a COPY of the complete tneiranscrri�pt o� =mon
mir►utog. hearing
0• The appellant or any Party who is the first to request a transcript� responsible to satisfy all costs pt shall
transcript at a rata of actual costs up to $500
for preparation of the
days
incurred over $500. Payment sall S�0 and one-half costs for any
Y prior to the hearing.
made in full at least five
C.
Any Party other than the ppe
transcript shall be ch a llant or the first
shall to
061 Ord. 84-691 Ord• eed the actual copy costs. (Ord.90-41 request a
i Ord. 83-52) ; Ord. 89-
'�.s4.340 po*+ce of Aoneal
for Rev+eMt
A• The notice of appeal
or petition for review shall contain:
1• A reference to the application sought to be appealed or reviewed;
2• A statement as to how the
Petitioner qualifies as a party;
3• The specific grounds for the appeal or review; and
4• The date of the Pilin
the case of a defiling of the final decision on the action or, in
filed and the date notice tOf the final ahe l ore date the decision was
given. Proposed decision wag
B. The appeal or review application shall be
except as allowed under Section 18-32.345. (Ord- by the required
squired d.
06; ord. 85-451 Ord.
18.32.X45 Bee W iver fo A a-
I-ese-aaeaier�t
Revised 1/71/91
Page 73
�ntsnss •�•
end 2)
the
Wilthim War" --m-Weing "Ye as the-deftikelf who 94" sba&i be 04666-by
Council may, on its own motion and by voice vote, waive the appeal fee for
part ee, when appropriate. (Ord. 90-41; Ord. 69-06; Ord. 85-45)
?' 18.32_350 Persons Entitled to Notice on Annual or Raviewt Tim of Notice
A. Upon appeal or review, notice shall be given to parties entitled to notice
_ under Sections 18.32.130 and 18.32.290. (Ord. 89-061 Ord. 84-71; Ord.
84-611 Ord. 83-52)
;8.32.360 Contants of Notice on &Mal or Raview
A. Notice shall include those matters provided by Section 18.32.140. (Ord.
89-061 Ord. 83-52)
.' Ifi-32-37Q Action on Anneal or -view: Time Limit and Authority to Chanes
the Decision
A. The approval authority shall affirm, reverse, or modify the decision which
is the subject of the appeal; however, the decision shall be made in
accordance with the provisions of Section 18.32.250; or
B. Upon the written consent of all parties to extend the 120-day limit, the
„p approval authority may remand the matter if it is satisfied that testimony
or other evidence could not have been presented or was not available at
the time of the hearing. In deciding to remand the matter, the approval
authority shall consider and make findings end conclusions regarding:
1. The prejudice to parties;
2. The convenience or availability of evidence at the time of the
initial hearing;
3. The surprise to opposing parties;
4. The date notice was given to other parties as to an attempt to
admit; or
S. The competency, relevancy and materiality of the proposed testimony
or other evidence. (Ord. 89-06; Ord. 84-61; Ord. 83-52)
} Revised 1/17/91 Page 74
MMIBIT "A"
C ' 18 142 060 Permit Procedures for Type I and Type II Hamm Qaauoaticne
A. Type I and I1 Home Occupations: A person wishing to engage in a Type I or
Type II hams occupation must be a principal occupant of the property, pay
a one-time review fee to the City, agree to abide by the provisions of
this chapter, and acquire an annual Business Tax certificate.
B. Additional Permit Procedures for Type II Homs Occupations: A person
wishing to engage in a Type II home occupation is required to have a pre-
application conference with City staff in accordance with Section
18.32.040 and is also required to submit an application and a fee.
1. The decision to approve, approve with conditions, or deny an
application for a Type II home occupation permit shall be made by
the Community Development Director upon findings of whether or not
the proposed uses
a. Is in conformance with the standards contained in this
chapters
b. Will be subordinate to the residential use of the propertyl
C. Is undertaken in a manner that is not detrimental nor
disruptive in terms of appearance or operation to neighboring
properties and residents.
i
2. The Director's decision to deny an application or approve it with
conditions may be appealed to the Hearings Officer.
3. Upon approval of a Type II home occupation application, the
Community Development Director shall issue a preliminary notice of
approval and provide notice of the same to the
an
party owners w ee o e
�; props y
no o e proposed use. The decision shall be final
within twenty days following the day of mailing of notice unless
appealed to the Hearings Officer.
C. Appeals shall be made in accordance with Subsection 18.32.310.A at a cost
equal to sixty (60) percent of the City's standard appeal fee. (Ord. 91-
3 21 Ord. 89-061 Ord. 87-201 Ord 83-52)
18.142 070 Submission Reavirements for Type II Home Occupation Avolications
A. An application for a Type iI home occupation shall be made on forms
provided by the Community Development Director and shall be accompanied
by:
1. One copy of the applicant's statement or narrative which explains
how the proposal conforms to the approval criteria in Sections
18.142.040 and 18.142.0501
2. The required feel
3. A site plan of the property drawn to scale with a north arrow
indicated. The site plan shall show all major features of the
property including buildings, major vegetation, access for public
streets, sidewalks, etc.
Revised 10/28/91 Page 369/370
C..
f-
EXHIBIT "A"
( 4. One floor plan of all structures on the property which are to be
used for the home occupation(s);
5. One title transfer instrumentj
6. One assessor's map;
7. Property owner's signature(s) Or written authorization. (Ord.
91-32; Ord. 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52)
Revised 10/28/91 Page 369/371
F:
CC
------ —.�-----gig--��----�-
EXHIB7
l
all land use plaftnkng matters
The City shall continue to assist and support any City Council
recognized citizen group in providing adequate meting places,
distribution of materials, policy direction and staff involvement.
Additional citizen task forces shall be appointed by the City Council,
as the need arises, to advise the City with regard to Comprehensive Plan
issues.
POLICY
2.1.2 THE OPPORTUNITIES FOR CITIZEN INVOLVEMENT PROVIDED BY THE CITY
SHALL BE APPROPRIATE TO THE SCALE OF THE PLANNING EFFORT AND SHALL
INVOLVE A BROAD CROSS-SECTION OF THE COMMUNITY:
a.
MEANS ENG GUT WHB--FRGGRAN1
b. WHERE APPROPRIATE, OTHER INVOLVEMENT TECHNIQUES WILL BE USED; ;
AND
C.
C TTE FOR CITIZEN INVOLVEMENT HALL ERESPONSI PONSFOR
EVALUATING THE CITIZEN INVOLVSME ROGRAl+I AND FOR WORKING
j WITH THE NEIGHBORHOOD PLANNING ORGANIZATIONS IN RECOMMENDING
CHANGES IN THE PROGRAM.
IMPLEMENTATION STRATEGIES
1. The Committee for Citizen Involvement and tl,a
Grejankmatlensshall conduct their citizen involvement programs in
accordance with the needs of the Tigard community and LCDC Goal #1
requirements. A review and evaluation of each group's programs and
processes shall be reported to the Planning Commission and City Council
on a yearly basis.
2. The City Council, the Planning Commission, NN the Committee for Citizen
Involvement hall recommend,
as needed, additional methods for involving citizens in the planning
process.
II-10
C0.
2.1.3 THE CITY SHALL ENSURE THAT INFORNATION ON LAND USE PLANNING ISSUES
IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITISENS.
TMP .R ONMION STRATEGIES
1. The City shall continue to publish information on land use planning
issues in a form accessible to all citizens mid ObO&I—ess the eem"61bee
II-10
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