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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 Page 5"- ORDINANCE NO. 63- Y.