Loading...
Ordinance No. 69-50 CITY OF TIGARD, OREGON ORDINANCE No.69-;jc AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE N0.67-21 "CITY OF TIGARD ZONING ORDINANCE OF 1967" AS HERETOFORE AMENDED, FOR THE PURPOSE OF RESERVING TO THE CITY COUNCIL FINAL APPROVAL OR DISAPPROVAL O DECISIONS OFTHE LCONDITIONAL CITYPLANNIPG COMMISSION, APPEALSIONS AND PRESCRIBING PROCEDURES, AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: ofa1967diasnce heretoforel "City of amended, be, ard and theisameOrdinance hereby further amended as follows: (a) Section 230-1 is amended to read as follows: SECTION 230-1 AUTHORIZATION TO GRANT OR DENY CONDITIONAL USES Following the procedures set forth in Section 250-1, and in Section 250-4 as amended, uses designated in this ordinance as "conditional uses permitted" may be permitted or enlarged or altered upon authorization of the City Council after hearing by the Planning Commission and by the City Council as provided in Chapter 250 as amended of Ordinance No.67-21. In recommending approval of a conditional use, the Plan- ning Commission may recommend, in addition to the regulations and standards expressly specified in this ordinance, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the city as a whole. The conditions may include requirements increasing the required lot size or yard dimensions, controlling the location and number of vehicular access points to the property, increasing street width, increasing the number of off- street parking or loading spaces required, limiting the number of signs, limiting the coverage of height of buildings because of obstruction to viers or reduction of light or air to adjacent property, requir- ing sight-obscuring fencing and landscaping where nec- essary to reduce noise or glare or malntain the prop- erty in a character in keeping with the surrounding area, and requirements under which any future enlarge- ment or alteration of the use shall be reviewed by the Planning Commission and new conditions imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses classified as condi- tional existing prior to the effective date of this ordinance, shall conform to the regulations pertainina to conditional uses. If the site is found inappropriate for the use requested, the Planning Commission may deny approval of the conditional use_ (b) Section 254-4 is amended to read as follows: SECTION 250-4 APPEAL FROM DECISION OF PLANNING COMMISSION Page 1 ORDINANCE No.69- ''v Any person aggrieved by a determination of the Plan- ning Commission may appeal such determination to the City Council as provided in Section 270-2. In the absence of any appeal, a decision of the Planning Com- mission denying the application for conditional use shall become final as provided in Section 270-2. A favorable determination of the Planning Commission with respect to a conditional use shall constitute a recommendation for hearing and consideration by the City Council in the manner prescribed in Section 250-5 of this ordinance. ` (c) Chapter 250 of Ordinance No. 67-21 be, and the same is hereby amended and supplemented to add thereto a new sec- tion denoted SECTION 250-5 reading as follows: - SECTION 250-5 CITY COUNCIL HEARING ON CONDITIONAL USE APPLICATIONS AND APPEALS tl. Following the prescribed hearing before the P lan- niag Commission, a written report containing the findings and recommendations of the Planning Com- mission shall be forwarded to the City Council by the City Recorder or Clerk. ` ) ( b. Upon receipt of the Planning Commission's recommenda- tion for approval or an appeal, the City Council shall set the time and place for a public hearing before the proposed conditional use. c. Notice fo:: the Council hearing shall be given in the manner prescribed in ORS 227.260. d. The City Council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed condi- p tional use. Upon recessing for this purpose, I council shall announce the time and date when the s hearing will be resumed. (d) Chapter 250 of Ordinance No. 67-21 be, and the same is 4 hereby amended and supplemented to add thereto a new sec- tion denoted SECTION 250-6 reading as follows: SECTION 250-6 NOTIFICATION OF ACTION i The City Recorder shall notify the applicant in writing of the City's action within five (5) days after the decision has been rendered. Section 2: Inasmuch as Ordinance No. 67-21 as heretofore in effect i does not provide for consideration of conditional use E applications and appeals by the City Council, and it is necessary for ; the peace, health and sAfety of the people of the City of Tigard that final consideration of conditional uses be given by the City Council ' y and such procedures should be invoked with the least possible delay, an emergency is hereby declared to exist and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. j, F Gage 2 ORDINANCE No. 69-y0_ € i teofall Council members By the Council, by unanimous VOtimesPASSED: present after being read three time1969number and title . this •/� e only, __�_. day oP Rer - City of rgara day of 1969' APPROVED: By the Mayor, this ..L 4ayor - City o gar i Page 3 - ORDINANCE Na.69- ?.