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Ordinance No. 74-01 CITY OF TIGARD, OREGON ORDINANCE No.74•-J_ AN ORDINANCE REPEALING CHAPTER 18,84 ENTITLED "HEARINGS" OF THE TIGARD MUNICIPAL CODE AND SUBSTITUTING THEREFOR CHAPTER 18.85 PRESCRIBING PROCEDURES AND REQUIREMENTS WITH RESPECT TO PROCEEDINGS FOR VARIANCES, CONDITIONAL USES, SPECIAL EXCEPTIONS, PLANNED DEVEL- OPMENT DISTRICTS, ZONE CHANGES, NON-CONFORMING USES AND OTHER SIMILAR rERY-ITS AND ALL PROCEEDINGS INVOLVING CONTESTED CASES ARIS- ING UNDER TITLES 17 and 18 OF THE TIGARD MUNICIPAL CODE, FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Chapter 18.84 - Hearings - and Sections 18.84.010, 18.84.020, 18.84.030, 18.84.040 and 18.84.050 thereof, Tigard Municipal Code, be, and the same are, hereby repealed Section 2: That Title 18 of the Tigard Municipal Code be, and the same is, hereby amended and supplemented to add thereto a new chapter numbered Chapter 18.85 entitled "Procedures and Requirements for Hearings", reading as follows: "18.$5.011_ _Applicability of Chapter 18.85. The procedures and requiremen s oY t is chapter s all apply to all hearings and proceedings for special condition or variance under Titles 17 and 18, conditional use, planned development district, a`.her special design zones, zone changes, non-conforming uses and other similar permits and to all contested cases arising under Titles 17 and 18 of the Tigard Municipal Code. 1118.85.021 Definitions. Az used in this ordinance, unless the conEext requ res otherwise: (1) "Contested case" means a proceeding in which the legal rights, duties or privileges of specific parties under general rules or policies provided under ORS 227.230, or any ordinance, rule or regulation adopted pursuant thereto, are required to be determined only after a hearing at which specific parties are entitled to appear and be heard. (2) "Hearing" means a quasi-judicial hearing, authorized or required by the ordinances and regula- tions of the city adopted pursuant to ORS 227.230: (a) To determine in accordance with such ordinances and regulations if a permit shall be granted or denied; or gib) To determine a contested case. (3) "Hearings officer" means a planning and zon- ing hearings officer appointed or designated by the city council. (4) "Permit" means authority or approval of a proposed use :of land for which approval is a matter of discretion and is required pursuant to ORS 227.230, or any ordinance, rule or regulation adopted pursuant thereto, and the term includes, but is not limited to, I conditional use, special exceptions, var ante, spec al design zone, zone changes and other similar land use proposals. 3 Page 2 - ORDINANCE No.74.-� n„ appiications and notices "18.85.031 Felin procedure. �- - shall e led w th t e lanning Director, and appeals snail be fine of the City Recorder." filed with the :f-_-- "18.85.041 Hearing on a lication. dethin 60 days after the fel ng o an app cat on for a permit as hereinabove de- fined, the ?lanningCommission or Hearing Officer shall hold provided beforegthereon renderingpursuant to a decision. hearing as hereinafter "18,35.051 Notice of hearing. Notice of any hofficer before the plann ng cottim ss on or efore the hearing shall be given not less than 10 days nor more than 20 days prior to the hearing, as follows: (l)exception, vareancPconditional otherPermit, special exception, zone changes: (a) By mail to applicant for permit, (b) By mail to parties to contest involving permit. (c) By publication in one issue of the Tigard Times not more than 10 days prior to hearing. 1 (2) Application for zone change, planned de v lop_ ment district, special design zone, the text or to the zoning map* Notice to be given in accordance with ? Chapter 18,88 Tigard Municipal Code. Failure of any person to receive a notice shall not invale- nnection with the application. date any proceeding in co '18.85.061 Hearing Officer. (A) Appointment. The City Counct may appo nt one or more qualified persons— �as planning and zoning hearing officer to serve at the pleasure of n appliy t council. The hearing officer shall conduct a hearing cations for permits or of contested cases when directed by E the City Council. (B) Duties. 1. Whenever the hearing officer is directed by the City Council to conduct a hearing on an apple- s cation for a permit V°in thisth rchapterspect to a providedeSthe hearted 3ngfter notice of hearing afindingsek: officer shall conduct a hearing and make (a) in favor of or against the application ((( 'b) recommending approval or denial of application for permit (c) determining contested case 2, The application shall not be approved unless the pro-ce f witplin posed use of land would be in commayainclude hsuch conditionsthe planplan for the city. The appor RS 227.230 and any ordinances, rules outr - the are authorized by O re authorized adopted pursuant thereto and necessary to carry latcomprehensive plan of the city. I Page 2 ORDINANCE 3. If application for permit is denied , the application shall riot be submitted again until at least six months after the date of the final action donyino the. aapV cation. 1118.85.071 Appeal_to the City Council. A party aggrieved by the action of the lann ng Comm ss on or hearing officer or any person to whom notice of the hearing was sent pursuant to Sec- tion 18.85.051, may appeal such approval or denial to the City Council of the City. The City Council may on its own motion review any action taken by the Planning Commission or by the hearing officer. Any appeal hereunder shall be subject to the provisions of Chapter 18.92 of this title. Ind.ccordance with the procedures set forth in Titles 17 and 18 of the Tigard Municipal Code, the City Council shall hold a hearing with respect to the appeal on zne application as set forth in the transcript of the hearing, the written findings of the Planning Commission or of the hearing officer, and the action proposed to be taken by the Planning Commission or the hearing officer with respect to the proposed use of the _ land. The City Council may hear the matter de novo or may deter- mine the matter on the basis of the record previously developed. The City Council may amend, rescind or affirm any action previously taken either by the Planning Commission or by the hearing officer. 18.85.081 knit of Revicc7. Any person aggrieved by the ch - action of the y Counc 1 un er Section 18,85.071 o H34.010 to ap -ter may seek a review thereof as provided by ORS 34.100. 1118.85.091 Hearing Procedures. Pursuant to Section 8 of Charter regon Laws of 19 3, the following procedures shall ap- ply toall.hearings on.requesta for permits as herein defined, including zoning, contested cases and other land use matters: "I General Procedure: 1:1. The presiding officer (chairman of the Planning Commission, Mayor or acting official of the City, or hearing officer) shall call the hearing to order at the appointed time and place and clearly state the purposes of the hearing, the issues to be heard and the proced- ures to be followed. 112. A statement of background facts should be, given by either the presiding officer or a staff officer. f13. Time limitation and witnesses. To the extent practicable and depending upon the nature of the matter being heard, the presiding officer should declare an equal time limitation applicable to each side of the issue and requiring adherence to zuch limitations. 114. Each speaker should be required to assume a witness stand or position where all persons in the assembly can hear and observe the witness and partici- pants should be required to direct all communications to the hearing body or hearing officer, and cross-statements r_ and commentaries between participants or members of the audience should be precluded. Page 3 - ORDINANCE No.74- i "5, Any exhibit intended to become part of the ` record, whether offered by a proponent, opponent or the i City, should be identified by suitable mark and numbered ,,+ncanied. and should be avai fable for in "the order a r--: of ullu parties examination or cross-examination by any during the hearing. upon conclusion of the hearing or continuance thereof, all such documents should be deliv- ered to the custody of the etary of the Plher clanni g the { Commission or to the City Recorder hearing for preservation as part of the record of the proceedings. "I2, Presentation by the licant or chief or statet i 03"- ocumen acv evidence an testimonY�u — rej ad'*nationsofueacheoral "1, Cross-examination witness or of be ted at time such documented evidence ShAlldquestionstshould beepropounded evidence is adduced. bodywho in turn to the presiding officer of the hearing t will either direct or relay the question to the witness. k 112, Argumentative questions and commentaries by cross- examiners should be strictly controlled and all questions and answers should be restricted to the relevant issues, "III, Presentation of o posing evidence oral and docu- mentary s ould e nv ed: "l. Cross-examination of each oral witness or of dccu- [[ mentary evidence should be permitted at the time �succh etO vi- dence is adduced. All questions 8,iould be prop°' A the presiding officer of the hearing body who in turn will either direct or relay the question to the witness. Argumentative questions and commentaries by cross- srictly examiners TMshould bebetrestrictedttolthe relevantguestions issues- and anc e- "IV, PresenGatiioneof staff an position vear a asesmmenda- tions, if an ma Of Ill. Cross-examination of stapermittedcatvideneothebehalf time such proponent and opponentqll questions should be propounded to evidence is adduced. body who in turn will the presiding officer of the he aiingto thy, witness. either direct or relay the question s by 112Argumentative questiCnntrolled and�all equestions s examiners should be strictly and answers should be restricted to pertinent and relevant matters. lw. Determination of Issue: "1. Deliberation by hearing body or hearing officer and/or continuance of deliberations to a later meeting. Findings may be announced at the conclusion of the at a later hearing or be thereafter prepared and submitted time. Page 4 - ORDINANCE. No.74--j— r 3. Decision of hearing body or hearing officer may be rendered orally but confirmed by ordinance, or resolu- tion as may be applicable, with copy of findings and decision thereon made available to applicant or chief pro- ponent. Copy of findings and determination available upon ' request to others. "VI. Record of Proceedings: "The City Recorder, secretary to the Planning Commission, recording clerk, or other designated person, shall be present at each hearing and shall cause the proceedings to be stenographic- ally or electronically recorded, and the notes or recorded mat- erials together with all exhibits admitted into evidence shall be preserved as part of the permanent records of the city. "The recorded testimony shall be available for trans- cription if required in connection with any appeals to the City Council or for ,judicial review as may be authorized in the cir- cumstances, "The record thus developed shall be available to the public at reasonable times and under proper circumstances and any person may obtain copies thereof or excerpts therefrom upon pay- ment of the cost of preparation of such record. 1118.85.101 Recess, The planning commission, hearing officer or City Counc may recess any hearing to a later date or re-open a hearing when necessary in its discretion, provided that upon recessing, the hearing body shall announcz the time and date when the hearing will be resumed, and in the event a hearing is pro- posed to be rc=opened; notice thereof shall be given to the appli- cant and to other parties who appeared and preseriL&d evidence in the hearing either for or against the proposal. "18.85.111 Final A roval or Disapproval. The hearing body or hearing officer, n connect on w th allowance of an application for xarmit, may attach sunh conditions as may be deemed necessary to protect the interests of the public and to attain the purposes of this title in connection with such proposal. "'The final decision of approval, conditional approval or dis- approval as determined by the hearing body or hearing officer, If not publicly announced, will be communicated in writing to the applicant, or his attorney, if any, by the secretary of the Plan- ning Commission or the City Recorder as may be applicable. "Any interested party may obtain a copy of the determination from the City upon paying the cost of preparation thereof." Section 3: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the pro- visions of the Tigard Municipal Code relating to the conduct of land use hearings be brought into conformity with statutory provisions and amendments adopted by, the 1973 Legislative Session, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the Council and approval by the Mayor. Page 5 - ORDINANCE No.74--i— 1 PASSED: By unanimous vote of all Council members present, after being read three times by number and title only this —)-7h day of �.y,�� 1974. Pro P m Recorder - City of Tigard APPROVED: By the Mayor, this 71�1 L. day of 1974. mayory of Tigard 'Y4 Page 6 - ORDINANCE No. 74- � s a k'