Ordinance No. 76-45 f, CITY OF TIGARD, OREGON
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ORDINANCE NO. 76- _ #
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 18.76,
VARIANCES, BY ADDING A NEW SECTION DESIGNATED 18,76.040, ESTABLISH
AN EXPIRATION DATE FOR A VARIANCE APPROVED AND NOT EXERCISED.
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Finding that pursuant to Chapter227 of the Oregon Revised
Statutes and Ordinance No. 70-32 (City of Tigard Zoning
Ordinance of 1970) , the hereinafter stated amendment to said ordinance,
pursuant to prescribed procedures, was submitted to public hearing
held by the Tigard Planning Commission on September 21 , 1976 and g
October 5, 1976, and to the City Council thereafter recommended that
said zoning ordinance be amended as hereinafter set forth.
Section 2: The City Council further finds that , after due and legal
notice, a public hearing was held by the City Council
October 25, 1976, whereat all interested persons were afforded an
opportunity to be heard and present and rebut evidence with respect
to said amendment.
Section 3: The City Council further finds that the purpose for this
amendment is to protect the public health, safety and
general welfare and, furthermore said amendment serves to implement
the City's objectives and policies concerning the granting of variances.
Section 4: That therefore, Chapter 18.76, variances, be amended by
the addition of Subsection .040, to read as follows:
18. 76.040 Expiration when unexercised. When the Planning
Commission (or, in the case of an appeal the City Council)
approves a variance the rights thereby given to the
applicant shall continue to exist and to belong to the
applicant or any other owner of the land for a period of
one year from the date of final approval. If at the
expiration of one year from the date of, approval construction
of the structure or initiation of the use giving rise to
the need for the variance has not begun, the rights given
by the variance approval shall terminate without further
F action by the City, the Planning Commission, or the City
Council . Such rights shall also terminate at or after
the expiration of one year from approval if, though
commenced within one'
year, construction ceases and is not
resumed within 60 days.
PASSED: By unanimous vote of all Council members present, after being
read three times by number and title only this day of
. as� r
1976.
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Recorder City of.-Tigard
Ordinance No. 76- ,
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APPROVED: By the 'payor this _day of �,uf�Pc 1976.
Mayor - City of Tigard
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l ordinance No. 76- #6-