Ordinance No. 77-50 CITY OF TIGARD, OREGON
ORDINANCE NO. 77- Sc3
AN ORDINANCE AMENDING SECTIONS 18.92.020, 18.58.020, AND 17.12.030(D)
OF THE TIGARD MUNICIPAL CODE TO EXTEND THE APPEALS PERIOD FROM TEN
AND 15 DAYS TO 20 DAYS FOR CITY COUNCIL, PLANNING COMMISSION, AND DE-
SIGN REVIEW BOARD REVIEW OF ADMINISTRATIVE DECISIONS REGARDING SUB-
DIVISIONS, MINOR LAND PARTITIONS, DESIGN REVIEW, AND DECLARING AN
EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that pursuant to Chapter 227 ORS and Ordinance
No. 68-48 (City of Tigard Subdivision Ordinance of 1968)
and Ordinance 75-52, the hereinafter stated amendment to said ordi-
nance, pursuant to prescribed procedures, were submitted to public
hearing held by the Tigard Planning Commission on May 17, 1977 and
to the City Council thereafter recommended that said subdivision and
zoning ordinances be amended as hereinafter set forth.
SECTION 2: 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 assure
adequate time for City Council review of decisions by the Design Re-
view Board, Planning Commission, and Planning Director.
SECTION 3(A)That, 'therefore, Chapter 18.92_020 of the Tigard Munici-
pal Code be amended to read as follows:
a. "An action or ruling of the Planning Commission authorized
by this title may be appealed to the City Council within 20
days after the Commission has rendered its decision by fil-
ing written notice with the City Recorder. Notice of ap-
peal shall state the name or names of the petitioner, date,
and action of the Commission being challenged and the rea-
sons for such an appeal. A fee may be established by the
City Council to defray the cost of preparing a verbatim
transcription of the Commission hearing. If no appeal. is
taken within the 20 day period, the decision of the Commis-
Sion shall be final. If an appeal is filed, the Council
z shall receive a report and recommendation from the Planning
Commission and a verbatim transcript of the hearing before
the Commission and shall hold a hearing on-the record es
g tablished before the Planning Commission. Notice of the
public hearing shall be by one publication; in a newspaper
of general circulation in the city not less than five days
.
and not more than ten days prior to the. date of the hearing.
b. The City Council shall have the power tcw call up any action
5` or ruling of the Planning Commi"ssion for hearing and review
by the City Council . In any instance in which the Council
ORDINANCE No 77-50
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exercises its power to call up a legislative matter, the
Council shall decide at the time it sets the matter for pub-
lic hearing whether new testimony shall be received or the
matter heard on the record as in appeals pursuant to Para-
graph a, above. If new testimony is to be allowed, the no-
tice of public hearing shall be written so as to inform the
public of that fact ."
(B)That, therefore, Chapter 18.58.020(_C) of the Tigard Mu-
nicipal Code be amended to read as follows :
C. "Appeal: Action of the Planning Director or his agent
may be appealed to the Design Review Board by the appli-
cant or adjacent property owner provided:
a. The appellant deliver to the Planning Director a
written notice of appeal, stating his reasons for
appeal based upon the criteria of Chapter 18.58.
b. Said written notice of appeal is received by the
Planning Director within 20 days of the applicant 's
receipt of notice of action by the Planning Direc-
tor or his agent ."
(C)That, therefore,_ Chapter 17.12.030 of the Tigard Munici-
pal Code be amended to read as follows:
A. The Planning Director shall have all the power and
duties with respect to preliminary and final plats
of subdivision and maps of major and minor parti-
tions, in accordance with the procedures related
thereto, which are authorized by Oregon Revised
Statutes and by this title, and the City Council re-
serves unto itself the .right to exercise equal
powers and duties in any given case, at its option.
B. Approval by the Planning Director of subdivisions
and major and minor partitions of land inside the
boundaries of the city is required in accordance
with this title before a plat for any such subdivi-
sion or a map with respect to a major or minor par-
tition may be filed or recorded in the County re-
cording office, and the City Council reserves unto
itself the right to exercise equal powers and duties
in any given case, at its option.
C. Any person aggrieved by a decision of the Planning
Director in approving or disapproving any subdivi-
sion, major or minor partition proposal may appeal
such decision to the Planning Commission by notice
served upon and filed with the City Recorder within
20 days after the date of such action of the Plan-
ning Director from which the appeal is to be taken.
ORDINANCE No. 77-50
D. Any person aggrieved by a decision of the Planning
Commission in approving or disapproving any subdi-
vision, major or minor partition proposal may ap-
peal such decision to the City Recorder within 20
days after the date of such action of the Planning
Commission from which the appeal is to be taken .
SECTION 4: Inasmuch as it is necessary for the peace, health, and
safety of the people of the City of Tigard that the fore-
going change become a permanent part of the City's record~, an etner-
gency is hereby declared to exist , and this ordinance shall be ef-
fective upon its passage by Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after be-
ing read three times by number and title only this
day of ZJcc n P 1977.
Recorder - City of Ti rd
APPROVED: By the Mayor this --_1day of �." 1977.
Mayor - City of Tigard I ---
t,
ORDINANCE No. 77-50