Ordinance No. 92-35 CITY OF TIGARD, OREGON
ORDINANCE NO. 92-35
AN ORDINANCE REVEALING SECTION 2.08 OF THE TIGARD MUNICIPAL CODS;
RELATING TO THE PLANNING COMMISSION, ADOPTING A NEW SECTION 2.08, AND
SUPERSEDING RESOLUTYON NO. 84-62 AND NO. 87-35.
WHEREAS, the Planning Commission was established by Chapter 2.08 of the
Tigard Municipal Code, and
WHEREAS, the Transportation Advisory Committee was established by
Resolution No. 84-62 and amended by Resolution No. 87-35;
WHEREAS, the City Council wishes to combine the duties of the Planning
Commission and Transportation Committee; and
WHEREAS, it is in the best interest of the general public to have the
Planning Commission study, recommend, and make decisions on
transportation related issues, as well as land use related issues.
TETE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Chapter 2.08 of the Tigard Municipal Code relating to the
Planning Commission is hereby repealed in its entirety.
Section 2: A revised Chapter 2.08 of the Tigard Municipal Code
relating to the Planning Commission, as shown on Exhibit "A" attached,
is hereby adopted.
Section 3: Resolution No. 84-62 and No. 87-35 are hereby superseded
by the adoption of this ordinance.
This ordinance snall be effective 30 days after its passage by the
Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By u 0tr1`('Ky10LLS vote of all Council members
present after bein read by number and title only, this
1 S{h day of ern be- , 1992.
Catherine Wheatley, Cit Recorder
APPROVED: This 1�� day of ^ , 1942.
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Approved as to form:
rCahn Scht�. rt3� Cow�c� PrFs,�Ez��
Mjw, C
City Attorney
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Date
br/@rdinance.PC
ORDINANCE No. 32- 35
Page 1
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Chanter 2.08
P�,a1�nu�INGCOY IzS-8S10--ff
sop ions:
2.08.010 Purpose
2.08.020 Appointment--Membership
2.08.030 Commission Removal
2.08.040 vacancy
.08.050 voting Members
2.08.060 Election of Officers
2.08.070 Meetings--Quorum-voting
2.08.080 Conflict of Interest
2.08.090 Disclosure
2.08.100 Powers and Duties
2.08.110 Hearings Officer
2.08.120 Hearing Procedures
2 08 0 0 Purpose. The purpose of the Tigard Planning
Commission is to advise the City Council on general land use and
transportation planning issues: long range capital improvement
programs; and to act as a hearings body for applications of
permits, land use applications and land use appeals; or other
matters as directed by the City Council.
08 020 Appointment--Membership_. The city Planning
Commission shall consist of nine members, not more than two of whom
may be nonresidents of the city, to be appointed by the council, to
serve a term of fouryears. Commission members shall receive no
compensation but shall be reimbursed for duly authorized expenses.
(Ord. 76-12 §1, 1976: Ord. 73-30 §2(part) , 1973.)
2.08.030 Commission Removal. A member of such a Commission
may be removed by the appointing authority, after hearing, for
misconduct or nonrerformance of duty.
2 08 040 Vacancy. Any vacancy in such a Commission shall be
authority for the unexpired term of the
appointing auth xP
filled b the a g Y
Y PP
predecessor in the office.
2 08 050 Voti a Members. No more than two voting members of
the Commission may engage principally in the buying, selling or
developing of real estate for profit as individuals, or be members
of any partnership, or officers or employees of any corporation,
that engages principally in the buying, selling or developing of
real estate for profit. No more than two members shall be engaged
in the same kind of occupation, business, trade or profession.
2.08.060 Election of' of ficers. The Planning Commission, at
its first meeting in each odd-numbered calendar year, shall elect
a president and a vice president, who shall hold office at the
pleasure of the Commission. The president and vice president shall
She voting members of the Commission. The vice president shall
I
reside in the absence of the president. [Ord. 73-30 §2(part) ,
1973] .
2108.070- meetings--QN0rum--Voting. The Commission shall meet
at least once in each calendar month or as necessary. A majority
of the members of the Commission shall constitute a quorum. A
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majority vote of those members present at an open meeting of the
Commission shall be necessary to legally act on any matter before
the Commission.
I
o Planning. C2=igsion Hgaher, -e
.kctivities. A member of a Planning - Commission shall not
participate in any Commission proceeding or action in which any of
the following has a direct or substantial financial interest: The
member or the spouse, brother, sister, child, parent, father-in-
law, mother-in-law of the member; any business in which the member
is then serving or has served within the previous two years; or any
business for which the member is negotiating or for which the
member has an arrangement or understanding concerning prospective
partnership or employment. Any actual or'potential interest shall A
be disclosed at the meeting of the Commission where the action is
being taken.
� $ Disclose of Pre-Hearing Contact. A member of the
Planning Commission shall disclose to the Commission, prior to any
hearing on a petition for a permit or with respect to any contested
case, any pre-hearing or ex parte contacts with the applicant's
officers, agents and employees, or any of, the parties to a
contested case concerning the permit sought or the question at
issue.
A member of the commission shall disqualify himself or be
disqualified by the remaining members of the Commission present at
a hearing when it appears that the impartiality or objectivity of
any member has been compromised by pre-hearing or ex parte contact.
[Ord. 85-28 §1, 1985; Ord. 73-30 §2(part) , 1973] .
2.08.100 Powers and Duties of Commission. Except as
otherwise provided by the City Council, a City Planning Commission
may:
Make and alter rules and regulations for its government and
procedure consistent with the laws of the State of ,Oregon, the City
Chairter, this chapter and other ordinances of the City. z
The City Council shall assign to the Commission such
facilities: and services as necessary to enable the Commission to
hold its meetings, transact its business and keep its records.
(Ord. 73-30 §2(part), 1973) .
(a) Recommend and make suggestions to the City Council and to
other public authorities concerning:
(A) The long range comprehensive land use plans for the s
City, as well as any land use plans for specific areas
within the City. ,i
(B) Plans for the City-wide transportation system, y
including the layi.ng out, widening, extending and
locating of public thoroughfares; relieving traffic
congestion conditions; bicycle and pedestrian facilities;
transit facilities and routes; design standards for
transportation facilities; and parking lot regulations.
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(C) Any proposals to adopt or amend planning documents
for the City-wide transportation system, including the
Tranoportation Map of the Comprehensive Plan and the
Transportation Capital facilities program.
(D) Establishment of districts for limiting the use,
height, area, design, bulk and other characteristics of
buildings and structures related to land development,
including the creation of and amendments to the Tigard
Development Code and the Zoning flap.
(E) Betterment of housing and sanitation conditions:
(P) Protection and assurance of solar access.
(b) Recommend to the Council and other public authorities
plans for regulating the future growth, development and design
of the City in respect to its public and private buildings and
works, streets, parks, grounds and vacant lots; and plans to
secure to the city and its inhabitants sanitation, proper
service of public utilities and telecommunications utilities,
and shipping and transportation facilities; and appropriate
measures for energy conservation.
(c) Recommend to the Council and other public authorities
plans for promotion, development and regulation of industrial
and economic activities in the community.
(d) Do and perform all other acts and things necessary or
proper to carry out the provisions of ORS 227.010 to 227.120,
and 227.160 to 227.180.
M1 (e) Study and propose such measures as are advisable for
promotion of the public interest, health, morals, isafety,
comfort, convenience and welfare of the City, including the
area that is expected to eventually become a part of the City
through annexation.
2.08,110 H�ea in Officer. The Council may appoint or
designate one or more qualified persons as, planning and zoning
hearings officer(s) , to serve .at the pleasure of the City Council.
The hearings officers) shall have the power to conduct hearings on
applications for permits. (Ord. 73-30 §2(part), 1973) .
2 08 120 Hearing Procedures. Procedures for the conduct of
quasi-judicial hearings as prescribed by Section 18.32.160 of this
code shall apply with respect to the conduct of hearings by the
Planning Commission and Hearings Officer. (Ord. 74-4 §1, 1974: Ord.
73-30 §2(part), 1973).
Procedures for the conduct of legislative hearings as
prescribed by Section 18.30.100 of this Code shall apply with
respect to the conduct of legislative hearings by the Planning
Commission.
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