Any applicant or any other participant in a land use hearing may, within 15 days, appeal a decision of the planning commission to the city council. The appeal period begins from the postmark date on the mailing of the final order for the specific hearing. The appeal shall be made on forms provided by the planning department (available at office or on city webpage) and submitted to that department together with the appropriate fee. The appeal fee shall be paid by the appellant. The written request appealing the decision of the planning commission shall state specific reasons for the appeal based upon pertinent, applicable sections of this code. Upon receipt of the written request, staff shall prepare the required legal notice and council agenda report for the next available council meeting.
(Ord. 89-O-446 § 1; Ord. 09-O-645 § 2)
Notice of the public hearing shall be given as provided in Chapter 17.84 BMC. A decision concerning the appeal shall be given within 120 days of the date the original application was deemed complete unless such time limitations are extended with the consent of the applicant or as otherwise provided by Oregon Revised Statutes.
(Ord. 89-O-446 § 1; Ord. 96-O-446.BB § 8; Ord. 09-O-645 § 2)
The appeal is a de novo hearing (new hearing) and evidence or testimony not previously presented to the planning commission will be allowed. The city council shall, at the time of the public hearing, hear the applicant, if any, the appellant or their representative, a representative of the planning commission, if they chose to participate, any agency representative, and the public. If the council decides to modify or reverse the final order of the planning commission, the council may refer such matter back to the planning commission for a report and recommendation prior to the council taking final action. The final decision of the city council shall be a written final order which sets out the extent and conditions of the decision. The city council may uphold, modify or reverse the planning commission’s decision.
(Ord. 89-O-446 § 1; Ord. 09-O-645 § 2)
Within 15 days following the postmark date on the mailing of the final order of the planning commission decision, the city council may, on its own motion, initiate proceedings to review the action. The city council shall give notice of the time and place when the decision of the planning commission will be reviewed. Notice of hearing will be given in the manner prescribed in Chapter 17.84 BMC.
(Ord. 89-O-446 § 1; Ord. 96-O-446.BB § 8; Ord. 09-O-645 § 2)