A decision issued under the procedures of this chapter may be appealed to the Planning Commission or City Council as follows.
(A) Who may appeal. The following people may appeal a land use decision:
(1) The applicant or owner of the subject property;
(2) Any person who was entitled to written notice of the decision; and
(3) Any other person who participated in the proceeding by submitting written comments.
(B) Appeal filing procedure.
(1) Notice of appeal. A person described in division (A) above may appeal the decision by filing a notice of appeal.
(2) Time for filing. A notice of appeal shall be filed with the City Planner or designee within 14 days of the date the notice of decision was mailed.
(3) Content of notice of appeal. The notice of appeal shall:
(a) Identify the decision being appealed, including the date of the decision;
(b) Demonstrate that the person filing the notice of appeal has standing to appeal;
(c) Explain the specific issues being raised on appeal; and
(d) Include the filing fee for each appeal.
(C) Scope of appeal. Appeal of a Type I or Type II land use decision shall be to a de novo hearing before the Planning Commission. The hearing appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review by the city staff. The Planning Commission may allow additional evidence, testimony or argument concerning any relevant standard, criteria, condition or issue.
(D) Appeal procedures. Quasi-judicial notice, hearing procedures and decision process shall also be used for all appeals under this section.
(E) Appeal to City Council. A decision of the Planning Commission regarding a land use issue or an appeal of a Type II limited land use decision is the final decision of the city unless appealed to City Council. An appeal to City Council is de novo and shall be based on the record before the Planning Commission public hearing and any new evidence or testimony entered into the record before the City Council without substantive changes to the application reviewed by the Planning Commission. The appeal shall follow the same notification and hearing procedures as for the original Planning Commission hearing. The decision of the City Council on an appeal is final and effective on the date it is sent by the city. The City Council’s decision may be appealed to the state’s Land Use Board of Appeals pursuant to ORS 197.805 to197.860.
(Prior Code, § 16.170.040) (Ord. 427, passed 5-16-2016; Ord. 435, passed 12-5-2016; Ord. 445, passed 5-15-2017; Ord. 451, passed 6-4-2018; Ord. 467, passed 1-21-2020)