Eagle Point City Zoning Code
CHAPTER 17
100 APPEAL AND REVIEW OF DECISIONS
§ 17.100.010 Purpose.
The purpose of this chapter is to establish procedures for due process in the administration of matters pertinent to this title when not covered in another section of this title and to assure that the rights of property owners in the city are respected.
(Ord. 9-52 § 1 (8.010), 1980; Ord. 9-62A § 1, 1982)
§ 17.100.020 Appeal to planning commission.
The applicant or any interested person, within 10 days following any action, ruling or decision by the city planning director, site plan committee or other city official pursuant to this title, may appeal such action to the planning commission in a form prescribed by the city. The appeal must be in writing and contain the reasons why the appeal is being filed. The appeal shall be filed with the city planning director and be accompanied by a nonrefundable filing fee. The amount of the appeals fee shall be established by the city council. The appeal shall be placed on the agenda of the planning commission at its next regular meeting after the date of the filing of the appeal, providing the appeal is filed 10 days or more prior to said meeting.
(Ord. 9-52 § 1 (8.020), 1980; Ord. 9-62A § 1, 1982)
§ 17.100.030 Actions of the planning commission.
A.
General. The planning commission shall review the matter being appealed, the reasons for the appeal and shall make one of the following decisions with reasons for its action (appeal of administrative decision):
1.
Sustain the administrative action and reject the appeal.
2.
Reverse the administrative action and grant the appeal.
3.
Modify the administrative action and grant the appeal.
Findings of the planning commission as prescribed by the appropriate chapter of this title shall also be included with the decision. The planning commission's decision shall be final unless appealed to the city council.
B.
Site Plans. The planning commission may approve a modified list of conditions different from those proposed by a site plan committee. The decision of the planning commission shall be considered final unless appealed to the city council.
C.
Decision. The planning commission shall render its decision within 60 days after the initial hearing.
(Ord. 9-52 § 1 (8.030), 1980; Ord. 9-62A § 1, 1982)
§ 17.100.040 Appeal to city council.
The applicant or any interested person dissatisfied with an action of the planning commission may appeal such action to the city council in a form prescribed by the city. The appeal must be in writing and contain the reasons why the appeal is being filed. The appeal shall be filed within 10 days following the decision of the planning commission with the city recorder and be accompanied by a nonrefundable filing fee. The amount of the appeals fee shall be established by the city council. The appeal shall be placed on the agenda of the city council at its next regular meeting after the date of the filing of the appeal provided the appeal is filed 10 days or more prior to said meeting. A public hearing date will automatically be established and appropriate notice given.
(Ord. 9-52 § 1 (8.040), 1980; Ord. 9-62A § 1, 1982)
§ 17.100.050 Actions of the city council.
A.
General. The city council shall review the matter being appealed, hold a public hearing, and shall make one of the following decisions with reasons for its action:
1.
Sustain the planning commission action and reject the appeal.
2.
Reverse the planning commission action and grant the appeal.
3.
Modify the planning commission action and grant the appeal.
Findings of the city council as prescribed by the appropriate chapter of this title shall also be included with the decision. The city council's decision shall be considered final.
B.
Site Plans. The city council may approve a modified list of conditions different from those proposed by a site plan committee or planning commission. The city council's decision shall be considered final.
C.
Decision. The city council shall render its decision within 60 days after the initial hearing.
(Ord. 9-52 § 1 (8.050), 1980; Ord. 9-62A § 1, 1982)
