A decision on an application could be in error, or based on inaccurate or wrong information. The appeal procedures of this section have been established to provide a process for the correction of an erroneous decision.

(Ord. 225, passed 10-20-1994, § 28.1)

   (A)   Any decision by city staff or Planning Commission pertaining to a land use matter or an application to use or develop property within the city may be appealed to the City Council for review.

   (B)   An appeal may only be made by a party to the decision. A PARTY shall mean any person, organization or agency entitled to notice by the procedures leading to the action taken, or any person whose rights or property may be substantially affected by the decision. A person may also be recognized as a party by the chairperson of the body conducting a public meeting or hearing prior to the final decision.

   (C)   An appeal shall be made in writing in letter format. The following information shall be included in the letter:

      (1)   Reference to the specific decision, the body making that decision and the date of the decision;

      (2)   Explanation of the appellant's relationship to the subject property or action and how the decision will adversely affect the appellant or his or her property; and

      (3)   Statement(s) as to:

         (a)   How the decision-making body incorrectly interpreted specific portions of relevant ordinances, the city's comprehensive plan, other requirements of law in arriving at its decision; or

         (b)   What important information was not considered in making the decision.

   (D)   An appeal shall be filed with the city no later than ten calendar days after the decision has been made. If the tenth day falls on a weekend or holiday, the period shall include the next regular work day.

(Ord. 225, passed 10-20-1994, § 28.2)

   (A)   An application for a minor amendment to the comprehensive plan or zoning map may be made at any time.

   (B)   An application shall be made on the city's official application form with the appropriate fee. The application shall include at least the following information:

      (1)   A narrative description of the proposed amendment and the reasons for the request; and

      (2)   Maps drawn to scale showing the specific property or site that is the subject of the application and also showing the land use proposal for the site, if a design exists.

(Ord. 225, passed 10-20-1994, § 28.3)

   (A)   Upon receipt of an appeal, a public hearing shall be scheduled and conducted.

   (B)   In accepting public testimony at the public hearing, the City Council shall allow all parties to speak and present their arguments, may permit others to speak, at the discretion of the chairperson, and shall also review the record of the previous decision.

   (C)   If there is significant new information that was not available at the time of the appealed decision, or if there are special circumstances or unusual characteristics of the property involved, then the City Council may determine that the original decision was correct; but that the matter should be remanded to staff or another body to reconsider the request and new information.

   (D)   The burden of proof on any appeal rests with the appellant.

   (E)   The proper filing of an appeal shall stay the effective date of the original decision until a final decision is rendered through the local appeal process. If the appeal is not filed within the specified time period and in the proper manner, the decision shall be final.

   (F)   When the original decision followed a public hearing, the appeal of that decision shall be heard and considered only on the record of that decision and testimony and arguments shall be confined to that record. If the decision being appealed did not involve a public hearing, the record shall consist of the application materials, the record of the decision, supporting documentation from both staff and the applicant prior to the decision, and the appellant's appeal statements.

   (G)   A decision by the City Council to overturn or modify a previous decision shall be accompanied by findings pertaining to one or more of the following:

      (1)   The staff person or other authority responsible for the appealed decision did not correctly interpret the requirements of the comprehensive plan, zoning ordinance or other relevant city codes or regulations.

      (2)   The staff person or other authority did not consider all of the relevant information In the record or otherwise available at the time and which was pertinent to the case.

   (H)   If the City Council affirms the original decision, it may adopt by reference the findings and conclusions previously made, may alter or delete any part of those findings, or may make additional findings. The City Council may also amend or add to any conditions of approval that were originally imposed.

(Ord. 225, passed 10-20-1994, § 28.3)

   (A)   Notice of a hearing on appeal shall be given to the same persons and in the same manner as required by the original action.

   (B)   If a public hearing was not a part of the original decision, such as in the case of a staff decision, then the notification requirements shall be as follows:

      (1)   A public hearing notice shall be published once in a newspaper of general circulation in Shady Cove at least ten calendar days prior to the date of the hearing.

      (2)   Notification of the public hearing shall be sent by mail to the appellant; the original applicant, all owners of record of tax lots within a radius of 200 feet of the subject property, and any other known parties to the case. This notification shall be mailed at least ten calendar days prior to the date of the hearing.

      (3)   The staff may also provide written notice of the hearing to other known interested persons or agencies, and to those who have requested such notice. However, receipt of notice does not in itself grant such person or agency the status of party in the hearing.

(Ord. 225, passed 10-20-1994, § 28.4)

   The City Council is ultimately responsible for hearing and deciding on appeals of land use decisions in Shady Cove.

(Ord. 225, passed 10-20-1994, § 28.5)

   Any party aggrieved by the final decision of the City Council in a discretionary permit or zone change proceeding may have that appeal reviewed by the Land Use Board of Appeals, in accordance with O.R.S. Chapter 197.

(Ord. 225, passed 10-20-1994, § 28.6)

   (A)   No decision or action by the City Council or other body authorized to hear an appeal shall be invalid due to ex parte contact of bias resulting from such contact with a member of the decision-making body, provided that the member who received such contact:

      (1)   Places on the record the substance of the contact, including date, place, persons present and other known information; and

      (2)   Makes a public announcement of the ex parte contact, bias, etc., at or immediately before the public hearing is opened.

   (B)   Communication between the City Council or other hearings body and city staff prior to the hearing is not considered ex parte contact, provided staff is not personally involved in the case or a party thereto.

(Ord. 225, passed 10-20-1994, § 28.7)