(1)

Purpose. The purpose of this Chapter is to establish standard procedures for the review and processing of land use applications and legislative land use proposals, as well as ministerial actions. This Chapter is intended to enable the City, the applicant, and the public, where applicable, to reasonably review applications and participate in the local decision-making process in a timely and effective way. Table 32-1 provides a key for determining the review procedure and the decision-making body for particular applications.

(2)

Applicability of Review Procedures. All land use and development permit applications and decisions, will be made by using the procedures contained in this Chapter. The procedure "type" assigned to each application governs the decision-making process for that permit or application. There are five types of permit/application procedures as described in subsections (a) through (e) below. Table 32-1 lists the City's land use and development applications and corresponding review procedure(s).

(a)

Type I Procedure (Ministerial Staff Review). A Type I procedure is used in applying City standards and criteria that do not require the use of discretion, interpretation, or the exercise of policy or legal judgment (i.e., clear and objective standards). Type I decisions are made by the City Manager without public notice and without a public hearing. Appeals of Type I decisions are to Circuit Court under writ of review.

(b)

Type II Procedure (Administrative/Staff Review with Notice). A Type II procedure is used when the standards and criteria require limited discretion, interpretation, or policy or legal judgment. Type II decisions are made by the City Manager and require public notice and an opportunity for appeal to the Planning Commission, Architectural Review Board, or City Council as shown in Table 32-1. Those Type II decisions which are "limited land use decisions" as defined in ORS 197.015 are so noted in Table 32-1.

(c)

Type III Procedure (Quasi-Judicial Review—Public Hearing). Type III procedure is used when the standards and criteria require discretion, interpretation, or policy or legal judgment. Quasi-Judicial decisions involve discretion but implement established policy. Type III decisions are made by the Planning Commission or Architectural Review Board and require public notice and a public hearing, with an opportunity for appeal to the City Council.

(d)

Type IV-A Procedure (Quasi-Judicial Review—City Council Public Hearing). Type IV-A procedure is used when the standards and criteria require discretion, interpretation, or policy or legal judgment and is the procedure used for site-specific land use actions initiated by an applicant. Type IV-A decisions are made by the City Council and require public notice and a public hearing. Appeals of Type IV-A decisions are heard by the Land Use Board of Appeals (LUBA).

(e)

Type IV-B Procedure (Legislative Review). The Type IV-B procedure is used to review proposals to amend the Tualatin Comprehensive Plan, the City's land use regulations, and large-scale changes to the Comprehensive Plan or Plan Maps, and involve the creation, revision, or implementation of broad public policy. Type IV-B reviews are first considered by the Planning Commission, which makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance. Appeals of Type IV-B decisions are heard by the Land Use Board of Appeals (LUBA).

(3)

Determination of Review Type. Unless specified in Table 32-1, the City Manager will determine whether a permit or application is processed as Type I, II, III, IV-A or IV-B based on the descriptions above. Questions regarding the appropriate procedure will be resolved in favor of the review type providing the widest notice and opportunity to participate. An applicant may choose to elevate a Type I or II application to a higher numbered review type, provided the applicant pays the appropriate fee for the selected review type.

Table 32-1—Applications Types and Review Procedures

* City Council (CC); Planning Commission (PC); Architectural Review Board (ARB); City Manager or designee (CM); Land Use Board of Appeals (LUBA).

(Ord. 1414-18, 12-10-18; Ord. No. 1463-21 meeting, § 2, 12-13-21; Ord. No. 1451-25 meeting, § 5, 8-11-25)

Multiple applications processed individually require the filing of separate applications for each land use action. Each application will be separately reviewed according to the applicable procedure type and processed sequentially as follows:

(1)

Applications with the highest numbered procedure type must be processed first;

(2)

Applications specifically referenced elsewhere in the TDC as to the particular order must be processed in that order; and

(3)

Where one land use application is dependent on the approval of another land use application, the land use application upon which the other is dependent must be processed first (e.g., a conditional use permit is subject to prior approval before architectural review).

(Ord. 1414-18;12-10-18)

(1)

Time Limit—120-day Rule. The City must take final action on all Type II, Type III, and Type IV-A land use applications, as provided by ORS 227.178, including resolution of all local appeals, within 120 days after the application has been deemed complete under TDC 32.160, unless the applicant provides written request or consent to an extension in compliance with ORS 227.178. (Note: The 120-day rule does not apply to Type IV-B (Legislative Land Use) decisions.)

(2)

Time Limit—100-day Rule. The City must take final action including resolution of all local appeals on qualifying applications under ORS 227.180 within 100 days after the application is deemed complete. An application qualifies if it is submitted under ORS 227.175 and meets the following criteria:

(a)

The application is for development of a multifamily residential building containing five or more residential units within the urban growth boundary;

(b)

At least 50 percent of the residential units included in the development will be sold or rented as affordable housing. For the purposes of this section, "affordable housing" means housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater; and

(c)

The development is subject to a covenant appurtenant that restricts the owner and each successive owner of the development or a residential unit within the development from selling or renting any residential unit described in paragraph (b) of this subsection as housing that is not affordable housing for a period of 60 years from the date of the certificate of occupancy.

(3)

Time Periods. "Days" means calendar days unless otherwise specified. In computing time periods prescribed or allowed by this Chapter, the day of the act or event from which the designated period of time begins is not included. The last day of the period is included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or City recognized legal holiday.

(Ord. 1414-18;12-10-18)

(1)

Purpose of Pre-Application Conferences. Pre-application conferences are intended to familiarize applicants with the requirements of the TDC; to provide applicants with an opportunity discuss proposed projects in detail with City staff; and to identify approval criteria, standards, and procedures prior to filing a land use application. The pre-application conference is intended to be a tool to assist applicants in navigating the land use process, but is not intended to be an exhaustive review that identifies or resolves all potential issues, and does not bind or preclude the City from enforcing any applicable regulations or from applying regulations in a manner differently than may have been indicated at the time of the pre-application conference.

(2)

When Mandatory. Pre-application conferences are mandatory for all land use actions identified as requiring a pre-application conference in Table 32-1. An applicant may voluntarily request a pre-application conference for any land use action even if it is not required.

(3)

Timing of Pre-Application Conference. A pre-application conference must be held with City staff before an applicant submits an application and before an applicant conducts a Neighborhood/Developer meeting.

(4)

Application Requirements for Pre-Application Conference.

(a)

Application Form. Pre-application conference requests must be made on forms provided by the City Manager.

(b)

Submittal Requirements. Pre-application conference requests must include:

(i)

A completed application form;

(ii)

Payment of the application fee;

(iii)

The information required, if any, for the specific pre-application conference sought; and

(iv)

Any additional information the applicant deems necessary to demonstrate the nature and scope of the proposal in sufficient detail to allow City staff to review and comment.

(5)

Scheduling of Pre-Application Conference. Upon receipt of a complete application, the City Manager will schedule the pre-application conference. The City Manager will coordinate the involvement of city departments, as appropriate, in the pre-application conference. Pre-application conferences are not open to the general public.

(6)

Validity Period for Mandatory Pre-Application Conferences; Follow-Up Conferences. A follow-up conference is required for those mandatory pre-application conferences that have previously been held when:

(a)

An application relating to the proposed development that was the subject of the pre-application conference has not been submitted within six months of the pre-application conference;

(b)

The proposed use, layout, and/or design of the proposal have significantly changed; or

(c)

The owner and/or developer of a project changes after the pre-application conference and prior to application submittal.

(Ord. 1414-18;12-10-18)

(1)

Purpose. The purpose of this meeting is to provide a means for the applicant and surrounding property owners to meet to review a development proposal and identify issues regarding the proposal so they can be considered prior to the application submittal. The meeting is intended to allow the developer and neighbors to share information and concerns regarding the project. The applicant may consider whether to incorporate solutions to these issues prior to application submittal.

(2)

When Mandatory. Neighborhood/developer meetings are mandatory for all land use actions identified in Table 32-1 as requiring a neighborhood/developer meeting. An applicant may voluntarily conduct a neighborhood/developer meeting even if it is not required and may conduct more than one neighborhood/developer meeting at their election.

(3)

Timing. A neighborhood/developer meeting must be held after a pre-application meeting with City staff, but before submittal of an application.

(4)

Time and Location. Required neighborhood/developer meetings must be held within the city limits of the City of Tualatin at the following times:

(a)

If scheduled on a weekday, the meeting must begin no earlier than 6:00 p.m.

(b)

If scheduled on a weekend, the meeting must begin between 10:00 a.m. and 6:00 p.m.

(5)

Notice Requirements.

(a)

The applicant must provide notice of the meeting at least 14 calendar days and no more than 28 calendar days before the meeting. The notice must be by first class mail providing the date, time, and location of the meeting, as well as a brief description of the proposal and its location. The applicant must keep a copy of the notice to be submitted with their land use application.

(b)

The applicant must mail notice of a neighborhood/developer meeting to the following persons:

(i)

All property owners within 1,000 feet measured from the boundaries of the subject property;

(ii)

All property owners within a platted residential subdivision that is located within 1,000 feet of the boundaries of the subject property. The notice area includes the entire subdivision and not just those lots within 1,000 feet. If the residential subdivision is one of two or more individually platted phases sharing a single subdivision name, the notice area need not include the additional phases; and

(iii)

All designated representatives of recognized Citizen Involvement Organizations as established in TMC Chapter 11-9.

(c)

The City will provide the applicant with labels for mailing for a fee.

(d)

Failure of a property owner to receive notice does not invalidate the neighborhood/developer meeting proceedings.

(6)

Neighborhood/Developer Sign Posting Requirements. The applicant must provide and post on the subject property, at least 14 calendar days before the meeting. The sign must conform to the design and placement standards established by the City for signs notifying the public of land use actions in TDC 32.150.

(7)

Neighborhood/Developer Meeting Requirements. The applicant must have a sign-in sheet for all attendees to provide their name, address, telephone number, and email address and keep a copy of the sign-in sheet to provide with their land use application. The applicant must prepare meeting notes identifying the persons attending, those commenting and the substance of the comments expressed, and the major points that were discussed. The applicant must keep a copy of the meeting notes for submittal with their land use application.

(Ord. 1414-18;12-10-18)

(1)

Type I, Type II, Type III, and Type IV-A Applications. Type I, Type II, Type III, and Type IV-A applications may be submitted by one or more of the following persons:

(a)

The owner of the subject property;

(b)

The contract purchaser of the subject property, when the application is accompanied by proof of the purchaser's status as such and by the seller's written consent;

(c)

A lessee in possession of the property, when the application is accompanied by the owners' written consent; or

(d)

The agent of any of the foregoing, when the application is duly authorized in writing by a person authorized to submit an application by paragraphs (a), (b) or (c) of this subsection, and accompanied by proof of the agent's authority.

(2)

Type IV-A or B Applications. Type IV-A or B applications may be initiated by the City.

(Ord. 1414-18;12-10-18)

(1)

Submittal Requirements. Land use applications must be submitted on forms provided by the City. A land use application may not be accepted in partial submittals. All information supplied on the application form and accompanying the application must be complete and correct as to the applicable facts. Unless otherwise specified, all of the following must be submitted to initiate completeness review under TDC 32.160:

(a)

A completed application form. The application form must contain, at a minimum, the following information:

(i)

The names and addresses of the applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof;

(ii)

The address or location of the subject property and its assessor's map and tax lot number;

(iii)

The size of the subject property;

(iv)

The comprehensive plan designation and zoning of the subject property;

(v)

The type of application(s);

(vi)

A brief description of the proposal; and

(vii)

Signatures of the applicant(s), owner(s) of the subject property, and/or the duly authorized representative(s) thereof authorizing the filing of the application(s).

(b)

A written statement addressing each applicable approval criterion and standard;

(c)

Any additional information required under the TDC for the specific land use action sought;

(d)

Payment of the applicable application fee(s) pursuant to the most recently adopted fee schedule;

(e)

Recorded deed/land sales contract with legal description.

(f)

A preliminary title report or other proof of ownership.

(g)

For those applications requiring a neighborhood/developer meeting:

(i)

The mailing list for the notice;

(ii)

A copy of the notice;

(iii)

An affidavit of the mailing and posting;

(iv)

The original sign-in sheet of participants; and

(v)

The meeting notes described in TDC 32.120(7).

(h)

A statement as to whether any City-recognized Citizen Involvement Organizations (CIOs) whose boundaries include, or are adjacent to, the subject property were contacted in advance of filing the application and, if so, a summary of the contact. The summary must include the date when contact was made, the form of the contact and who it was with (e.g. phone conversation with neighborhood association chairperson, meeting with land use committee, presentation at neighborhood association meeting), and the result;

(i)

Any additional information, as determined by the City Manager, that may be required by another provision, or for any other permit elsewhere, in the TDC, and any other information that may be required to adequately review and analyze the proposed development plan as to its conformance to the applicable criteria;

(2)

Application Intake. Each application, when received, must be date-stamped with the date the application was received by the City, and designated with a receipt number and a notation of the staff person who received the application.

(3)

Administrative Standards for Applications. The City Manager is authorized to establish administrative standards for application forms and submittals, including but not limited to plan details, information detail and specificity, number of copies, scale, and the form of submittal.

(Ord. 1414-18;12-10-18)

(1)

When Signs Posted. Signs in conformance with these standards must be posted as follows:

(a)

Signs providing notice of an upcoming neighborhood/developer meeting must be posted prior to a required neighborhood/developer meeting in accordance with Section 32.120(6); and

(b)

Signs providing notice of a pending land use application must be posted after land use application has been submitted for Type II, III and IV-A applications.

(2)

Sign Design Requirements. The applicant must provide and post a sign(s) that conforms to the following standards:

(a)

Waterproof sign materials;

(b)

Sign face must be no less than 18 inches by 24 inches (18" x 24"); and

(c)

Sign text must be at least two inch font.

(3)

On-site Placement. The applicant must place one sign on their property along each public street frontage of the subject property. (Example: If a property adjoins four public streets, the applicant must place a sign at each of those public street frontages for a total of four signs.) The applicant cannot place the sign within public right-of-way.

(4)

Removal. If a sign providing notice of a pending land use application disappears prior to the final decision date of the subject land use application, the applicant must replace the sign within 40-eight (48) hours of discovery of the disappearance or of receipt of notice from the City of its disappearance, whichever occurs first. The applicant must remove the sign no later than 14 days after:

(a)

The meeting date, in the case of signs providing notice of an upcoming neighborhood/developer meeting; or

(b)

The City makes a final decision on the subject land use application, in the case of signs providing notice of a pending land use application.

(Ord. 1414-18;12-10-18)

(1)

Duration. Except as otherwise provided under ORS 227.178, the City Manager must review an application for completeness within 30 days of its receipt.

(2)

Considerations. Determination of completeness will be based upon receipt of the information required under TDC 32.140 and will not be based on opinions as to quality or accuracy. Applications that do not respond to relevant code requirements or standards can be deemed incomplete. A determination that an application is complete indicates only that the application is ready for review on its merits, not that the City will make a favorable decision on the application.

(3)

Complete Applications. If an application is determined to be complete, review of the application will commence.

(4)

Incomplete Applications. If an application is determined to be incomplete, the City Manager must provide written notice to the applicant identifying the specific information that is missing and allowing the applicant the opportunity to submit the missing information. An application which has been determined to be incomplete must be deemed complete for purposes of this section upon receipt of:

(a)

All of the missing information;

(b)

Some of the missing information and written notice from the applicant that no other information will be provided; or

(c)

Written notice from the applicant that none of the missing information will be provided.

(5)

Vesting. If an application was complete at the time it was first submitted, or if the applicant submits additional required information within 180 days of the date the application was first submitted, approval or denial of the application must be based upon the standards and criteria that were in effect at the time the application was first submitted.

(6)

Void Applications. An application is void if the application has been on file with the City for more than 180 days and the applicant has not provided the missing information or otherwise responded, as provided in subsection (4) of this section.

(Ord. 1414-18;12-10-18)

Revisions or alterations of an application may be made following the determination that an application is complete, provided such revisions or alterations do not render the application incomplete and do address applicable requirements. When revisions or alterations are desired by the applicant or required by the City, the applicant must provide fully revised application materials and clearly identifying those application materials which are revised.

(Ord. 1414-18;12-10-18)

(1)

Withdrawn by Applicant. An application may be withdrawn by the applicant at any time prior to the issuance of the decision if the owner or contract purchaser consents in writing to withdraw the application.

(2)

Notice. If an application is withdrawn after the mailing of public notice, the City Manager must send written notice stating the application has been withdrawn to all persons who were provided mailed notice of the application or public hearing.

(Ord. 1414-18;12-10-18)

The City Manager makes ministerial decisions through the Type I procedure without public notice and without a public hearing. Ministerial decisions are those where City standards and criteria do not require the exercise of discretion, interpretation, or policy or legal judgment (i.e., clear and objective standards).

(1)

Submittal Requirements. Complete Type I applications must include the submittal information required by TDC 32.140(1)(a) through (d).

(2)

Notice of Application Submittal. No public notice of review is required.

(3)

Notice of Decision. Written notice of the decision must be provided to the applicant and property owner of record.

(4)

Effective Date. A Type I decision is final on the date it is signed by the City Manager.

(Ord. 1414-18;12-10-18)

Type II decisions are made by the City Manager with public notice and an opportunity for review and comment. The local appeal body for each application type is specified in Table 32-1. Type II decisions include limited land use decisions under ORS 197.195.

(1)

Submittal Requirements. Type II applications must include the submittal information required by TDC 32.140(1).

(2)

Determination of Completeness. After receiving an application for filing, the City Manager will review the application for completeness in accordance with TDC 32.160.

(3)

Written Notice of Application and Opportunity to Comment. Once the application has been deemed complete, the City must mail notice of a pending Type II decision to the following individuals and agencies no fewer than 14 days before making the Type II decision to allow interested people and agencies the opportunity to submit written comments on the application before the City issues the decision.

(a)

Recipients:

(i)

The applicant and the owners of the subject property;

(ii)

All property owners within 1,000 feet measured from the boundaries of the subject property;

(iii)

All property owners within a platted residential subdivision that is located within 1,000 feet of the boundaries of the subject property. The notice area includes the entire subdivision and not just those lots within 1,000 feet. If the residential subdivision is one of two or more individually platted phases sharing a single subdivision name, the notice area need not include the additional phases;

(iv)

All designated representatives of recognized Citizen Involvement Organizations as established in TMC Chapter 11-9;

(v)

Any person who submits a written request to receive a notice;

(vi)

Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies, including but not limited to: school districts; fire district; where the project either adjoins or directly affects a state highway, the Oregon Department of Transportation; where the project site would access a County road or otherwise be subject to review by the County, then the County; Clean Water Services; Tri Met; and, ODOT Rail Division and the railroad company if a railroad-highway grade crossing provides or will provide the only access to the subject property. The failure of another agency to respond with written comments on a pending application does not invalidate an action or permit approval made by the City under this Code; and

(vii)

Utility companies (as applicable).

(b)

The mailed notice of pending Type II Decision, at a minimum, must contain all of the following information:

(i)

The names of the applicant(s), any representative(s) thereof, and the owner(s) of the subject property;

(ii)

The street address if assigned, if no street address has been assigned then Township, Range, Section, Tax Lot or Tax Lot ID;

(iii)

The proposed site plan;

(iv)

Statement noting if a railroad-highway grade crossing provides or will provide the only access to the subject property;

(v)

The type of application and a concise description of the nature of the land use action;

(vi)

A list of the approval criteria by TDC section for the decision and other ordinances or regulations that apply to the application at issue;

(vii)

Brief summary of the local decision making process for the land use decision being made;

(viii)

The date, place and time where comments are due and that comments are due no later than 5:00 p.m. on the 14th calendar day after the notice was mailed;

(ix)

A statement indicating that issues which may provide the basis for an appeal to the Oregon Land Use Board of Appeals must be raised in writing prior to the expiration of the comment period and with sufficient specificity to enable the applicant and local appeal body to respond to the issue;

(x)

Statement that after the comment period closes, the City will issue its decision and the decision will be mailed to the applicant, property owner, anyone who submitted written comments on the application, and to anyone else is otherwise legally entitled to notice;

(xi)

A statement that comments received after the close of the public comment period will not be considered;

(xii)

The name of a City representative to contact and the telephone number where additional information may be obtained; and

(xiii)

Statement that the application and all documents and evidence submitted by the applicant are available for review and that copies can be obtained at a reasonable cost from the City.

(c)

Failure of a person or agency identified in TDC 32.220(3)(a) to receive the notice required in TDC 32.220(3)(b) does not invalidate any proceeding in connection with the application provided the City can demonstrate by affidavit that notice was given in accordance with this section.

(d)

Written comments must be received by the City no later than 5:00 p.m. on the 14th calendar day after the notice was mailed in order for comments to be considered.

(4)

Decision. At the conclusion of the comment period, the City Manager must review the comments received and approve, approve with conditions, or deny the application. The decision must be in writing and include a statement that:

(a)

Explains the criteria and standards considered relevant to the decision;

(b)

States the facts relied upon in issuing the decision; and

(c)

Explains the justification for the decision based on the criteria, standards and facts set forth.

(5)

Notice of Type II Decision. Notice of the decision must be provided to the property owner, applicant, and any person who submitted written comments in accordance with TDC 32.220(3)(d). If approval is granted to remove a Heritage Tree, a copy of the decision must be sent to the chairman of the Tualatin Park Advisory Committee. The Type II Notice of Decision must contain all of the following information:

(a)

A description of the applicant's proposal and the City's decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

(b)

The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area;

(c)

A statement a statement that the complete case file, including findings, conclusions, and conditions of approval, if any, is available for review and how copies can be obtained;

(d)

The date the decision becomes final, unless an appeal is submitted; and

(e)

A statement that all person entitled to notice of the decision may appeal the decision in accordance with TDC 32.310.

(6)

Appeal of a Type II Decision. Appeals may be made in accordance with TDC 32.310.

(7)

Effective Date of Type II Decision. A Type II Decision becomes effective 14 days after the City mails the Notice of Decision, unless an Appeal is submitted pursuant to TDC 32.310 or unless the conditions of approval specify otherwise.

(Ord. 1414-18;12-10-18)

Type III decisions involve the use of discretion and judgment and are made by the Planning Commission or Architectural Review Board after a public hearing with an opportunity for appeal to the City Council. The decision body for each application type is specified in Table 32-1. A hearing under these procedures provides a forum to apply standards to a specific set of facts to determine whether the facts conform to the applicable criteria and the resulting determination will directly affect only a small number of identifiable persons.

(1)

Submittal Requirements. Type III applications must include the submittal information required by TDC 32.140(1).

(2)

Determination of Completeness. After receiving an application for filing, the City Manager will review the application will for completeness in accordance with TDC 32.160.

(3)

Written Notice of Public Hearing—Type III. Once the application has been deemed complete, the City must mail by regular first class mail Notice of a Public Hearing to the following individuals and agencies no fewer than 20 days before the hearing.

(a)

Recipients:

(i)

The applicant and, the owners of the subject property;

(ii)

All property owners within 1,000 feet measured from the boundaries of the subject property;

(iii)

All property owners within a platted residential subdivision that is located within 1,000 feet of the boundaries of the subject property. The notice area includes the entire subdivision and not just those lots within 1,000 feet. If the residential subdivision is one of two or more individually platted phases sharing a single subdivision name, the notice area need not include the additional phases;

(iv)

All recognized neighborhood associations within 1,000 feet from the boundaries of the subject property;

(v)

All designated representatives of recognized Citizen Involvement Organizations as established in TMC Chapter 11-9;

(vi)

Any person who submits a written request to receive a notice;

(vii)

Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies, including but not limited to: school districts; fire district; where the project either adjoins or directly affects a state highway, the Oregon Department of Transportation; and where the project site would access a County road or otherwise be subject to review by the County, then the County; and Clean Water Services; Tri Met; and, ODOT Rail Division and the railroad company if a railroad-highway grade crossing provides or will provide the only access to the subject property. The failure of another agency to respond with written comments on a pending application does not invalidate an action or permit approval made by the City under this Code;

(viii)

Utility companies (as applicable); and,

(ix)

Members of the decision body identified in Table 32-1.

(b)

The Notice of a Public Hearing, at a minimum, must contain all of the following information:

(i)

The names of the applicant(s), any representative(s) thereof, and the owner(s) of the subject property;

(ii)

The street address if assigned, if no street address has been assigned then Township, Range, Section, Tax Lot or Tax Lot ID;

(iii)

The type of application and a concise description of the nature of the land use action;

(iv)

A list of the approval criteria by TDC section for the decision and other ordinances or regulations that apply to the application at issue;

(v)

Brief summary of the local decision making process for the land use decision being made and a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings;

(vi)

The date, time and location of the hearing;

(vii)

Disclosure statement indicating that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the Land Use Board of Appeals on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;

(viii)

The name of a City representative to contact and the telephone number where additional information may be obtained; and

(ix)

Statement that the application and all documents and evidence submitted to the City are in the public record and available for review, and that copies can be obtained at a reasonable cost from the City; and

(x)

Statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost.

(c)

Failure of a person or agency to receive a notice, does not invalidate any proceeding in connection with the application, provided the City can demonstrate by affidavit that required notice was given.

(4)

Conduct of the Hearing—Type III. The person chairing the hearing must follow the order of proceedings set forth below. These procedures are intended to provide all interested persons a reasonable opportunity to participate in the hearing process and to provide for a full and impartial hearing on the application before the body. Questions concerning the propriety or the conduct of a hearing will be addressed to the chair with a request for a ruling. Rulings from the chair must, to the extent possible, carry out the stated intention of these procedures. A ruling given by the chair on such question may be modified or reversed by a majority of those members of the decision body present and eligible to vote on the application before the body. The procedures to be followed by the chair in the conduct of the hearing are as follows:

(a)

At the commencement of the hearing, the person chairing the hearing must state to those in attendance all of the following information and instructions:

(i)

The applicable substantive criteria;

(ii)

That testimony, arguments and evidence must be directed toward the criteria described in paragraph (i) of this subsection or other criteria in the plan or land use regulation which the person believes to apply to the decision;

(iii)

That failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the State Land Use Board of Appeals based on that issue;

(iv)

At the conclusion of the initial evidentiary hearing, the decision body must deliberate and make a decision based on the facts and arguments in the public record; and

(v)

Any participant may ask the decision body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the decision body grants the request, it will schedule a date to continue the hearing as provided in TDC 32.230(4)(e), or leave the record open for additional written evidence or testimony as provided TDC 32.230(4)(f).

(b)

The public is entitled to an impartial decision body as free from potential conflicts of interest and pre-hearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the decision body must follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the decision body must not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the decision body must individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they must be excused from the proceedings.

(c)

Presenting and receiving evidence.

(i)

The decision body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence;

(ii)

No oral testimony will be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section; and

(iii)

Members of the decision body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

(d)

The decision body, in making its decision, must consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous City decisions; case law; staff reports). Upon announcing its intention to take notice of such facts in its deliberations, it must allow persons who previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

(e)

If the decision body decides to continue the hearing, the hearing must be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity must be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that he or she can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the decision body may limit additional testimony to arguments and not accept additional evidence.

(f)

If the decision body leaves the record open for additional written testimony, the record must be left open for at least seven days after the hearing. Any participant may ask the decision body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the decision body must reopen the record, as follows:

(i)

When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;

(ii)

An extension of the hearing or record granted pursuant to this section is subject to the limitations of TDC 32.030, unless the applicant waives his or her right to a final decision being made within the required timeframe; and

(iii)

If requested by the applicant, the decision body must grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

(5)

Notice of Adoption of a Type III Decision. Notice of Adoption must be provided to the property owner, applicant, and any person who provided testimony at the hearing or in writing. The Type III Notice of Adoption must contain all of the following information:

(a)

A description of the applicant's proposal and the City's decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

(b)

The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area;

(c)

A statement that a copy of the decision and complete case file, including findings, conclusions, and conditions of approval, if any, is available for review and how copies can be obtained;

(d)

The date the decision becomes final, unless a request for appeal is submitted; and

(e)

The notice must include an explanation of rights to appeal the decision to the City Council in accordance with TDC 32.310.

(6)

Appeal of a Type III Decision. Appeal of an Architectural Review Board or Planning Commission Type III Decision to the City Council may be made in accordance with TDC 32.310.

(7)

Effective Date of a Type III Decision.

(a)

The written order is the final decision on the application.

(b)

The mailing date is the date of the order certifying its approval by the decision body.

(c)

A decision of the Architectural Review Board or Planning Commission is final unless:

(i)

a written appeal is received at the City offices within 14 calendar days of the date notice of the final decision is mailed; or

(ii)

The City Manager or a member of the City Council requests a review of the decision within 14 calendar days of the date notice of the final decision is mailed.

(Ord. 1414-18;12-10-18)

Type IV-A decisions are quasi-judicial decisions made by the City Council after a public hearing. A hearing under these procedures provides a forum to apply standards to a specific set of facts to determine whether the facts conform to the applicable criteria and the resulting determination will directly affect only a small number of identifiable persons. Except as otherwise provided, the procedures set out in this section must be followed when the subject matter of the evidentiary hearing would result in a quasi-judicial decision. City Council decisions may be appealed to the state Land Use Board of Appeals pursuant to ORS 197.805—197.860.

(1)

Submittal Requirements. Type IV-A applications must include the submittal information required by TDC 32.140(1).

(2)

Determination of Completeness. After receiving an application for filing, the City Manager will review the application will for completeness in accordance with TDC 32.160.

(3)

Written Notice of Public Hearing—Type IV-A. Once the application has been deemed complete, the City must mail by regular first class mail Notice of a Public Hearing to the following individuals and agencies no fewer than 20 days before the hearing.

(a)

Recipients:

(i)

The applicant and, the owners of the subject property;

(ii)

All property owners within 1,000 feet measured from the boundaries of the subject property;

(iii)

All property owners within a platted residential subdivision that is located within 1,000 feet of the boundaries of the subject property. The notice area includes the entire subdivision and not just those lots within 1,000 feet. If the residential subdivision is one of two or more individually platted phases sharing a single subdivision name, the notice area need not include the additional phases;

(iv)

All recognized neighborhood associations within 1,000 feet from the boundaries of the subject property;

(v)

All designated representatives of recognized Citizen Involvement Organizations as established in TMC Chapter 11-9;

(vi)

Any person who submits a written request to receive a notice;

(vii)

Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies, including but not limited to: school districts; fire district; where the project either adjoins or directly affects a state highway, the Oregon Department of Transportation; and where the project site would access a County road or otherwise be subject to review by the County, then the County; and Clean Water Services; Tri Met; and, ODOT Rail Division and the railroad company if a railroad-highway grade crossing provides or will provide the only access to the subject property. The failure of another agency to respond with written comments on a pending application does not invalidate an action or permit approval made by the City under this Code;

(viii)

Utility companies (as applicable); and,

(ix)

Members of the City Council.

(b)

The Notice of a Public Hearing, at a minimum, must contain all of the following information:

(i)

The names of the applicant(s), any representative(s) thereof, and the owner(s) of the subject property;

(ii)

The street address if assigned, if no street address has been assigned then Township, Range, Section, Tax Lot or Tax Lot ID;

(iii)

The type of application and a concise description of the nature of the land use action;

(iv)

A list of the approval criteria by TDC section for the decision and other ordinances or regulations that apply to the application at issue;

(v)

Brief summary of the local decision making process for the land use decision being made and a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings;

(vi)

The date, time and location of the hearing;

(vii)

Disclosure statement indicating that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the Land Use Board of Appeals on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;

(viii)

The name of a City representative to contact and the telephone number where additional information may be obtained;

(ix)

Statement that the application and all documents and evidence submitted to the City are in the public record and available for review, and that copies can be obtained at a reasonable cost from the City; and

(x)

Statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost.

(c)

Failure of a person or agency to receive a notice, does not invalidate any proceeding in connection with the application, provided the City can demonstrate by affidavit that required notice was given.

(4)

Additional Notice Requirements for Certain Type IV-A Application Types. The following additional notice requirements apply to Type IV-A Hearings where the City Council will be considering the application or removal of a Historic Landmark Designation or a Plan Text or Map Amendment for a particular property or discrete set of properties.

(a)

The City Manager will notify in writing the Oregon Department of Land Conservation and Development (DLCD) in accordance with the minimum number of days required by ORS Chapter 197.

(b)

At least 14 calendar days before the scheduled City Council public hearing date, public notice must be provided by publication in a newspaper of general circulation in the City.

(c)

At least 14 calendar days before the scheduled City Council public hearing date, public notice must be posted in two public and conspicuous places within the City.

(5)

Conduct of the Hearing—Type IV-A. The Mayor (or Mayor Pro Tem) must follow the order of proceedings set forth below. These procedures are intended to provide all interested persons a reasonable opportunity to participate in the hearing process and to provide for a full and impartial hearing on the application before the body. Questions concerning the propriety or the conduct of a hearing will be addressed to the chair with a request for a ruling. Rulings from the Mayor must, to the extent possible, carry out the stated intention of these procedures. A ruling given by the Mayor on such question may be modified or reversed by a majority of those members of the decision body present and eligible to vote on the application before the body. The procedures to be followed by the Mayor in the conduct of the hearing are as follows:

(a)

At the commencement of the hearing, the Mayor (or designee) must state to those in attendance all of the following information and instructions:

(i)

The applicable approval criteria by Code Chapter that apply to the application;

(ii)

Testimony and evidence must concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;

(iii)

Failure to raise an issue with sufficient detail to give the City Council and the parties an opportunity to respond to the issue, may preclude appeal to the state Land Use Board of Appeals on that issue;

(iv)

At the conclusion of the initial evidentiary hearing, the City Council must deliberate and make a decision based on the facts and arguments in the public record; and

(v)

Any participant may ask the City Council for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the City Council grants the request, it will schedule a date to continue the hearing as provided in TDC 32.240(5)(e), or leave the record open for additional written evidence or testimony as provided TDC 32.240(5)(f).

(b)

The public is entitled to an impartial decision body as free from potential conflicts of interest and pre-hearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the City Council must follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the City Council must not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the City Council must individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they must be excused from the proceedings.

(c)

Presenting and receiving evidence.

(i)

The City Council may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence;

(ii)

No oral testimony will be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section; and

(iii)

Members of the City Council may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

(d)

The City Council, in making its decision, must consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous City decisions; case law; staff reports). Upon announcing its intention to take notice of such facts in its deliberations, it must allow persons who previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

(e)

If the City Council decides to continue the hearing, the hearing must be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity must be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that he or she can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the decision body may limit additional testimony to arguments and not accept additional evidence.

(f)

If the City Council leaves the record open for additional written testimony, the record must be left open for at least seven days after the hearing. Any participant may ask the decision body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the decision body must reopen the record, as follows:

(i)

When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;

(ii)

An extension of the hearing or record granted pursuant to this section is subject to the limitations of TDC 32.030(1) (ORS 227.178—120-day rule), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and

(iii)

If requested by the applicant, the City Council must grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

(6)

Notice of Adoption of a Type IV-A Decision. Notice of Adoption must be provided to the property owner, applicant, and any person who provided testimony at the hearing or in writing. The Type IV-A Notice of Adoption must contain all of the following information:

(a)

A description of the applicant's proposal and the City's decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

(b)

The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area;

(c)

A statement a statement that a copy of the decision and complete case file, including findings, conclusions, and conditions of approval, if any, is available for review and how copies can be obtained;

(d)

The date the decision becomes final; and

(e)

The notice must include an explanation of rights to appeal a City Council decisions to the state Land Use Board of Appeals pursuant to ORS 197.805—197.860.

(7)

Effective Date of a Type IV-A Decision.

(a)

The written order is the final decision on the application.

(b)

The date of the order is the date it is mailed by the Mayor (or designee) certifying its approval by the decision body.

(c)

Appeal of a IV-A City Council decision is to the State Land Use Board of Appeals pursuant to ORS 197.805—197.860.

(Ord. 1414-18;12-10-18)

Type IV-B decisions are legislative land use decisions made by the City Council. Legislative land use proceedings include proposals to amend the Tualatin Comprehensive Plan and zoning maps, and involve the creation, revision, or implementation of broad public policy generally impacting more than one property owner or a large number of individual properties. The City Council may initiate its own legislative proposals at any time. Legislative requests are not subject to the 120-day review period under ORS 227.178. In most cases a public hearing is required. However, no public hearing is required in a legislative land use proceeding if the purpose of the amendment is to conform to new requirements in state land use statutes, Statewide Land Use Planning Goals, or administrative rules of the Oregon Land Conservation and Development Commission implementing state land use statutes or Statewide Land Use Planning Goals, if the Oregon Department of Land Conservation and Development confirms in writing that the only effect of the proposed change is to conform the City's Comprehensive Plan or land use regulations to the new state requirements. The Council may, in its discretion, hold a public hearing although one is not required.

(1)

Submittal Requirements—Type IV-B. Legislative land use proceedings may be initiated by the City Council or City staff.

(2)

Notice of Public Hearing—Type IV-B. Hearings on Legislative Land Use requests must conform to state land use laws (ORS 227.175), as follows:

(a)

DLCD Pre-Adoption Notice. The City Manager will notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation, or comprehensive plan amendment) in accordance with the minimum number of days required by ORS Chapter 197.

(b)

Notice of Rezone and Limitations of Land Use (Measure 56 Notice). When the proposed legislative decision affects the base zoning classification of a property or limits or prohibits a land use previously allowed, the City must provide notice to the owners of such property at least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance. The notice must comply with ORS 227.175.

(c)

Other Public Notice. In addition to any other notice required, at least 14 calendar days before the scheduled City Council public hearing date, the City must mail by regular first class mail Notice of a Public Hearing to the following individuals and agencies.

(i)

Any affected governmental agency;

(ii)

Any person who requests notice in writing;

(iii)

For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;

(iv)

Designated representatives of recognized Citizen Involvement Organizations;

(v)

For an amendment which affects the transportation system, ODOT and Metro; and

(vi)

For a plan amendment or land use regulation amendment that significantly impacts school capacity, the Tigard-Tualatin School District.

(d)

At least 14 calendar days before the scheduled City Council public hearing date, public notice must be provided by publication in a newspaper of general circulation in the city.

(e)

At least 14 calendar days before the scheduled City Council public hearing date, public notice must be posted in two public and conspicuous places within the City.

(3)

Mailed Notice. The mailed Notice of a Public Hearing, at a minimum, must contain all of the following information:

(a)

A concise description of the proposal;

(b)

A map identifying the properties affected by the proposal, if applicable, in relation to major streets or other landmarks;

(c)

A list of the applicable standards or criteria;

(d)

The date, time, and location of the public hearing;

(e)

Brief summary of the local decision making process for the land use decision being made and a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings;

(f)

A statement that all interested persons may appear either in person or with representation by an attorney and provide testimony and that only those participating at the hearing, in person or by submission of written testimony, have the right to appeal the decision to the Land Use Board of Appeals;

(g)

The information required under ORS 227.186 (Measure 56 Notice), if the hearing changes the base zoning classification of a property or limits or prohibits a land use previously allowed;

(h)

a statement that subsequent to the close of the hearing notice of a decision adopting a new land use regulation will be mailed to all neighborhood associations, anyone who participated in the hearing, either in person or in writing, and anyone who requested to receive notice;

(i)

The name and contact information for the City representative responsible for collecting comments or responding to questions; and

(j)

Statement that all documents are available for review and that copies can be obtained at a reasonable cost from the City.

(4)

Conduct of the Hearing—Type IV-B. A Type IV-B land use hearing will follow the City's legislative hearing procedures. There can be pre-hearing contact between citizens and the decision makers on legislative matters. "Ex parte contact" is not a concern.

(5)

Notice of Adoption and Effective Date of a Type IV-B Decision.

(a)

Notice of Adoption must be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within 20 business days after the City Council decision is filed with the City Manager. The City must also provide notice to all persons as required by other applicable laws.

(b)

A Legislative Land Use decision, if approved, takes effect and becomes final as specified in the enacting ordinance or, if not approved, upon mailing of the Notice of Adoption to the applicant.

(Ord. 1414-18;12-10-18)

An Annexation brings property from outside the City Limits into the City Limits. At the same time, the City also removes the property from any county special districts that are no longer needed. For example, property in Washington County is withdrawn from the Washington County Enhanced Sheriff's Patrol District because police services will be provided by the Tualatin Police Department.

(1)

Procedure Type—Annexations.

(a)

Quasi-Judicial Annexations will be conducted by City Council under the Type IV-A process in TDC 32.240, as modified by this Section. The 120-day rule does not apply to annexations.

(b)

Legislative Annexations will be conducted by City Council under the Type IV-B process in TDC 32.250 as modified by this Section.

(2)

Submittal Information and Completeness.

(a)

Quasi-Judicial Annexation. For quasi-judicial annexation applications, submittal requirements must be in accordance with TDC 32.240(1) and will be reviewed for completeness in accordance with TDC 32.240(2).

(b)

Legislative Annexation. Only the City Council may initiate legislative annexations.

(3)

Timing of the Hearing. Within 45-days of determining an annexation application is complete, the City Manager will set the date for public hearing before the City Council.

(4)

Notice of Public Hearing—Annexation. The City must give notice of its proposed deliberations by at least 20 days prior to the date of deliberations. Notice must be published as required by state law.

(a)

For quasi-judicial annexations the City must comply with the same written notice provisions as for Type IV-A. For legislative annexations, the City must comply with the same written notice provisions as for Type IV-B proceedings. In addition, notice of public hearing must also be sent to all "Necessary Parties," as defined by Metro Code 3.09;

(b)

The City must post the written notice of public hearing in four public places;

(c)

The City must provide weatherproof posting of the notice in the general vicinity of the affected territory; and

(d)

The City must post a notice of public hearing in a newspaper of general circulation within the City once each week for two successive weeks before the hearing.

(5)

Final Decision. Final decisions on quasi-judicial and legislative annexations will be made by ordinance.

(a)

The City Council may adjourn or continue its final deliberations on a proposed boundary change to another time. For a continuance later than 28 days after the time stated in the original notice, notice must be reissued in the form required by TDC 32.260(4) of this section at least five days prior to the continued date of decision.

(b)

For quasi-judicial annexation proceedings, the City must send notice of final decision as provided in 32.240(6) (Notice of Adoption—Type IV-A). Notice of adoption is not required for legislative annexation proceedings.

(c)

Following a final decision approving an annexation, the City must send notice of the decision to the Metro and other applicable public bodies, in accordance with Metro Code 3.09, to effectuate the annexation decision.

(d)

The City must file the annexation with the Secretary of State as provided in ORS 222.

(6)

Effective Date. The effective date of the annexation is as specified by the City Council in the annexation ordinance. If an effective date of an annexation is more than one year after the date the ordinance proclaiming annexation is adopted, the City must provide notice to the county clerk as provided in ORS 222.

(Ord. 1414-18;12-10-18)

(1)

Appeals Generally.

(a)

Type I Decisions. Type I decisions are final at the local level and may only be appealed to Circuit Court through a writ of review process under state law.

(b)

Type II Decisions. Type II decisions may only be appealed by a person who has submitted written comments within the 14-day comment period before the decision of the City Manager.

(c)

Type III Decisions. Type III decision may be made by any person who submitted written comments prior to or during the public hearing, or provided testimony at the public hearing.

(d)

Type IV-A and Type IV-B Decisions. There is no local appeal for Type IV decisions. Type IV decisions appealed to the Land Use Board of Appeals must follow applicable state laws.

(2)

Timing and Submittal Requirements for a Notice of Appeal—Type II and Type III Decisions. A Notice of Appeal must be made within 14 calendar days of the date of mailing the written Notice of Decision or Notice of Adoption. The Notice of Appeal must be on forms provided by the City and be accompanied by the appeal fee. The notice of appeal must contain the following:

(a)

Identification of the decision sought to be appealed, including its assigned case number, the title or caption of the decision, and the decision date; and

(b)

The name and mailing address of the appellant and a statement establishing the appellant's standing to appeal the decision, including how the appellant is adversely affected by the decision.

(3)

Proper Filing of Notice of Appeal is Jurisdictional. The timely and complete filing of the notice of appeal and payment of the appeal fee are jurisdictional. The City Manager cannot accept a notice of appeal that does not comply with this section. The City Manager's determination that an appellant has failed to comply with this section is final.

(4)

Appeals Hearing Process.

(a)

The appeal body for appeals will be either the Architectural Review Board, Planning Commission, or City Council as provided in Table 32-1. All appeals are "de novo" meaning new evidence and argument may be submitted at the appeal hearing.

(b)

Appeal hearings conducted by the Architectural Review Board or Planning Commission will follow the Type III hearings process in accordance with TDC 32.230.

(c)

Appeal hearings conducted by the City Council will follow the Type IV-A hearing process in accordance with TDC 32.240.

(5)

Withdrawing an Appeal.

(a)

At any time before the close of an appeal hearing, any appellant may withdraw the appeal. The appellant must provide written notice of the withdrawal prior to the hearing, or orally at the hearing.

(b)

If the withdrawal is made before public notice of the hearing is sent, the City will refund the appeal fee.

(c)

Where multiple people or parties sign and file a single Notice of Appeal, all parties to the original filing must consent to the withdrawal of the appeal.

(d)

A withdrawn appeal cannot be refiled by any party and no decision by the appeal body is necessary.

(e)

If all appeals are withdrawn, the City Manager must issue a Notice of Appeal Withdrawal to the applicant, the appellant, and the parties who received a Notice of Final Decision. The Notice of Appeal Withdrawal must state the new effective date of the original decision is the date of the withdrawal of the appeal(s).

(Ord. 1414-18;12-10-18)