HILLSBORO SUBDIVISION ORDINANCE

ORDINANCE NO. 2808-7-77

ARTICLE VIII

Appeal

Section 1.  Appeal.  An appeal to the City Council or Planning Commission from any final decision of the Planning Commission or Planning Director may be made by filing written notice with the City Recorder within 15 days after such decision is made.  A fee must be submitted with the filed notice of appeal, equal to one-half the fee for the original application.  If the appeal is of the Planning Director’s decision on a tentative subdivision plat application, the amount of the appeal fee shall be one-tenth of the fee for the original application. 

(A)         Notice shall set forth in detail the nature of the decision and the grounds upon which the appeal is being made.

 

(B)         The City Council or the Planning Commission following the filing of said appeal, shall set a time for a hearing on the appeal to be held within 40 days of receipt by the City Recorder.

 

(C)         Unless specifically excepted by the Council or the Commission, appeals shall be based on the record before the Planning Commission or the Planning Director.

1.           The Planning Director’s Record of Decision shall consist of the application materials, comments from department heads and affected agencies, public notification affidavits, public testimony, staff reports, conditions of approval, and supporting findings, and the Notice of Decision.  

 

2.           The Planning Commission’s Record of Decision shall consist of the materials listed in Subsection 1, the minutes and exhibits of the public hearing, and the adopted order and supporting findings.

(D)         Either the City Council or the Planning Commission proceedings, as applicable, shall be conducted in accordance with the rules adopted by that body.  Either the Council or the Commission, as applicable, shall make findings based on the Record before it and testimony received by it, and may uphold, modify, or overturn the earlier Decision.  

 

(E)         An appeal to the City Council of the Planning Commission’s decision, either on a tentative subdivision plat or on appeal of a Planning Director’s decision, may be made by filing written notice with the City Recorder within 15 days of the date of the Decision.  Any such appeal shall be processed according to the requirements of this Section. 

(F)         All final orders made pursuant to the procedures set forth in this Article shall be reviewable by the Circuit Court of the State of Oregon.

 

(Amended by Ord. No. 4134/3-93, 4466/8-96, 5780/8-07, and 5894/12-08.)