18.56.120 Appeals.
(1) Land use or limited land use administrative decisions are appealable to the planning commission. Land use or limited land use decisions of the planning commission are appealable to the city council. The city council may designate a hearings officer to conduct the hearing; in that case, city council shall review the record and the hearings officer’s recommendation to make their decision. Land use or limited land use decisions of the city council are appealable to the Oregon Land Use Board of Appeals. A decision is a land use decision if it results in a significant impact on the present or future land uses in the area or if the decision concerns the adoption, amendment, or application of statewide planning goals, a comprehensive plan provision, or a land use regulation. A decision is a limited land use decision if it falls under ORS 197.015(12).
(a) All appeals shall be filed with the city planning commission within 10 days of the date that notice of the decision is mailed to the parties of record.
(b) Appeals must be submitted on appeal forms provided by the city and clearly identify the issues of appeal, the party status of the appellant, the applicable review criteria and include the appropriate appeal fee.
(c) Failure to raise an issue either orally or in writing at a public hearing concerning the matter precludes appeal based on that issue.
(d) Once a final decision has been reached on appeal by the city council, that issue is precluded from subsequent hearing by the city.
(2) Procedures for appeals to the city council under this title shall be the same as those for appeals of planning commission decisions and are set forth in NBCC 18.70.160. (Ord. 2004 § 2, 2016; Ord. 1952 § 1(4), 2006)