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(1) Within 12 days of the date of the mailing of the planning director’s decision, the decision may be appealed to the hearings official or historic review board according to the appeal review authority specified in Table 9.7055 Applications and Review Authorities by the following:

(a) Applicant.

(b) Owner of the subject property.

(c) Neighborhood group officially recognized by the city that includes the area of the subject property.

(d) Any person who submitted written comments in regards to the original application.

(e) A person entitled to notice of the original application.

(f) A person adversely affected or aggrieved by the initial decision.

(2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a fee established pursuant to EC Chapter 2, and be received by the city no later than 5:00 p.m. of the 12th day after the notice of decision is mailed. The record from the planning director’s proceeding shall be forwarded to the appeal review authority. New evidence pertaining to appeal issues shall be accepted.

(3) The appeal shall include a statement of issues on appeal. The appeal statement shall explain specifically how the planning director’s decision is inconsistent with applicable criteria. Appeals of planning director decisions on applications for a permit as defined in ORS Chapter 227 shall not be limited to the issues raised in the appeal statement. Appeals of planning director decisions on all other applications shall be limited to the issues raised in the appeal statement.

(Section 9.7605, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; and amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20693, enacted July 12, 2023, effective August 18, 2023.)