March 2019
CITY OF STAYTON
A
PPLICATION TO APPEAL A LAND USE DECISION
APPELLANT:
Address:
City/State/Zip:
Phone: ( ) - Email:
PROPERTY OWNER:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPELLANT’S REPRESENTATIVE:
Address:
City/State/Zip:
Phone: ( ) - Email:
ORIGINAL APPLICANT:
Address:
City/State/Zip:
Phone: ( ) - Email:
DECISION MAKER WHOSE DECISION IS BEING APPEALED:
City Planner Planning Commission
APPEALS BODY TO WHOM APPEAL IS BEING MADE:
Planning Commission City Council
DATE OF DECISION BEING APPEALED ______________________
LAND USE FILE NUMBER ________________________________
1. Basis of appeal (attach additional pages if necessary):
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
2. Identify sections of SMC Title 17 that apply to this appeal: ________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
3. Signature of Appellant: _______________________________________
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DO NOT WRITE BELOW THIS LINE
Appeal received by: _________ Date: ________ Fee Paid: $ _______ Receipt No. ____________
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March 2019
CITY OF STAYTON
APPEAL OF LAND USE DECISION
(SMC 17.12.110)
APPEAL OF ADMINISTRATIVE DECISION:
An administrative decision of the City staff may be appealed to the Planning Commission by an affected party
within 14 days of the mailing of the notice of decision. The notice of appeal shall indicate the nature of the
decision that is being appealed and the matter at issue will be a determination of the appropriateness of the
interpretation of the requirements of this title. The fee for an administrative appeal is $250. If the appellant
prevails, the fee for the hearing shall be refunded.
APPEAL OF PLANNING COMMISSION DECISION:
Following the decision of the Planning Commission, any person aggrieved by the decision of the Commission
has the right to file within 14 days of mailing of notice of the decision, an appeal of that decision. The appeal
shall be in writing and shall clearly state the issue being appealed and the grounds for the appeal. The appeal
shall be placed before the City Council. The Council will consider the appeal and either accept the appeal and
set a date for public hearing, or elect to deny the appeal based on the record. If the Council accepts an appeal
of a Commission action, the Council may at its discretion remand the decision back to the Commission for
further consideration and findings which will then be reported to the Council prior to a final Council decision
on the appeal. The fee for an appeal of a Planning Commission decision is $400.
APPEAL OF COUNCIL ACTION:
Council actions, including a council decision to deny an appeal, may be appealed to the State Land Use Board
of Appeals pursuant to ORS 197.805 through 197.855.
SPECIFICITY:
Issues of appeal must be raised with sufficient specificity before the appeal body to have afforded the
decision authority and the applicant, if appropriate, an adequate opportunity to respond to resolve each
issue.
STAY OF PROCEEDINGS:
When an appeal is filed, it shall stay all proceedings, including issuance of building permits, by all parties in
connection with the matter upon which the appeal is taken until the determination of such appeal is
completed.
REQUIRED SUBMISSIONS
In addition to a completed application form the application for an appeal must include a copy of the decision
that is being appealed, the application for the approval for which the decision was rendered, any appropriate
site plans or other drawings necessary for the appeal body to understand the nature of the appeal, and a
certified list of all property owners within 300 feet of the property for which the appeal has been filed, dated
within 60 days of the date on which the appeal is filed. Two copies of the list shall be submitted, on adhesive-
backed mailing labels.