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the commission shall hold a hearing to allow oral arguments on anappeal <br />from a hearings official decision within 30 days of its receipt. The council <br />shal 1 hold a publ i c hearing to al 1 aw oral argument on an appeal from a <br />planning comm~ss~on decision within 40 days of its receipt. At least ten days <br />prior to the hearing the planning department shall mail notice thereof to the <br />applicant, appellant, and persons who requested notice of the previous <br />decision. <br />~2} Unless the applicant and appellant agree to a longer period, <br />the comm~ss~on ar council shall make a decision within ~5 days of the hear- <br />ing. The council may, by order, with findings and conclusions therein, <br />affirm, reverse, or modify the planning commission's decision. The commis- <br />sion may, by order, with findings and conclusions therein, affirm, reverse, <br />ar modify the hearings official's decision. When a decision is reversed or <br />modified, the commission or council shall make findings of fact based on <br />required criteria as to why the previaus decision was in error. The deci- <br />sion on the appeal shall be agreed to by a majority of the members present <br />at the hear? ng. A t~ e p1 ann~ ng commission vote shal 1 result i n affirming <br />the previous decision of the hearings official. <br />~~} The planning department shall mail a notice of the decision <br />to the applicant, appellant, and parties who have requested a copy. <br />8.859 Limitations on Renewal or Refi1in of A lication. When an <br />application has been denied, no new application for the same <br />purpose shall be filed within vne year of the date of the previaus denial, <br />unless the hearings official or planning commmission, for a good cause, <br />grants perm~ss~on to file anew application. <br />5.855 Conflict and Severabilit . <br />~} In any case where a provision of this code is found to be in <br />conflict with a provision of any zoning, building, fire, safety or health <br />ordinance or code ex~st~ng on September 9, ~9G5, the provision which estab- <br />lishes the higher standard for the promotion and protection of the health <br />and safety of the people shall prevail. ~n any case where a provision of <br />this code is found to be in conflict with a provision of any other ordinance <br />or code of the city existing on September 9, X965, which establishes a lower <br />standard for the promotion and protection of the health and safety of the <br />people, the prov~s~ons of this code shall be deemed to prevail, and all <br />other ordinances or caries are declared to be repealed to the extent that <br />they may be found in conflict with this code. <br />~2} If any section, subsection, paragraph, sentence, clause, <br />or phrase of this code should be declared invalid for any reason whatsoever, <br />such decisions shall not affect the remaining portions of this code, which <br />sha]1 remain in full force and effect; and to this end the provisions of <br />this code are hereby declared to be severable. <br />Section Z. The City Recorder, at the request of, ar with the concurrence <br />of the City Attorney, is authorized to administratively correct any reference <br />errors contained herein or in other provisions of the Eugene Code, ~97I, to <br />the provisions amended, added or repealed herein. <br />Ordinance - 2G <br />