NOTICES

§ 155.140 NOTICES AND APPLICATION PROCEDURES.

   The City Administrator or his or her designee shall give notice of a public hearing on a conditional use, variance, or quasi-judicial change to the zoning map or any other public hearing required by this chapter to all property owners within the applicable radius for notices as specified in § 155.141, and to such other parties as are deemed affected by the proposed change. Notice shall be by first-class mail or personal service with proof of delivery. Notice shall be mailed or delivered not less than 20 days, but not more than 40 days, prior to the date set for the first public hearing on the application, or not less than ten days for applications requiring more than one evidentiary hearing. Names and addresses of property owners shall be those shown in the records of the Union County Assessor.

(Ord. 491, passed 6-13-2005; Ord. 509, passed 2-11-2008)

§ 155.141 RADIUS FOR NOTICES.

   The radius for notices shall be within 300 feet of the exterior boundaries of the subject property, if the subject property is in the city limits but not in a farm or forest zone; or within 500 feet of the exterior boundaries of the subject property, if the subject property is in a Farm or Forest Zone (O.R.S. 197.763(2)(a)).

(Ord. 491, passed 6-13-2005)

§ 155.142 CONTENT OF NOTICES.

   Notices to property owners shall:

   (A)   Explain the nature of the application and the proposed use or uses which could be authorized (O.R.S. 197.763(3)(a));

   (B)   List the applicable criteria from the Zoning Ordinance and land use plan that apply to the application (O.R.S. 197.763(3)(b));

   (C)   Set forth the street address or other easily understood geographical reference to the subject property (O.R.S. 197.763(3)(c));

   (D)   State the date, time, and location of the hearing (O.R.S. 197.763(3)(d));

   (E)   State that the failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue (O.R.S. 197.763(3)(e));

   (F)   Include the name of the local government representative to contact and the telephone number where additional information may be obtained (O.R.S. 197.763(3)(g));

   (G)   State that a copy of the application, all documents and evidence relied upon by the applicant, and the applicable criteria are available for inspection at no cost and will be provided at reasonable cost (O.R.S. 197.763(3)(h));

   (H)   If any staff report is to be used at the hearing, state that a copy of the staff report will be available at no cost at least seven days prior to the hearing and will be provided at reasonable cost (O.R.S. 197.763(3)(i)); and

   (I)   Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings (O.R.S. 197.763(3)(j)).

(Ord. 491, passed 6-13-2005)

§ 155.143 POSTING AND PUBLISHING OF NOTICES.

   In addition to the individual notices to landowners required by this subchapter, the City Administrator shall also cause notice of the Planning Commission's hearing to be posted not less than 20 days prior to the date set for the Planning Commission's hearing in not less than two public places in the city; and cause notice of the said hearing to be published in a newspaper of general circulation within the city.

(Ord. 491, passed 6-13-2005)

§ 155.144 FAILURE TO RECEIVE NOTICE.

   Failure of a person to receive notice shall not invalidate any proceedings for which notice has been given under this subchapter.

(Ord. 491, passed 6-13-2005)

§ 155.145 REVIEW OF APPLICATIONS.

   An application shall be submitted to the City Administrator on forms provided by the city and with narrative explanation and plans sufficient to determine compliance with city requirements and any other applicable requirements. An application may include, or be required to include, a traffic analysis, environmental report, or other professional report pertaining to conditions specific to the property or the proposed development (see O.R.S. 227.178 and § 155.194).

   (A)   Review for completeness. Within 30 days of receiving the application, the City Administrator shall review the application to determine whether all documents and plans necessary for review of the application have been submitted. If all required and necessary documents and plans have been submitted, a notice shall be provided to the applicant stating that the application has been declared complete and identifying a tentative date for public hearing. The date of the notice of complete application is the beginning date for the 120-day period in which the city must reach a final local decision. If all required and necessary documents and plans have not been submitted, a notice shall be provided to the applicant stating that the application is not complete, identifying the documents, plans, and any other information necessary to make the application complete for review, and noting that all information must be provided within 180 days from the date that the application was filed or the application will be deemed withdrawn, with no further action take by the city. The applicant may, in a written response, refuse to provide the requested additional information and request that the city proceed with review of the application.

   (B)   Decision and final order. The decision-maker, whether Planning Commission or City Council, shall adopt a decision and final order which will identify the facts and conclusions upon which the decision is based, consistent with § 155.122 and additional requirements of this section. A notice of decision shall be mailed to the applicant and other parties, with the following information:

      (1)   Applicable criteria and standards;

      (2)   A statement of facts as determined by the hearing body;

      (3)   The reasons for the conclusion to approve or deny the application; and

      (4)   A statement identifying the procedure for an appeal of the decision.

(Ord. 509, passed 2-11-2008)