Title 17 DEVELOPMENT CODE
Chapter 17.192 PUBLIC NOTICE REQUIREMENTS
17.192.010 Type I actions.
17.192.020 Type II and Type III actions.
17.192.030 Type IV actions.
17.192.040 Notice for appeals.
17.192.050 Notice requirements.
17.192.010 Type I actions.
Written notice of any Type I decision shall be mailed to the
applicant.
(Ord. 619, 2003)
17.192.020 Type II and Type III actions.
A. Notice of any public hearings before the planning commission or city
council for a Type II or Type III land use action required by this title shall
be published in a newspaper of general circulation in the city at least twenty
(20) days prior to the public hearing. Notice for annexations shall be as set
forth in Chapter 17.184.
B. Written notice of the initial public hearing
shall be mailed at least twenty (20) days prior to the hearing date to the
owners of property within two hundred (200) feet of the boundaries of the
subject property. Applicants shall be responsible for providing a certified list
of property owners within the notice area prepared by Yamhill County or a title
company. The list must be current within the last thirty (30) days. (Ord. 619,
2003)
17.192.030 Type IV actions.
A. Where a Type IV action is scheduled a ten (10) day published notice
shall be required.
B. In addition, written notice of the first public
hearing shall be mailed at least twenty (20) days but not more than forty (40)
days prior to the hearing date to all owners of property within the city whose
property would be rezoned by a Type IV action that amends or adopts new
provisions to this development code, limit or prohibit land uses previously
allowed in an affected zone. If the Type IV action is pursuant to a requirement
of periodic review, notice shall be mailed at least thirty (30) days prior to
the first public hearing.
C. If the Type IV action is zone change that
includes all or part of a mobile home or manufactured dwelling park as defined
in ORS 446.003, written notice shall be provided to each existing mailing
address for tenants of the mobile home or manufactured. (Ord. 619,
2003)
17.192.040 Notice for appeals.
Notice of hearings on appeal to the city council shall be pursuant to
Section 17.192.020, and shall include written notice at least ten (10) days
prior to hearing to the appellant, the applicant and any other individuals who
received notice of the original decision. (Ord. 619, 2003)
17.192.050 Notice requirements.
A. Public notices for Type II and III actions shall:
1. Explain
the nature of the application and the proposed use or uses that could be
authorized;
2. Cite the applicable criteria from this title and the plan
that apply to the application at issue;
3. Set forth the street address
or other easily understood geographical reference to the subject
property;
4. State the date, time and location of the
hearing;
5. State that 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;
6. Include the name of the city
representative to contact and the telephone number where additional information
may be obtained;
7. State that a copy of the application, all documents
and evidence relied upon by the applicant and application criteria are available
for inspection at no cost and a copy will be available at reasonable
cost;
8. State that a copy of the staff report will be available for
inspection at no cost at least seven days prior to the hearing and a copy will
be provided at reasonable cost;
9. Include a general explanation of the
requirements for submission of testimony and the procedure for conduct of
hearing.
B. Public notices for Type IV actions that “rezone
property” as defined by ORS 227.186(9), shall be approved in advance by
the city council and shall be mailed to the owner of each lot or parcel of
property that the ordinance proposes to rezone, at least twenty (20) days, but
not more than forty (40) days, before the date of the first public hearing. The
notice shall:
1. Include the following language in boldfaced type
extending from the left-hand margin to the right-hand margin across the top of
the face page of the notice:
This is to notify you that the City of Carlton has proposed a land use
regulation that will affect the permissible uses of your land.
2. Include in the body of the notice:
On (date of public hearing), the City of Carlton will hold a public hearing
regarding the adoption of Ordinance Number _____. The City of Carlton has
determined that adoption of this title will affect the permissible uses of your
property and may reduce the value of your property.
Ordinance Number _____ is available for inspection at the Carlton City Hall
located at 191 E. Main Street. A copy of Ordinance Number _____ also is
available for purchase at a cost of _____.
For additional information concerning Ordinance Number _____, you may call
the Carlton City Recorder 503-852-_____.
3. If notice is pursuant to a requirement of periodic review, the body
of the notice shall include in lieu of subsection (B)(2) of this
section:
As a result of an order of the Land Conservation and Development
Commission, has proposed Ordinance Number _____. The City of Carlton has
determined that adoption of this title will affect the permissible uses of your
property and may reduce the value of your property.
Ordinance Number______ will become effective on _______________.
Ordinance Number _____ is available for inspection at the Carlton City Hall
located at 191E. Main Street. A copy of Ordinance Number _____ also is available
for purchase at a cost of _____.
For additional information concerning Ordinance Number _____, you may call
the Carlton City Recorder 503-852-_____.
C. Notice of public hearing by the planning commission or city council
on any Type IV action shall be published in a newspaper of general circulation a
minimum of ten (10) days prior to the date of the hearing.
D. Notice of
a Type IV hearing shall be provided to the Oregon Department of Land
Conservation and Development at least forty-five (45) days prior to the first
evidentiary hearing by the city on any Type IV action. (Ord. 622,
2004)
<< previous | next >>