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)