§ 17.44.050. Notice of public hearing.  


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  • When the City Council or Planning Commission is required to hold a public hearing related to land use action and/or amendment or addition to this title, the notice of formal public hearing shall be given by the City Recorder and/or Deputy Recorder in the following manner, except where other notice requirements are required by the statutes of the State of Oregon:

    A.

    Notice of a public hearing for any purpose except to change or interpret the text of this title shall be published in a newspaper of general circulation in the City at least ten days prior to the date of the hearing and notices shall be placed in at least three conspicuous places including the City Hall, the post office, and the property being considered for review.

    B.

    If an application would change the zone of the property which includes all or part of a mobile home park as defined by ORS 446.003, the governing body shall give written notice by first class mail to each existing mailing address for tenants of the mobile home park at least twenty days, but not more than forty days, before the date of the first hearing on the application. The failure of a tenant to receive a notice which was mailed shall not invalidate any zone change.

    C.

    Each notice of a public hearing regarding an amendment of the text of this title shall be published at least three times in a newspaper of general circulation in the City during the three weeks prior to the date of hearing.

    D.

    Each notice of a public hearing regarding an interpretation to the text of this title shall be published in a newspaper of general circulation in the City at least ten days prior to the date of the hearing.

    E.

    Notice shall also be by mailing a written notice to affected property owners not less than twenty days prior to the date of the hearing. The affected property owners shall be the owners of real property within a specified distance from the exterior boundaries for various subject property. Specified distance for various types of land use action are as follows:

    1.

    Conditional use permits, one hundred feet;

    2.

    Variance, one hundred feet;

    3.

    Temporary building/user permit, one hundred feet;

    4.

    Subdivisions/planned developments, two hundred feet;

    5.

    Nonconforming use changes or expansions, one hundred feet;

    6.

    Annexations/withdrawals, two hundred feet;

    7.

    Comprehensive plan amendments (map), two hundred feet;

    8.

    Vacations, street or plat, described in ORS 271.080 (2);

    9.

    Zone ordinance amendments (map), two hundred feet;

    10.

    Appeal of a Planning Commission action, the same as the action being appealed.

    F.

    Notice of the hearing governed by this section shall be provided to the applicant and to owners of record of property on the most recent property tax assessment roll where such property is located.

    G.

    The Planning Commission and/or City Council may recess a hearing in order to obtain additional information, or to serve further notice by mail upon property owners or persons the Commission or Council decided may be interested in the proposal being considered. Upon recessing, the date, time and place of the hearing to be resumed shall be announced and no additional notice shall be necessary.

(Ord. 133 § 1, 1992: Ord. 106 § 10.040, 1987)