§ 17.64.080. Notice of public hearing

A. Notices of public hearing shall be provided to the applicant, affected property owners, agencies and interested parties as required by this chapter.

B. A notice of hearing for a land use action specified by this title shall be provided or mailed to the applicant and to all owners of property located a specified distance from the exterior boundaries of the property for which the land use action is requested, in accordance with the following:

Type of Land Use Action	Distance From Exterior Property Boundary For Which Land Use Action is Requested
Comprehensive plan map amendment	500 feet
Zoning map amendment	300 feet
Conditional use	200 feet
Variance	100 feet
Site plan review: R-2 zone multifamily	100 feet
Site plan review: Highway commercial (CH) zone	200 feet
Site plan review: Other	500 feet
Buffering or screening: Industrial (I) zone	100 feet
Historic structure alteration or demolition	100 feet
Medical hardship manufactured dwelling	100 feet
Residential community plan	200 feet
Special home occupation review	100 feet
Land use change involving N. Santiam River	100 feet
Appeal of zoning official decision	100 feet
Appeal of planning commission decision	Same distance as for land use action being appealed
All land use actions where the subject property is located outside the city urban growth boundary and is not within a farm or forest zone	250 feet
All land use actions where the subject property is located outside the city urban growth boundary and is within a farm or forest zone	500 feet

 

C. For the purpose of providing or mailing notices of public hearings, the city shall use the list of property owners from the most recent property assessment tax roll of the county where the property is located.

D. The notice of hearing shall be provided or mailed at least twenty (20) days before the evidentiary hearing; or if two or more evidentiary hearings are allowed, at least ten (10) days before the first evidentiary hearing.

E. For each public hearing, the city shall prepare an affidavit of notice which certifies that the notice of hearing was provided or mailed as required by this title. The list of owners together with their addresses shall be attached to the affidavit. The affidavit shall be retained with the permanent record of the hearing.

F. Failure of a person to receive notice of a public hearing shall not invalidate such proceeding if the city can demonstrate by affidavit that such notice was given.

G. The notice provisions of this chapter shall not restrict the giving of notice by other means, including mail, the posting of property, publication in a newspaper, radio, television, posting on the city's website or electronic communication.

H. Notice of an application to amend the comprehensive plan or a land use regulation shall be transmitted to the department of land conservation and development.

I. Notice shall also be provided to affected special or school districts, federal, state, county, and regional agencies, any neighborhood or community organization recognized by the city council as having an interest in land use or community development issues as they pertain to a particular neighborhood or to a community of interest within the city.

1. Such agency notice shall be transmitted a minimum of twenty-one (21) days prior to the date of public hearing to allow affected agencies and departments sufficient time to comment on the proposed amendment.

2. All agency and department comments received by the city shall be made a part of the hearing record and shall be considered during the public hearing.

3. Failure of an affected agency or department to receive notice of public hearing on a proposed amendment to the comprehensive plan shall not invalidate a recommendation by the commission or a final decision by the council.

J. If there is a conflict between the notice provisions of this section and the notice provisions as required by state law, notice shall be given as required by state law.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 344 § 2, 2007: Ord. 293 § 1, 2002: Ord. 280 § 4, 2000: Ord. 273 § 10.070, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 363, § 2, 4-24-2012; Ord. No. 369, § 12, 8-13-2013)