Chapter 19.32
PUBLIC NOTICE
Sections:
19.32.010 Purpose.
The purpose of public notice is to provide an opportunity for affected or interested persons to participate in Josephine County’s land use review and decision-making process. [2005 RLDC § 32.010.]
19.32.020 Notice schedule.
A. The Planning Director shall determine the type of notice required for each decision, and may provide additional notice, in such a way that all persons reasonably determined to be potentially affected by a local land use decision receive actual notice.
B. The notice requirements for the various types of land use, development, and land division decisions are set forth in JCC 19.32.030 through 19.32.060. [2005 RLDC § 32.020.]
19.32.030 Mailed notice.
A. Notice Prior to Decision. All quasi-judicial land use procedures shall include notice of the proposed action by first class mail at least 15 days prior to the date of review for all applications processed by the Planning Director without a hearing, or 20 days prior to hearings before the Hearings Officer, Planning Commission or Board of County Commissioners.
1. Persons and Organizations. Notice prior to decision shall be given to the following persons and organizations:
a. The applicant and subject property owner;
b. To all property owners, or contract purchasers of record, as shown on the more recent property tax assessment role where such property is located:
[1] Within 100 feet of the property which is the subject of the notice where the property is wholly or in part within an urban growth boundary;
[2] Within 250 feet of the property which is the subject of the notice where the property is outside an urban growth boundary and not within a farm or forest zone;
[3] Within 750 feet of the property which is the subject of the notice where the property is within a farm or forest zone;
[4] To each mailing address for tenants of a mobile home park for an application involving property encompassing all or part of a mobile home park. The applicant shall provide a mailing list of all tenants of the park;
[5] To a public airport owner for a zone change if:
[A] The zone could permit development of a structure greater than 35 feet in height, and the property is inside the runway “approach surface” as defined by the Oregon Department of Transportation; and
[B] The subject property is within 5,000 feet of the side or end of a runway.
[6] To all property owners within 1,500 feet of a parcel when a change of comprehensive plan designation and zone change, or a zone change is proposed;
[7] To all property owners within 1,500 feet of a proposed quarry, mining, or processing operation;
[8] To the Citizen Advisory Committee, if any are certified in the area the application is located;
[9] Mailed notice may be given to additional individuals and organizations whenever the Planning Director or Hearing Body determines the additional notice is necessary or helpful to provide fair and effective notice to those who may be adversely affected by the proposed land use decision.
[10] Public agencies providing transportation facilities or services, metropolitan planning organizations and the Oregon Department of Transportation if the proposed land use action will affect the agency’s transportation facilities.
2. Content of Notice Prior to Decision. Notices given prior to decisions made by the Planning Director, Hearings Officer, Planning Commission and Board of Commissioners shall contain the following information:
a. The date, time, and location of the hearing;
b. Nature of the application and the proposed use or uses which could be authorized;
c. A list of the applicable criteria from the comprehensive plan, this title, and state goals by reference only. A statement shall be included indicating where the criteria can be viewed or copies purchased;
d. A description of the subject property, reasonably calculated to give notice of its actual location;
e. A statement that failure to raise an issue in a hearing, in person or by letter, with sufficient specificity to afford the Review or Hearing Body an opportunity to respond to the issue precludes a local or LUBA appeal based on that issue (“Raise It or Waive It”);
f. Name of a local government representative to contact and the telephone number where additional information may be obtained;
g. Statement that a copy of the application, all documents and evidence relied upon the applicant and applicable criteria are available for inspection at no cost and copies will be provided at a reasonable cost;
h. Statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and copies will be provided at a reasonable cost;
i. A general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings.
B. Notice after Decision.
1. Planning Director Decisions Made without a Hearing. In cases where the Planning Director makes quasi-judicial land use decisions without a public hearing, the Director shall cause written notice of the decision to be mailed to all persons and organizations as listed in subsection (A)(1) of this section, together with any other additional persons or organizations who will be adversely affected by the proposed decision. The content of the notice shall include, at a minimum, all of the following information:
a. An explanation of the nature of the application and the uses that will be authorized by an approval;
b. The street address or other information that clearly describes the location of the proposed use;
c. The name, telephone number and address of the planner or other person who can be contacted for information about the decision;
d. An explanation that copies of the application, documents, evidence and standards and criteria involved in the decision can be inspected and copied;
e. An explanation that any person who is adversely affected or aggrieved, or who is entitled to receive notice, may appeal the decision pursuant to the requirements of Chapter 19.33 JCC (Appeal of Decisions) within 12 days from the date of the Planning Director’s decision;
f. An explanation that the decision will not become final until the period for appeal has expired without an appeal;
g. An explanation that any person who is mailed notice of the decision cannot appeal directly to LUBA; and
h. The appeal hearing shall be a de novo hearing (that is, a fully open, evidentiary hearing that is held “of new”).
2. Hearings Officer, Planning Commission and Board of Commissioner Decisions Made after a Hearing. Notice of the final action on a quasi-judicial land use request made at the conclusion of a public hearing shall be given to all participants who established party status in the hearing pursuant to JCC 19.31.100. [2005 RLDC § 32.030.]
19.32.040 Published notice.
Notice by publication shall be given for any quasi-judicial land use application that proposes to change the zone or plan maps for specific properties. Published notice shall also be given for any legislative land use action that proposes to amend any element of the County’s comprehensive plan (maps, databases, goals and policies, land use regulations, etc.). In all such cases, 10 days’ advance notice of the hearing shall be published in a newspaper of general circulation in the County or, in the case the plan as it is to be heard concerns only part of the County, it is published in the territory so concerned. [2005 RLDC § 32.040.]
19.32.050 Continuances.
Hearings may be continued when necessary to gather additional information, to visit sites, or to respond to new testimony or other evidence presented in a first or subsequent hearing. Additional or further notice shall not be required as long as the date, time and place for the continuation is made during a duly noticed hearing. If an application is continued without setting a date, time and place certain during a duly noticed hearing, the continued hearing shall be noticed in full compliance with the requirements of this chapter. New notice required for a continuance may require a renoticing notice fee as required by the Hearing Body. [2005 RLDC § 32.050.]
19.32.060 Receipt of notice.
Failure of any person or organization to receive notice shall not nullify a land use decision. [2005 RLDC § 32.060.]