A.   At the time an application, that in the judgment of the planning director requires a hearing, is complete, a hearing date shall be set.

   B.   A staff report shall be completed seven (7) days prior to the hearing.

   C.   A copy of the staff report shall be mailed to the applicant, made available to such other persons who request a copy and shall be filed with the hearings body.

   D.   Oral or written modifications and additions to the staff report shall be allowed prior to or at the hearing. (Ord. 86, 12-7-1993)

   A.   The following shall serve as the hearings body in this order:

      1.   Planning director.

      2.   Planning commission, where the planning commission initiates a review of an administrative action or planning director's decision pursuant to section 6-12-1 of this title.

      3.   County court.

   B.   Where the planning director must decline to hear a matter on the grounds of a conflict of interest, the planning commission shall substitute for the planning director. (Ord. 86, 12-7-1993)

   A.   Individual Mailed Notice:

      1.   Except as otherwise provided for herein, notice of a land use application, other than for a utility facility line, shall be mailed at least twenty (20) days prior to the hearing for those matters set for hearing, or within twenty (20) days after receipt of a complete application for those matters to be processed administratively with notice. Written notice shall be sent by mail to the following persons:

         a.   The applicant.

         b.   Owners of record of property as shown on the most recent property tax assessment roll of property located:

            (1)   Within one hundred feet (100') of the property that is the subject of the notice where any part of the subject property is within an urban growth boundary.

            (2)   Within two hundred fifty feet (250') of the property that is the subject of the notice where the subject property is outside an urban growth boundary and not within a resource lands zone.

            (3)   Within five hundred feet (500') of the property that is the subject of the notice where the subject property is within a resource lands zone.

         c.   The owner of a public use airport if the airport is located within ten thousand feet (10,000') of the subject property.

         d.   The tenants of a manufactured home park when the application is for the rezoning of any part or all of a manufactured home park.

         e.   The planning commission.

         f.   The Oregon department of transportation (ODOT). (Ord. 125, 6-20-2000)

      2.   Notwithstanding subsection A1b(1) of this section, all owners of property within five hundred feet (500') of property that is the subject of a plan amendment application or zone change application shall receive notice.

      3.   The failure of a property owner to receive mailed notice shall not invalidate any land use approval.

   B.   Published Notice: In addition to notice by mail and posting, notice of a hearing shall be published in a newspaper of general circulation in the county at least twenty (20) days prior to the hearing.

   C.   Media Notice: Copies of the notice of the hearing shall be transmitted to other newspapers published in Malheur County. (Ord. 86, 12-7-1993)

   A.   All mailed notices of a land use action hearing or a land use action application subject to administrative decision shall:

      1.   Describe the nature of the application and the proposed use or uses which could be authorized;

      2.   List the applicable criteria from this title and the comprehensive 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, or the date by which written comments must be received;

      5.   State that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony;

      6.   If a hearing is to be held, state that any interested person may appear;

      7.   Statement that the 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 county court or the land use board of appeals based on that issue;

      8.   The telephone number of the director and that the director is the person to contact for additional information;

      9.   A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;

      10.   A statement that a copy of the staff report will be available for inspection at no cost at least seven (7) calendar days prior to the hearing and will be provided at reasonable cost; and

      11.   All mailed notices shall contain the following statement:

   B.   All mailed and published notices for hearing shall contain a statement that recipients may request a copy of the staff report.

   C.   All mailed and published notices concerning applications and necessitating an exception to one of the statewide land use planning goals shall state that a goal exception is proposed and shall summarize the issues in an understandable manner. (Ord. 86, 12-7-1993)

The burden of proof is upon the one seeking change. (Ord. 86, 12-7-1993)

All relevant evidence shall be received. (Ord. 86, 12-7-1993)

The hearings body may set reasonable time limits on oral testimony. (Ord. 86, 12-7-1993)

   A.   Any interested person may appear and be heard in a land use action hearing.

   B.   Any person appearing on the record at the hearing or presenting written evidence in conjunction with an administrative action or hearing, and gives his or her name and address, shall have standing and be a party. (Ord. 86, 12-7-1993)

   A.   A magnetic tape recording of the hearing shall be made.

   B.   All exhibits presented shall be marked to show the identity of the person offering the exhibit.

   C.   Exhibits shall be numbered in the order presented in two (2) categories, proponents and opponents, and shall be dated.

   D.   When exhibits are introduced, the proponent or opponent exhibit number or letter shall be read into the record. (Ord. 86, 12-7-1993)

Prior to making a decision, the hearings body or any member thereof shall not communicate directly or indirectly with any party or his representative in connection with any issue involved in a pending hearing except upon notice and opportunity for all parties to participate. Should such communication - whether written or oral - occur, the hearings body member shall:

   A.   Publicly announce for the record the substance of such communication; and

   B.   Announce the parties' right to rebut the substance of the ex parte communication during the hearing.

Communication between County staff and the hearings body shall not be considered to be an ex parte contact. (Ord. 86, 12-7-1993)

Prior to or at the commencement of a hearing, any party may challenge the qualification of the hearings body, or a member thereof, for bias, prejudgment or personal interest. The challenge shall be made on the record and be documented with specific reasons supported by facts. Should qualifications be challenged, the hearings body or the member shall disqualify itself, withdraw or make a statement on the record of its capacity to hear. A Planning Commission member with a conflict identified under ORS 215.035 must disqualify him or herself after disclosure. (Ord. 86, 12-7-1993)

A hearing shall be conducted as follows:

   A.   Explanation Of Purpose: The hearings body shall explain the purpose of the hearing and announce the order of the proceedings, including reasonable time limits on presentations by parties.

   B.   Statement: A statement by the hearings body regarding pre-hearing contacts, bias, prejudice or personal interest shall be made.

   C.   Facts Received Outside Of Hearing: Any facts received, noticed or recognized outside of the hearing shall be stated for the record.

   D.   Challenges: Challenges to the hearings body's qualifications to hear the matter shall be stated and challenges entertained.

   E.   Applicable Substantive Criteria: The hearings body shall list applicable substantive criteria, explain that testimony and evidence must be directed toward that criteria or other criteria in the Comprehensive Plan or land use regulations that the person believes to apply to the decision, and that failure to address an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond precludes appeal to the Land Use Board of Appeals based on that issue.

   F.   Order Of Presentation:

      1.   Open the hearing.

      2.   Staff report.

      3.   Proponent's presentation.

      4.   Opponent's presentation.

      5.   Proponent's rebuttal. (Ord. 86, 12-7-1993)

      6.   Staff comment.

      7.   Questions from or to the Chair may be entertained at any time at the hearings body's discretion.

      8.   Close the hearing. (Ord. 86, 12-7-1993; amd. Ord. 218, 1-30-2019)

   G.   Record Available: The record shall be available for public review at the hearing. (Ord. 86, 12-7-1993)

(Rep. by Ord. 148, 4-14-2004)

(Rep. by Ord. 148, 4-14-2004)

Any objections not raised prior to the close of the oral testimony are waived. (Ord. 86, 12-7-1993)