The requirement for notice to affected property owners, governmental agencies, public utility or service providers, and any other person, agency, or organization that has filed with the Director a request to receive notices of hearings and has paid a reasonable fee to cover the cost of providing notice is intended to provide those persons and entities an opportunity to comment on a proposed development and to afford interested parties the opportunity to participate in the land use decision making process.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Where a Type II quasi-judicial decision is required by this Code, notice shall be mailed to the following:

A.

The applicant or authorized agent;

B.

Any person who owns property within 300 feet of the development site;

C.

ODOT, when the site is located within 200 feet of an ODOT facility, including right-of-way, and maintenance yards;

D.

Sandy Area Metro (SAM), when the site is located within 200 feet of a SAM facility;

E.

Any other person, agency, or organization that may be designated by the Code;

F.

Interested parties, such as counties, state agencies, or public utility or service providers that may be affected by the specific development proposal shall receive notice of the scheduled public hearing;

G.

Additional notices may also be mailed to other property owners or posted as determined appropriate by the Director and based on the impact of the proposed development.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Where a Type III quasi-judicial decision is required by this Code, notice shall be mailed to the following:

A.

The applicant or authorized agent;

B.

Any person who owns property within 500 feet of the development site, except an application for annexation requires notice to the owner(s) of property that is within 1,000 feet of the subject property;

C.

ODOT, when the site is located within 200 feet of an ODOT facility, including right-of-way, and maintenance yards;

D.

Sandy Area Metro (SAM), when the site is located within 200 feet of a SAM facility.

E.

Tenants of any existing manufactured-dwelling park for which a zoning district change is proposed;

F.

Any other person, agency, or organization that has filed with the Director a request to receive notices of hearings and has paid a reasonable fee to cover the cost of providing notice;

G.

Any other person, agency, or organization that may be designated by the Code;

H.

Any other person, agency, or organization that may be designated by the City Council or its agencies;

I.

Any other resident owner of property whom the Director determines is affected by the application;

J.

Any neighborhood or community organization recognized by the governing body and whose boundaries include the site;

K.

Interested parties, such as counties, state agencies, or public utility or service providers that may be affected by the specific development proposal shall receive notice of the scheduled public hearing;

L.

Additional notices may also be mailed to other property owners or posted as determined appropriate by the Director and based on the impact of the proposed development.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

The Oregon Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed Comprehensive Plan amendments and Development Code amendments before the first evidentiary hearing in accordance with OAR 660-018-0020. The notice to DLCD shall include an affidavit of transmittal.

B.

Notice shall be sent by mail at least 20 days, but not more than 40 days, prior to the first evidentiary hearing to owners of property if the proposed action would "rezone" the property according to ORS 227.186.

C.

Additional notices may be mailed to other property owners or posted as determined appropriate by the Director based on the impact of the proposed development.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The notice provided by the City shall:

A.

Explain the nature of the application and the proposed use or uses which could be authorized;

B.

List the applicable criteria from the Comprehensive Plan, if any, and the Development Code that apply to the application:

1.

Nature of the proposed development and the proposed uses that could be authorized;

2.

Legal description, address, or tax map designations;

3.

Map showing the location of a zoning change, subdivision, or proposed development;

4.

Name and telephone number of a staff member from whom additional information can be obtained;

5.

Where a zone change or subdivision is proposed, the notice shall include the statement that the hearing body may consider modifications to what was requested by the applicant.

C.

Set forth the street address or other easily understood geographical reference to the subject property;

D.

State the date, time, and location of the hearing or the date by which written comments may be submitted, as applicable to the type of land use action;

E.

For quasi-judicial notices, state that failure to raise an issue, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, prior to the closing of the record of the proceeding, precludes an appeal based on that issue;

F.

State that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at a reasonable cost;

G.

For quasi-judicial notices, state that a copy of the staff report will be available for inspection at no cost at least seven calendar days prior to the hearing and will be provided at a reasonable cost; and

H.

Include a general explanation of the requirements for submission of testimony and the procedures for conducting the hearing.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Type III and Type IV notices must be mailed at least:

1.

Twenty days before the evidentiary hearing; or

2.

If two or more evidentiary hearings are allowed, ten days before the first evidentiary hearing.

B.

Type II Limited Land Use Decision notices must be mailed at least:

1.

Fourteen days in advance of a pending Type II decision.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A general legal notice containing a link to the City's webpage that lists upcoming public hearings shall be published in a newspaper of general circulation at least once per month. Upcoming Type III and IV public hearings, except for hardship permits per Chapter 17.70, shall be posted to the City's social media page a minimum of five days prior to the hearing.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Where a hearing is continued to a date certain, no additional notice need be given.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The applicant shall provide a certified list of property owners and mailing labels as required by notice provisions of this Code. Unless otherwise provided, addresses for a mailed notice shall be obtained from the County's real property tax records. Unless the address is on file with the Director, a person whose name is not in the tax records at the time of filing of an application, or of initiating other action not based on an application, need not be furnished mailed notice.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Notice of the final decision for a Type II, III, or IV application shall be mailed to the following:

1.

Applicant.

2.

Owner of the subject property.

3.

Any group or individual who submitted written or verbal testimony during the comment period or at a hearing on the application.

4.

Those groups or individuals who requested notice of the decision.

B.

The notice shall include all of the following:

1.

A description of the nature of the decision.

2.

An explanation of the nature of the application and the proposed use or uses which could be authorized.

3.

The street address or other easily understood geographical reference to the subject property.

4.

The name of a City representative to contact and the telephone number where additional information may be obtained.

5.

A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost and will be provided at reasonable cost.

6.

A statement that the applicant and any person or organization that submitted written comments during the comment period may appeal as provided in Chapter 17.28.

7.

A statement that the decision will not become final until the period for filing a local appeal has expired.

C.

Unless appealed according to the procedures in Chapter 17.28, the decision is effective on the 12 ^th day after the final order is issued and the notice of the decision is mailed.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Within ten days of the City's determination that an application is complete, but at least 20 days before the Director makes a decision, written notice of the application shall be mailed to all of the following, using information from the most recent property tax assessment roll:

1.

Applicant.

2.

Owners of the subject property.

3.

Owners of properties located within 100 feet of the perimeter of the subject property.

4.

Interested parties that have submitted written requests for notification.

5.

Any state agency, local government, or special district responsible for providing public facilities or services to the subject property.

B.

The notice shall include all of the following:

1.

The street address or other easily understood geographical reference to the subject property.

2.

The applicable criteria for the decision.

3.

The place, date, and time that comments are due.

4.

A statement that copies of all evidence relied upon by the applicant are available for review and can be obtained at cost.

5.

A statement that issues that may provide the basis for an appeal to the municipal judge must be raised in writing prior to the end of the comment period and with sufficient specificity to enable the municipal judge to respond to the issue.

6.

The name and phone number of a City contact person.

7.

A brief summary of the local decision-making process for the decision being made.

C.

The notice shall allow a 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the City within that 14-day period.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Within 63 days from the date an expedited or middle housing land use application was deemed complete, notice of the decision shall be mailed to the following:

1.

Applicant.

2.

Owners of the subject property.

3.

Owners of properties located within 100 feet of the perimeter of the subject property.

4.

Interested parties that have submitted written requests for notification.

5.

Any state agency, local government, or special district responsible for providing public facilities or services to the subject property.

B.

The notice shall include all of the following:

1.

A description of the nature of the Director's decision.

2.

An explanation of the nature of the application and the proposed use or uses which could be authorized.

3.

The street address or other easily understood geographical reference to the subject property.

4.

The name of a City representative to contact and the telephone number where additional information may be obtained.

5.

A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost and will be provided at reasonable cost.

6.

A statement that the applicant and any person or organization that submitted written comments during the comment period may appeal as provided in Chapter 17.28.

7.

A statement that the decision will not become final until the 14-day period for filing a local appeal has expired.

C.

Unless appealed according to the procedures in Chapter 17.28, the Director's decision is effective on the 15 ^th day after the final order is issued and the notice of the decision is mailed.

(Ord. No. 2022-07, § 3(Exh. C), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)