10.124 Due Process Element 2: Notification

10.124 Due Process Element 2: Notification.

(1) Content of Public Hearing Notice/Notice of Decision. The Public Hearing/Decision notice 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 Code and the Comprehensive Plan that apply to the application at issue;

(d) State the date, time and location of the hearing; or, for Type II applications, state the date the decision will be rendered;

(e) State that failure to raise an issue 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 based on that issue;

(f) Include the name of a local government representative to contact and the telephone number where additional information may be obtained;

(g) State 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;

(h) State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; or for a Type II application the staff report will be available on the day the decision is rendered; and

(i) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings, when applicable.

(2) Public Notice Signs. On-Site Posting. Public notice signs shall be posted on the project site for any proposed Type II, III or IV (minor) land use actions according to the following:

(a) Contents of sign. Public notice signs shall include a description of the proposed land use action, the date of the public hearing or decision date, and the City of Medford file number for the proposed land use action.

(b) Location and number of signs. A posted public notice sign must be placed on each existing street frontage of the project site. If a frontage is over 600 feet long, a public notice sign is required for each 600 feet, or fraction thereof. Public notice signs must be posted within 10 feet of a street lot line and must be visible to pedestrians and motorists. Public notice signs may not be posted in a public right-of-way, unless the land use action specifically pertains to a public right-of-way. If posting must occur in the right-of-way, care should be taken to comply with Section 10.735, Clear View of Intersecting Streets.

(c) Sign posting schedule. The required sign(s) shall be posted as specified in Table 10.124-1. Posted signs shall be removed within 10 days following the final decision.

(a) Notice of Type II Land Use Action. In the case of Type II land use actions where there is no public hearing, notification shall be mailed to the applicant and all affected property owners within 14 calendar days of deeming an application complete pursuant to Section 10.122.

(i) Notice of Public Comment Period, Type II. The Planning Director shall provide a 14-day period for submission of written comments prior to making a decision on any application requiring a Type II land use action.

(ii) Notice Area, Type II. The Planning Director shall mail notice of the public comment period to the following:

(A) The applicant.

(B) Property owners within 200 feet (or 100 feet for expedited land division and middle housing land division reviews) of the entire contiguous site for which the application is made. This list shall be compiled from the most recent property tax assessment roll.

(D) Public agencies which provide transportation facilities and services, such as Jackson County and the Oregon Department of Transportation (ODOT), for all partitions which affect private access to roads.

(E) For expedited land divisions, this shall include any state agency, local government, or special district responsible for providing public facilities or services to the development.

(iii) Notice of Comment Period Content, Type II. The notice shall:

(A) State that issues which may provide the basis for an appeal shall be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue.

Note: The above language is required by ORS 197.195 for Limited Land Use Decisions, even though the procedures provide for appeal of a Type II decision to the Planning Commission, or City Council for Site Plan and Architectural Review (SPAR) – Type II, through a de novo hearing, which allows new issues to be raised and allows the introduction of new evidence. The ‘notice of comment period’ and ‘notice of decision’ language below is slightly different than the statutory language to reflect the fact this code allows for local appeal.

(B) List, by commonly used citation, the applicable criteria for the decision.

(D) Provide a project description that clearly describes the proposal and what is being requested.

(E) Identify the street address or other easily understandable geographical reference of the location of the site under review.

(F) State the place, date and time the comments are due, and the person whom the comments should be addressed.

(G) State that copies of all evidence relied upon by the applicant are available for review at no cost, and that copies can be obtained at reasonable cost from the City.

(H) Include the name of the Planning Director or designee to contact and the telephone number where additional information may be obtained regarding the application.

(I) State that any person who is adversely affected or aggrieved, anyone who is entitled to written notice in Subsection 10.124 (3)(a)(ii) above, and anyone who provides written comments during the comment period may appeal the decision by filing an appeal in accordance with this Code within 14 days of the date the written notice of decision is mailed.

(J) State the decision will not become final until the period for filing a local appeal has expired.

(K) State that a person who is mailed written notice of the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830.

(iv) On-Site Posting – Type II. On-site, public notice signs shall be posted for Type II land use actions according to the following:

(A) Contents of sign. On-site public notice signs shall include a description of the proposed land use action, the date the decision will be rendered and the City of Medford file number for the proposed land use action.

(B) Location and number of signs. A posted public notice sign must be placed on each existing street frontage of the project site. If a frontage is over 600 feet long, a public notice sign is required for each 600 feet, or fraction thereof. Public notice signs must be posted within 10 feet of a street lot line and must be visible to pedestrians and motorists. Public notice signs may not be posted in a public right-of-way, unless the land use action specifically pertains to a public right-of-way. If posting must occur in the right-of-way, care should be taken to comply with Section 10.735, Clear View of Intersecting Streets.

(C) Sign posting schedule. The required sign(s) shall be posted as specified in Table 10.124-1. Posted signs shall be removed within 10 days following the final decision.

(b) Notice of Type III and IV Land Use Actions. Notification shall be mailed to the applicant and all affected property owners no later than 21 days prior to each public hearing date.

(c) All addresses for mailed notices shall be obtained from the latest property tax rolls of the Jackson County Assessor's office.

(d) Affected property owners for each procedure type shall be determined as indicated in Table 10.124-1.

(4) Publication. Unless otherwise indicated, public hearing notices for all proposed land use actions shall be published in a newspaper of general circulation prior to the scheduled public hearing date before the approving authority. The schedule of publication for each procedure type shall be as specified in Table 10.124-1.

Table 10.124-1. Notice of Public Hearing Schedule by Procedure Type
Procedure Type	Newspaper Publication	On-Site Public Notice Sign	Affected Property Owners Notice
Type I	None	None	None
Type II • Manufactured Dwelling Park Review • Major Modification to an approved Manufactured Dwelling Park Review – Type II • Site Plan and Architectural Review – Type II	None	A sign shall be placed on the subject property 14 days prior to the decision date	Within 14 calendar days of deeming an application complete, notice will be sent to all property owners within 200 feet of the project boundaries. For an expedited land use review, including middle housing land division (10.173), notice shall be sent to all property owners within 100 feet of the project boundaries.
Type III • Conditional Use Permit • Exception • Manufactured Dwelling Park • Park Development Review • Preliminary PUD Plan • Zone Change	Notice shall be published no later than 10 days prior to the public hearing date before the approving authority.	A sign shall be placed on the subject property 21 days prior to the public hearing date.	21 days prior to the public hearing date notice will be sent to all property owners within the project boundaries plus all property owners within 200 feet of the project boundaries. For preliminary PUD plans, major revision to a PUD, or neighborhood meetings, in addition to the above requirement that owners within the PUD are noticed and property owners within 200 feet of the PUD project boundary, the owners of no less than 75 tax lots shall be notified. If 75 tax lots are not located within 200 feet of the exterior boundary of the PUD, the notification area shall be extended by successive 50-foot increments, until the minimum number of lots are included in the notification area.
Type III: Historic Review, Site Plan and Architectural Commission Review	None	A sign shall be placed on the subject property 21 days prior to the public hearing date. AND A notice shall be posted in a public place no later than five days prior to the public hearing date.	21 days prior to the public hearing date notice will be sent to all property owners within the project boundaries plus all property owners within 200 feet of the project boundaries.
Type III: Subdivision Tentative Plat	Notice shall be published no later than 10 days prior to the public hearing date.	A sign shall be placed on the subject property 21 days prior to the public hearing date.	21 days prior to the public hearing date notice will sent to all property owners within the project boundaries plus all property owners within 200 feet of the project boundaries.
Type IV: Minor Comprehensive Plan Amendment, Minor General Land Use Plan Map Amendment, Transportation Facility Development	Notice shall be published no later than 10 days prior to the public hearing date before the Planning Commission (the advisory body) AND No later than 10 days prior to the public hearing date before City Council (the approving authority).	A sign shall be placed on the subject property 21 days prior to the first public hearing date.	21 days prior to each public hearing date notice will be sent to all property owners within the project boundaries plus all property owners within 200 feet (400 feet for Minor GLUP Map Amendment) of the project boundaries.
Type IV: Major General Land Use Plan Map Amendment	Notice shall be published no later than 10 days prior to the public hearing date before the Planning Commission (the advisory body) AND No later than 10 days prior to the public hearing date before City Council (the approving authority).	None	21 days prior to the public hearing date notice will be sent to all property owners within the project boundaries plus all property owners within 400 feet of the project boundaries.
Type IV: Annexation	Notice shall be published once each week for two successive weeks prior to the public hearing date.	Notice shall be posted in four public places for two successive weeks prior to the public hearing date.	21 days prior to the public hearing date notice will be sent to all property owners within the project boundaries plus all property owners within 200 feet of the project boundaries.
Type IV: Vacation of Public Right-of-Way	Not less than 14 days before the public hearing date before the approving authority, notice shall be published once a week for two consecutive weeks.	Within five days after publication of the first notice, and not less than 14 days before the hearing, a sign shall be placed at or near each end of the proposed vacation in at least two conspicuous places in the proposed vacation area.	21 days prior to the public hearing date notice will be sent to all property owners within the area of a plat vacation or all abutting property and all attached real property within 200 feet laterally and 400 feet beyond the terminus of each right-of-way to be vacated.
Type IV: Land Development Code Amendment, Major Comprehensive Plan Amendment, Major Zone Change, Urbanization Plan	Notice shall be published no later than 10 days prior to the public hearing date before the Planning Commission (the advisory body), AND No later than 10 days prior to the public hearing date before the City Council (the approving authority).	None	Generally not applicable to a legislative action unless it meets ORS 227.186 criteria (i.e., the change effectively rezones property). For Urbanization Plans, the public hearing date notice will be sent to all property owners within the project boundaries plus all property owners within 200 feet of the project boundaries

(5) Re-Notice Fee. The Planning Department may establish and charge a re-notice fee if an application must be noticed again due to a continuance that is not to a date certain.