111.010 Holding Public Hearings
111.030 Notice of Quasi-Judicial Public Hearing
111.040 Notice of Legislative Public Hearings
111.060 Publishing Notices
111.060 Conduct of Hearings
111.070 Decisions and Notice of Decisions
111.010 HOLDING PUBLIC HEARINGS. Public hearings, when required by this ordinance, shall be conducted by the Hearings Officer, Planning
Commission, or Board of Commissioners in a manner prescribed by state law and this Chapter. For the purposes of this Chapter, “hearings authority” means the
Hearings Officer, Planning Commission, or Board of Commissioners.
110.020 SCHEDULING. The Director shall schedule all hearings before the Hearings Officer and Planning Commission. If the applicant for a quasi-
judicial land-use action requests a different hearing date, the Director may reschedule the hearing. If the requested hearing date is later than otherwise would
have been scheduled, the Director may require the applicant to request an extension of the time limit for making a decision under state law. The Director may
require the applicant to pay a fee for renotification. If the Hearings Officer or Chair of the Planning Commission requests a change in the hearing date the
Director shall reschedule the hearing.
111.030 NOTICE OF QUASI-JUDICIAL PUBLIC HEARING. Upon the fixing of the time of a quasi-judicial public hearing notice shall be provided
(a) Notice of hearing shall be mailed to the applicant, the property owners, co-tenants if the subject property is owned by tenants, in common, state and local agencies that may have concerns regarding the request, and as provided in subsection (c) of this section.
(b) The notice of hearing shall contain:
(1) The date, time and location of the hearing;
(2) The nature of the application, and the proposed uses that could be authorized;
(3) The address or other easily understood geographical reference to the subject property;
(4) A list of the topical headings and numbers of the criteria from the Comprehensive Plan and this ordinance that apply;
(5) A statement that failure to raise an issue in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the hearings authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue;
(6) The name of the Planning Director’s staff to contact, and the telephone number where additional information may be obtained;
(7) A 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 that a copy will be provided at reasonable cost upon request;
(8) 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 that copies will be provided at reasonable cost upon request;
(9) A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
(c) Notices of quasi-judicial public hearings shall be mailed at least 20 days prior to the date of the hearing. Failure to receive such notice by mail shall not affect the validity of the proceedings. In addition, notices shall also be mailed to an appointed Area Advisory Committee when it exists. The Director of the Department of Land Conservation and Development shall be notified of a hearing involving an amendment to a comprehensive plan or land use regulation, 45 days prior to the first evidentiary hearing on adoption. The notice shall be provided to the applicant, the owner(s) of the subject property, and owners of record of property on the most recent property tax assessment role where the property is located within:
(1) 250 feet of the property subject to the notice for subject property that is not within the EFU, SA, FT or TC zone; or
(2) 750 feet of the property subject to the notice for subject property that is within EFU, SA, FT or TC zone;
(3) Notice shall be sent to owners of a public-use airport of any land-use action within 5,000 feet of the side or end of a “visual airport” runway, or within 10,000 feet of an “instrument airport” runway, unless the action involves structures less than 35 feet tall outside the runway approach surface.
(4) Notice shall also be provided to any neighborhood or community organization recognized by the Board and whose boundaries include the site.
(5) Notice of the public hearing on an application for an aggregate site shall be mailed to all owners of property, any portion of which is within 1,500 feet of the subject property.
111.040 NOTICE OF LEGISLATIVE PUBLIC HEARINGS. Upon the fixing of the time of a public hearing, notice shall be provided as follows:
(a) Notice shall be mailed to Area Advisory Committee members, the Oregon Department of Land Conservation and Development; other local, state or federal agencies that are likely to have an interest in the subject of the hearing; and any citizens that have expressed or have been identified as having interest in the subject of the hearing.
(b) The notice shall contain a description of the action being considered; the date, time and location of the hearing; a file or case number if one exists, and the name and telephone number of a person who can be contacted for additional information.
111.050 PUBLISHING NOTICES. Notices of public hearings to be held by the Planning Commission, Hearings Officer or Board on amendments to the
text of this ordinance, or the Comprehensive Plan, or to be held by the Planning Commission, Hearings Officer, or Board on zone changes, or Comprehensive Plan
map amendments, shall be given by publishing notice in a newspaper of general circulation in the County at least once not less than 10 days prior to the hearing.
111.060 CONDUCT OF HEARINGS. The following procedures shall be observed in the conduct of all quasi-judicial hearings:
(a) At the commencement of a hearing, a statement shall be made to those in attendance that:
(1) Identifies the applicable substantive criteria;
(2) States testimony and evidence must be directed toward the identified criteria or other criteria in the plan or this Ordinance which the person believes to apply to the decision; and
(3) States failure to raise an issue accompanied by statements or evidence sufficient to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.
(b) The hearings authority may continue the hearing to a certain date, may close the hearing and keep the hearing record open to a certain date to allow submittal of written testimony, and may reopen the hearing record to admit new evidence or testimony.
(c) Prior to conclusion of an initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application. If such a request is made, the hearings authority shall:
(1) Grant a continuance, in which case the hearing shall be continued to a date, time, and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments, and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, arguments, or testimony for the purpose of responding to the new written evidence; or
(2) Leave the record open for at least seven days for additional written evidence, arguments, or testimony. Any participant may file a written request with the hearings authority for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings authority shall reopen the record pursuant to subsection (d) of this section.
(d) If the hearings authority reopens the hearing record to admit new evidence or testimony, any person may raise new issues that relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.
(e) A continuance or extension granted pursuant to this section shall be subject to the limitations of ORS 215.428 unless the continuance or extension is requested or agreed to by the applicant.
(f) Unless waived, the applicant shall be allowed at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final submittal shall be considered part of the record, but shall not include any new evidence. This seven-day period shall not be subject to the limitations of ORS 215.428.
(g) For the purposes of this section:
(1) “Argument” means assertions and analysis regarding satisfaction or violation of legal standards or policy believed to be relevant by the proponent of a decision. “Argument” does not include facts.
(2) “Evidence” means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision.
111.070 DECISIONS AND NOTICE OF DECISION.
(a) Following the close of the hearing and receipt of all evidence and arguments:
(1) The Hearings Officer shall issue a written order or recommendation. The order shall be transmitted to the Board’s office. A copy of the order and the file shall be transmitted to the Director.
(2) For Planning Commission decisions, the Director shall prepare a notice of decision or recommendation.
(3) For quasi-judicial decisions, the Board shall issue a written ordinance for zone changes and comprehensive plan amendments, or a written order for other types of applications. The order or ordinance shall be filed with the County Clerk.
(b) Notice of the decision of quasi-judicial land-use actions shall be mailed to the applicant, the applicant’s representative, the owners of the subject property identified in the application, those who testified at the hearing or requested notice in writing, and others as required by law.
(c) A decision by the hearings authority shall be effective 12 days from the date the notice of decision is mailed, unless appealed, called up by the Board, or further action is required.