Chapter 9
Public Hearing Procedures

6.901 Public Hearings.

The body charged with conducting a public hearing required by this Ordinance shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be subject to the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), MCL 125.3103.

The public hearing procedures of PA 110 in effect at the date of adoption are summarized as follows. Any further amendments to PA 110 that alter the public hearing procedure requirements following the date of adoption of this Zoning Ordinance will supersede the following procedures.

6.902 General Public Hearing Procedures.

The following procedures are applicable to all public hearings except zoning ordinance text and map amendments, which are described in Section 6.903, below.

A.    Publication in a Newspaper of General Circulation. Notice of the request shall be published in a newspaper of general circulation not less than 15 days before the date the application will be considered for approval.

B.    Personal and Mailed Notice.

1.    Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

2.    Notice shall be sent to all persons to whom real property is assessed within 300 feet of the property, regardless of municipal jurisdiction.

3.    Notice shall be given to the occupants of all structures within 300 feet of the property regardless of municipal jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than 4 dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance(s) to the structure.

4.    All notice delivered by mail or personal delivery must be given not less than 15 days before the date of the public hearing. Notice shall be deemed given when personally delivered or when deposited during normal business hours for delivery with the US postal service or other public or private delivery service. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice.

5.    The City shall prepare a list of property owners and occupants to whom notice was mailed.

C.    Content. Any notice published in a newspaper or delivered by mail shall:

1.    Describe the nature of the request.

2.    Indicate the property that is the subject of the request.

3.    Include a listing of all existing street addresses within the property. If no such addresses exist, other means of identifying the property may be used.

4.    When and where the public hearing will occur.

5.    When and where written comments may be submitted concerning the request.

6.903 Zoning Ordinance Amendment Public Hearing Procedures.

Public hearings for Zoning Ordinance amendments, including both text and map amendments, shall be noticed as follows:

A.    Map or Text Amendments Affecting 10 or Fewer Parcels. If the proposed map or text amendment will impact 10 or fewer parcels, notice shall be given as specified in Section 6.902.

B.    Map or Text Amendments Affecting 11 or More Parcels. If the proposed map or text amendment will impact 11 or more parcels, notice shall be given as specified in Section 6.902, with the exception that the notice need not list street addresses of properties that will be impacted by the map or text amendment.

C.    Notice to Other Entities. Notice of the time and place of the public hearing shall also be given by mail to any of the following entities that have registered their name with the City Clerk for the purposes of receiving public notice: any electric, gas, or pipeline public utility company; each telecommunication service provider; each railroad operating within the district or zone affected; and the airport manager of each airport.

D.    Additional Information Required in Notice. Any notice required under this section shall include the places and times at which the proposed text or map amendment may be examined.