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 500 feet of the property, regardless of municipal jurisdiction.

3.    Notice shall be given to the occupants of all structures within 500 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 four 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 U.S. 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.

D.    Posting of Signs for Zoning Map Amendments, Special Exceptions, or Right-of-Way Vacations. An applicant requesting a zoning map amendment, special exception, or right-of way vacation shall construct and install a sign indicating the requested change. The signage is required to ensure adequate public notice. All signage must meet the following requirements:

1.    The sign(s) shall be installed no less than 15 days prior to public hearing at the Planning Commission meeting.

2.    All signs related to zoning map amendments and special exception applications must abide by the following requirements:

a.    All signs must be uniform and follow the template provided in the application for zoning map amendment and/or special exception. All signs must comply with the following sign specifications:

i.    Block style black lettering on a yellow background.

ii.    Signs shall be a minimum four feet vertical by six feet horizontal.

iii.    Sign face must be reinforced plastic, exterior plywood, aluminum, or similar material.

b.    Required signs in all districts except the C-2 Downtown District must abide by the following requirements:

i.    The sign(s) shall be installed on the parcel(s) requested for the land use change.

ii.    The sign(s) shall not be placed within the public right-of-way nor shall the sign(s) obstruct clear vision for motorists per the Clear Vision Ordinance.

iii.    In the event the parcel fronts on more than one roadway, signage shall be required for all adjoining public roadways.

c.    Required signs in the C-2 Downtown District must abide by the following requirements:

i.    Applicants shall either affix signs to interior windows or shall post signage on the parcel which is the subject of the property.

ii.    Window signs shall abide by the following requirements:

(A)    Signage shall be affixed to the ground-floor interior window(s).

(B)    Window(s) shall be clear glass and no encumbrances to viewing the sign(s) or the sign(s) shall be surely attached to a building wall.

(C)    Paper sign(s) may be approved at the discretion of staff on a case-by-case basis.

iii.    Exterior signs shall abide by the following requirements:

(A)    Sign(s) must be located a minimum of three feet from ground level and have no encumbrances that block the signage and be able to withstand lateral winds of 14 pounds per square foot.

(B)    Sign support system must be structurally sound.

(C)    Posts, if required, shall be set in the ground at least 24 inches below the surface.

(D)    The bottom of the sign(s) shall be no less than three feet above the ground level.

3.    All signage for right-of-way or alleyway vacations must abide by the following requirements:

a.    Signs must be uniform and follow the template provided in application for right-of-way vacation.

b.    Signs shall be placed perpendicular to the adjoining roadway either in the right-of-way or on adjacent property and be clearly visible.

c.    If the applicant of the right-of-way vacation is not able to secure a 24-square-foot temporary sign, they may elect to install a minimum of two sandwich board signs, each of which shall be a minimum of six square feet.

d.    Signs shall be clearly visible from the adjacent public streets and located in the right-of-way, alley, or adjacent properties to the right-of-way.

e.    Sandwich boards shall be positioned toward roadways and shall be weighted down to protect against wind resistance.

4.    Duration.

a.    Sign(s) are required to be posted at the subject site for the duration of the public notification period (15 days).

b.    The applicant shall provide the Community Development Department with a photograph of the sign(s) on the parcel(s) which shall be emailed to planning@pontiac.mi.us. The photograph(s) shall be sent the day the sign(s) is posted with a date shown on the picture.

c.    In the event of a failure to post the required sign(s) within the public notification period, the request will not be heard at the scheduled public hearing.

d.    Sign(s) required above shall be removed within three days after the final public hearing has been completed. Failure to remove sign(s) within this period may result in the removal of the sign(s) by the City, following notice and an opportunity to cure, at the owner’s expense.

(Ord. 2431, 1-3-24)

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.