PUBLIC NOTICE
All applications for development approval requiring a public hearing shall comply with the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and the provisions of this section with regard to public notification.
(1)
Responsibility. When the provisions of this chapter or the Michigan zoning enabling act require that notice be published, the township clerk shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the township and having it mailed or delivered as provided in this section.
(2)
Content. All mail, personal and newspaper notices for public hearings shall:
a.
Describe the nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.
b.
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. Street addresses are not required to be listed when the request is for an ordinance interpretation not involving a specific property.
c.
When and where the request will be considered. Indicate the date, time, and place of the public hearing.
d.
Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by an agent or other representative.
e.
Provide information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(3)
Personal and mailed notice.
a.
General. When the provisions of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:
1.
The owners of property for which approval is being considered, and the applicant, if different than the owners of the property.
2.
Except for an ordinance interpretation request that does not involve a specific property or for any action of the zoning board of appeals as noted below; notice shall be given to all persons whom real property is assessed within 600 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. For action of the zoning board of appeals pursuant to section 36-941, notice shall be given to all persons whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used in making notification. 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 owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
b.
Notice by mail/affidavit. Notice shall be deemed to be given when personally delivered or mailed by its deposit in the United States mail, first class, or other public or private delivery service during normal business hours, properly addressed, postage paid. The township clerk shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.
(4)
Timing of notice. Unless otherwise provided in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), or this chapter where applicable, notice of a public hearing shall be provided as follows: For a public hearing on an application for rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation, not less than 15 days before the date the application will be considered for approval.
(5)
Posting of signage. To ensure that residents are made aware of certain public hearings that relate to land use, the posting of signage shall be required for rezoning, (map amendment), conditional land use, and planned unit development. A variance, administrative appeal, ordinance interpretation, and/or zoning text amendment are exempt from these sign posting requirements.
a.
For any proposed zoning change or land use requiring the posting of a sign, property proposed for the zoning change or land use shall place a sign with a minimum area of four feet by four feet along the frontage of the property, which abuts a street. The sign shall not be erected in the road right-of-way or in a manner to obstruct vision of motorists or pedestrians.
b.
If the property proposed for the zoning change or land use does not abut a street, the sign shall be placed on any contiguous land owned by the applicant or owner of such parcel, which does abut a street.
c.
If no such contiguous property abutting a street is owned by the applicant or owner of the property proposed for zoning change or land use the signs shall be placed in such locations on the property that the zoning administrator deems will best inform the public of the proposed zoning change or land use. If the zoning administrator determines that there is no location where a sign could be placed that would be visible to the public, the zoning administrator may waive the requirement of posting.
d.
Each sign shall be erected at least 15 days before the planning commission's public hearing on the petition for the subject zoning change or land use.
e.
Each sign shall be removed from the property no later than three business days following the public hearing or the adjourned or continued date thereof, whichever is later.
f.
Each sign shall have lettering easily readable from the abutting street. Each sign shall contain the words "Public Hearing" and shall state the purpose of the public hearing, give the street address or tax code parcel numbers, acreage and diagram of the property proposed for the subject zoning change or land use, state the current zoning of the property, state the purpose of the request and the date, time, and place of the public hearing.
g.
Signs erected under this section 36-1034(5) are exempt from other provisions of this chapter regulating signs.
h.
Failure to comply with any provision of this section 36-836(b) shall not constitute grounds for invalidating or setting aside action on an application, but shall require adjourning and rescheduling the public hearing.
(Ord. of 7-22-2013, § 69.01; Ord. of 5-14-2014(2), § 69.01; Ord. No. 17-55, § 2, 7-11-2017)
PUBLIC NOTICE
All applications for development approval requiring a public hearing shall comply with the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and the provisions of this section with regard to public notification.
(1)
Responsibility. When the provisions of this chapter or the Michigan zoning enabling act require that notice be published, the township clerk shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the township and having it mailed or delivered as provided in this section.
(2)
Content. All mail, personal and newspaper notices for public hearings shall:
a.
Describe the nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.
b.
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. Street addresses are not required to be listed when the request is for an ordinance interpretation not involving a specific property.
c.
When and where the request will be considered. Indicate the date, time, and place of the public hearing.
d.
Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by an agent or other representative.
e.
Provide information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(3)
Personal and mailed notice.
a.
General. When the provisions of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:
1.
The owners of property for which approval is being considered, and the applicant, if different than the owners of the property.
2.
Except for an ordinance interpretation request that does not involve a specific property or for any action of the zoning board of appeals as noted below; notice shall be given to all persons whom real property is assessed within 600 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. For action of the zoning board of appeals pursuant to section 36-941, notice shall be given to all persons whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used in making notification. 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 owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
b.
Notice by mail/affidavit. Notice shall be deemed to be given when personally delivered or mailed by its deposit in the United States mail, first class, or other public or private delivery service during normal business hours, properly addressed, postage paid. The township clerk shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.
(4)
Timing of notice. Unless otherwise provided in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), or this chapter where applicable, notice of a public hearing shall be provided as follows: For a public hearing on an application for rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation, not less than 15 days before the date the application will be considered for approval.
(5)
Posting of signage. To ensure that residents are made aware of certain public hearings that relate to land use, the posting of signage shall be required for rezoning, (map amendment), conditional land use, and planned unit development. A variance, administrative appeal, ordinance interpretation, and/or zoning text amendment are exempt from these sign posting requirements.
a.
For any proposed zoning change or land use requiring the posting of a sign, property proposed for the zoning change or land use shall place a sign with a minimum area of four feet by four feet along the frontage of the property, which abuts a street. The sign shall not be erected in the road right-of-way or in a manner to obstruct vision of motorists or pedestrians.
b.
If the property proposed for the zoning change or land use does not abut a street, the sign shall be placed on any contiguous land owned by the applicant or owner of such parcel, which does abut a street.
c.
If no such contiguous property abutting a street is owned by the applicant or owner of the property proposed for zoning change or land use the signs shall be placed in such locations on the property that the zoning administrator deems will best inform the public of the proposed zoning change or land use. If the zoning administrator determines that there is no location where a sign could be placed that would be visible to the public, the zoning administrator may waive the requirement of posting.
d.
Each sign shall be erected at least 15 days before the planning commission's public hearing on the petition for the subject zoning change or land use.
e.
Each sign shall be removed from the property no later than three business days following the public hearing or the adjourned or continued date thereof, whichever is later.
f.
Each sign shall have lettering easily readable from the abutting street. Each sign shall contain the words "Public Hearing" and shall state the purpose of the public hearing, give the street address or tax code parcel numbers, acreage and diagram of the property proposed for the subject zoning change or land use, state the current zoning of the property, state the purpose of the request and the date, time, and place of the public hearing.
g.
Signs erected under this section 36-1034(5) are exempt from other provisions of this chapter regulating signs.
h.
Failure to comply with any provision of this section 36-836(b) shall not constitute grounds for invalidating or setting aside action on an application, but shall require adjourning and rescheduling the public hearing.
(Ord. of 7-22-2013, § 69.01; Ord. of 5-14-2014(2), § 69.01; Ord. No. 17-55, § 2, 7-11-2017)