(a) Public Notification. All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and the other provisions of this section with regard to public notification.
(1) Responsibility. When the provisions of this Zoning Code or the Michigan Zoning Enabling Act require that notice be published, the Building Official shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the City of Davison and mailed or delivered as provided in this section.
(2) Content. All mail, personal and newspaper notices for public hearings shall:
A. Describe nature of the request: Identify whether the request is for a rezoning, text amendment, conditional use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.
B. Location: 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. No street addresses must be listed when eleven (11) or more adjacent properties are proposed for rezoning, or 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(s).
D. Written comments: 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 counsel.
E. Handicap access: 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 provision of this Zoning Code 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 owner(s) of the property.
2. Except for rezoning requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to 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 City. 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 (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) 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. The applicant shall provide the Building Official with a list of such persons along with the application.
3. All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to subsection (b) hereof, registration to receive notice by mail.
4. Other governmental units or infrastructure agencies within one (1) mile of the property involved in the application.
B. Notice by mail/affidavit. Notice shall be deemed mailed by its deposit during normal business hours for delivery with the United States postal service or other public or private delivery service. The Building Official 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 Act No. 110 of the Public Acts of 2006, as amended, or this Zoning Code where applicable, the notice for a public hearing on an application for a rezoning, text amendment, conditional use, planned unit development, variance, appeal, ordinance interpretation, or other purpose must be published in a newspaper of general circulation, and for those receiving personal notice, deposited for delivery or personally delivered, not less than fifteen (15) days before the date the application will be considered for approval.
(b) Registration to Receive Notice by Mail.
(1) General. Any neighborhood organization, public utility company, railroad or any other person may register with the Building Official to receive written notice of all applications for development approval pursuant to paragraph (a)(3)A.3. hereof, personal and mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. The Building Official shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by Council.
(2) Requirements. The requesting party must provide the Building Official information on an official form to ensure notification can be made. All registered persons must re-register biannually to continue to receive notification pursuant to this section.
(Res. 2007-02. Passed 7-11-07; Ord. 2009-03. Passed 6-22-09; Ord. 2023-07. Passed 7-24-23.)