The Board of Zoning Appeals shall make no recommendation except in a specific case and after a public hearing conducted by the Board. The 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.
(a) Responsibility for Public Notice. The City Clerk, or his or her designee, shall be responsible for preparing the content of the public notice, having it published and mailed or delivered as provided in this section.
(b) Notice Requirements. Notice of a public hearing for an administrative review, variance, exceptions and special approvals shall be given not less than fifteen days before the date of the public hearing. The notice shall be given as follows:
(1) Newspaper notice. The notice shall be published in a newspaper that circulates in the City.
(2) Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:
A. The owner of property for which approval is being considered, and the applicant, if different than the owner of the property.
B. Except for rezoning requests that are proposed for eleven (11) or more adjacent parcels, the notice shall be sent to all persons to whom property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notification. 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. In structures containing four (4) or fewer dwelling units, only one (1) occupant of each unit must be given notice of the public hearing.
C. All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to this section.
(c) Record of Mailing. The City Clerk, or his or her designee, shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.
(d) Content of Notice. The public notice shall:
(1) Describe the nature of the request.
(2) 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 for the property. If there are no street addresses, other means of identified may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property.
(3) Indicate the date, time and place of the public hearing.
(4) Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.
(e) Registration to Receive Notice by Mail. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of any public hearing held pursuant to Part Twelve, Planning and Zoning, of the City Code.
(f) For a request seeking an interpretation of Title Six - Zoning of the Codified Ordinances of Ionia or an appeal of an administrative decision, a notice of a public hearing shall be published in a newspaper of general circulation within the City and shall be send to the person seeking the interpretation or making the appeal not less than fifteen (15) days before the public hearing.
In addition to the newspaper notice required above, if the request for an interpretation or appeal of an administrative decision involves a specific parcel of property, written notice stating the nature of the interpretation request and notice of the public hearing on the interpretation request shall also be sent by first-class mail or personal delivery to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question and to the occupants of all structures within three hundred (300) feet of the boundary of the property in question.
(1975 Code § 5.187) (Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09; Ord. 554. Passed 8-3-21.)