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All applications for development approval requiring a public hearing shall comply with the “The Act”, PA 110 of 2008 and the other provisions of this section with regard to public notification.
(A) Responsibility. When the provisions of this chapter or the “The Act” require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the Village of Kingsley and mailed or delivered as provided in this section.
(B) Content. All mail, personal and newspaper notices for public hearings shall:
(1) Describe 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.
(2) 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 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.
(3) When and where the request will be considered. Indicate the date, time and place of the public hearing(s).
(4) 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.
(5) Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(C) Personal and mailed notice.
(1) General. When the provisions of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:
(a) The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
(b) Except for rezoning requests involving 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 village. 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 1 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 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.
(c) For requests for interpretation or appeals of administrative decisions, to the person requesting an interpretation of the zoning ordinance or to a person appealing an administrative decision.
(d) In the case of a zoning ordinance amendment, rezoning or PUD review, each electric, gas, and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the clerk of the legislative body for the purpose of receiving the notice of public hearing.
(e) Other governmental units or infrastructure agencies within one mile of the property involved in the application.
(2) Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
(D) Timing of notice. Unless otherwise provided in the “The Act”, PA 110 of 2006, or this chapter where applicable, notice of a public hearing shall be provided as follows:
(1) For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or chapter interpretation: not less than 15 days before the date the application will be considered for approval.
(2) For any other public hearing required by this chapter: not less than 15 days before the date the application will be considered for approval.
(Ord. 2006-4, passed 7-10-2006)