(A) Public notification. All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., and the other provisions of this division (A) 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 Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in Summit Township and mailed or delivered as provided in this division (A).
(2) Content. All mail, personal and newspaper notices for public hearings shall:
(a) Nature of the request. Identify whether the request is for a rezoning, text amendment, conditional use permit, planned development, variance, appeal, ordinance interpretation, or other purpose;
(b) Location.
1. Indicate the property that is the subject of the request.
2. The notice shall include a listing of all existing street addresses within the subject property.
3. Street addresses do not need to be created and listed if no such addresses currently exist within the property.
4. If there are no street addresses, other means of identification may be used such as a tax identification number, identifying the nearest cross street, or including a map showing the location of the property.
5. 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.
(c) When and where. Indicate the date, time, and place of the public hearings at which the request will be considered;
(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; and
(e) Handicap access. Provide information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(3) Personal and mailed notice.
(a) Generally. 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 owner(s) of the property;
2. All occupants of and 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 Summit Township, except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property. 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 1 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, 1 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 whom shall be requested to post the notice at the primary entrance to the structure;
3. All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to division (B) below; and
4. Other governmental units or infrastructure agencies within 1 mile of the property involved in the application.
(b) Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, property 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.
(4) Timing of notice.
(a) Unless otherwise provided in the Michigan Zoning Enabling Act, as amended, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., or this chapter where applicable, notice of public hearing shall be provided not less than 15 days before the date the application will be considered for approval for a public hearing on an application for a rezoning, text amendment, conditional use, planned unit development, variance, appeal, or ordinance interpretation.
(b) This means it must be published in a newspaper of general circulation and for those receiving personal notice, received by mail or personal notice, not less than 15 days before the hearing.
(B) Registration to receive notice by mail.
(1) Generally.
(a) Any neighborhood organization, public utility company, railroad, or any other person may register with Zoning Administrator to receive written notice of all applications for development approval pursuant to division (A)(3)(a)3. above, or written notice of all applications for development approval within the zoning district in which they are located.
(b) The Zoning Administrator shall be responsible for providing this notification.
(c) Fees may be assessed for provision of this notice, as established by the legislative body.
(2) Requirements.
(a) The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made.
(b) All registered persons must register bi-annually to continue to receive notification pursuant to this division (B).
(Ord. -, Article VI, § 6.4, passed 9-12-2006)