§ 28-8. Public notice.
All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act (MZEA), PA 116 of 2006, as amended; MCL 125.3101, et seq., and the other provisions of this chapter with regard to public notification.
(a)
Responsibility for notice. When the provisions of this section or the Michigan Zoning Enabling Act require that notice be published, planning staff shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the City of Jackson and mailed or delivered as provided in this section.
(b)
Content. All mail, personal and newspaper notices for public hearings or meetings shall:
1.
Describe the nature of the request by identifying whether the request is for a district change (rezoning), text amendment, conditional land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.
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 within the property. If there is no street address, other means of identification may be used such as 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 or text amendment.
3.
Indicate when and where the request will be considered including the date, time and place of the public hearing(s).
4.
Include a statement describing when and where written comments will be received concerning the request and that the public may appear at the public hearing in person or by counsel.
5.
Include information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(c)
Personal and mailed notice.
1.
When the provisions of this section 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 owners of the property.
b.
Except for district change (rezoning) requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property or text amendment, to all persons to whom real 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 boundaries of the City of Jackson. 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 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.
c.
All neighborhood organizations, public utility companies, railroads and other persons that have requested to receive notice.
2.
Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States Mail, first class, properly addressed with postage paid. Planning staff shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.
(d)
Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, as amended; MCL 125.3101, et seq.; or this Ordinance where applicable, notice of a public hearing or of an application for a district change (rezoning), text amendment, conditional land use, planned unit development, variance, appeal or ordinance interpretation shall be given not less than fifteen (15) days before the date the application will be considered for approval.
(e)
Registration to receive notice by mail. Any neighborhood organization, public utility company, railroad or any other person may register with planning staff to receive written notice of all applications for development approval pursuant to this section. Personal and, mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. Planning staff shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by city council. The requesting party must provide planning staff information on an official form to ensure notification can be made. All registered persons must re-register bi-annually to continue to receive notification pursuant to this section.
(Ord. No. 2011.15, § 3, 8-16-11)