A business is being rezoned. What are the notice requirements
In the City of the Village of Clarkston (Mi) a local business property will be rezoned. There is confusion over what the requirements are of the planning commission in regards to notice of public hearings. Is it 10 days or 15 days in a newspaper of general circulation. The property is in residential zoned area.
Oakland County Michigan
The relevant section of the 2006 Zoning Enabling Act is 125.3103. Section 103 state that ...if a local unit of government conducts a public hearing required under this act, the local unit of government shall publish notice of the hearing in a newspaper of general circulation in the local unit of government not less than 15 days before the date of the hearing". Notice requirements for affected groups shall be given 15 days before the date the request will be considered.
How does this reconcile with the Open Meetings Act, which states the following . . . basically what is the difference with zoning/planning and regular city meetings? Public notice requirements are specific to the type of meeting:
(1) For regular meetings of a public body, there shall be posted within 10 days after the first meeting of the public body in each calendar or fiscal year a public notice stating the dates, times, and places of its regular meetings.
(2) For a change in schedule of regular meetings of a public body, there shall be posted within three days after the meeting at which the change is made, a public notice stating the new dates, times, and places of its regular meetings.
(3) For a rescheduled regular or a special meeting of a public body, a public notice stating the date, time, and place of the meeting shall be posted at least 18 hours before the meeting.
(4) A meeting of a public body which is recessed for more than 36 hours shall be reconvened only after public notice has been posted at least 18 hours before the reconvened meeting.10
At their first meeting of the calendar or fiscal year, each board must set the dates, times, and places of the board's regular meetings for the coming year. The OMA does not require any particular number of meetings. The board's schedule of regular meetings is not, of course, set in stone. The board is free to cancel or reschedule its meetings.
The minimum 18-hour notice requirement is not fulfilled if the public is denied access to the notice of the meeting for any part of the 18 hours.11 The requirement may be met by posting at least 18 hours in advance of the meeting using a method designed to assure access to the notice. For example, the public body can post the notice at the main entrance visible on the outside of the building that houses the principal office of the public body.12
A public body must send copies of the public notices by first class mail to a requesting party, upon the party's payment of a yearly fee of not more than the reasonable estimated cost of printing and postage. Upon written request, a public body, at the same time a public notice of a meeting is posted, must provide a copy of the public notice to any newspaper
The zoning enabling act specifies in MCL 125.3103 publish notice of public hearing 15 days before the hearing. The open meetings act specifies when schedules are posted or meetings need to be posted for rescheduled or special meetings. Typically a public hearig is scheduled as part of the regularly meetings, but if a special meeting is called, which is allowed, it must still meet the 15 day requirement. The ZEA has a greater standard than the open meetings act regarding notice so if you meet the ZEA standards you will meet the OMA standards,.