ZBA Hearing change of venue

Asked September 29, 2018, 9:36 AM EDT

Is it permissible to change the location of a ZBA Variance Request Hearing that has already been noticed by mail and posting? This is due to an overbooking of the room by City Council changing their meeting date.

Oakland County Michigan community planning and zoning local government

1 Response

If the ZBA Hearing is going to be in a different building, I would recommend re-noticing for the public hearing. People might be confused regarding the new venue location or have difficulties finding the new venue location.

If the ZBA Hearing is going to be in the same building but a different room, it might be okay to not re-notice if there is someone available to direct the people attending the hearing to the correct room, or a very visible sign letting the public know where the new room is located. If should not be left to chance that the public will see the sign referring to the new room, so it is always good to have someone directing the public to the correct location.

I would recommend that your municipality follows the Zoning Enabling Act and make sure that before you do the public notice of the public hearing, the room is available at the noticed location and all other requirements in the Act as it relates to public notices and hearings are met. Following the procedures outlined in the Zoning Enabling Act is the only way that your ZBA public hearing and the resulting zoning decision will be legal.