After a project has been submitted and passed Site Plan Review, the required public hearing is scheduled. Notice of the public hearing must be mailed to all residents, property owners, and businesses within 300 radial feet of the proposed Conditional Land Use, published in the Detroit Legal News, and posted on the property. The State of Michigan Zoning Enabling Act requires at least 15 days advance notice of such public hearings.
Special Land Use public hearings are typically scheduled on Wednesday mornings starting at 9:00 a.m. and every half hour thereafter. The number of hearings on a given Wednesday varies but is usually between two and six. The fee is currently $1,000.00.
- The hearing officer announces the details of the hearing
- A staff report is given by a BSEED building inspector
- The development team provides a presentation on their proposal
- A Planning & Development Department (P&DD) city planner gives a report and recommendation
- The public is given the opportunity to ask questions and comment on the proposal
No decision is made at the hearing. Within 2-3 weeks, the hearing officer drafts a decision letter incorporating P&DD's recommendation, discussion from the hearing, and the specific approval criteria for Conditional Land Uses (Section 61-3-231).
The decision letter will be mailed to the applicant, everyone who attended the hearing, and everyone who submitted a written comment regarding the proposed land use. Any decision letter may be appealed to the Board of Zoning Appeals (BZA) per Section 61-3-242 within 14 days of the decision date.
If there is no appeal, the decision letter becomes effective. The applicant must then record it at the Wayne County Register of Deeds and file a building permit with BSEED to change the use and perform any construction work. After all required inspections are passed, a Certificate of Occupancy will be issued.
Finally, if the proposed land use requires a Business License, such license can be applied for and issued. Only then may the new use be opened and operated.