(a) Before approving or denying the application before it, the Planning and Zoning Commission shall hold at least one public hearing on such application within forty-five days after the receipt of an application for a variance.
(b) Before holding a public hearing required in subsection (a) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in the Village by two publications which shall be at least fourteen days before the date of such hearing and at least seven days before the date of such hearing, respectively. The notice to be published shall set forth the time and place of public hearing and the nature of proposed variance.
(c) Before holding the public hearing required in subsection (a) hereof, written notice of such hearing shall be mailed by the chairperson of the Planning and Zoning Commission, by certified mail to all owners of property identified in Section 1133.02(e). The notifications shall contain the same information as required of notices published in the newspaper as specified in subsection (b) hereof.
(d) Before holding the public hearing required in subsection (a) hereof, written notice of such hearing shall be posted in a conspicuous location at the Village offices. Such notice shall be posted at least fourteen days before the date of such hearing.
(e) The applicant shall post one sign per public street frontage of the subject property within fifteen (15) feet of the curb indicating the subject, date, and time for the hearing. The sign(s) shall be posted at least ten (10) days prior to the hearing. The sign(s) should be purchased at the Johnstown City Offices and will measure no less than 2 feet by 3 feet.
(f) Within forty-five days after the public hearing required in subsection (a) hereof the Commission shall either approve, approve with supplementary conditions as specified in Section 1133.04 or disapprove the request for a variance. The Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
(g) The following factors shall be considered and weighed in the review and the public hearing of an application for variance.
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;
(2) Whether the variance is substantial;
(3) Whether the character of the neighborhood would be adversely affected or whether adjoining properties would suffer an adverse impact as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner’s predicament feasibly can be obviated through some method other than a variance; and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(8) No single factor shall be considered a determinative factor, and the factors shall be weighed and balanced in determining whether a variance is warranted. The applicant shall bear the burden of proof that the criteria for a variance have been met and that application of the zoning requirement to the applicant’s property would be inequitable.
(Ord. 33-2021. Passed 8-17-21.)