(a) The Planning and Zoning Commission shall schedule at least one public hearing after the adoption of a resolution, transmittal of a resolution from Council or the filing of an application for zoning amendment. Such hearing shall be not less than twenty days from the date of receipt of such motion, transmittal of such resolution, or the filing of such application. At such public hearing the applicant shall:
(1) Have the affirmative duty of presenting such evidence as will prove by a preponderance of the evidence that such amendment should be adopted;
(2) Provide a stenographer at applicant's expense who, shall record the proceedings of such public hearing, transcribe such recording into written form and provide the Commission with a copy thereof.
(b) Before holding the public hearing provided in subsection (a) hereof, notice of such hearing shall be given by the Commission by at least one publication in one or more newspapers in general circulation of the Village at least seven days before the date of such hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment as stated on the application and a statement that within thirty days after the conclusion of such public hearing a recommendation will be made by the Commission to Council.
(c) Written notice of the proposed amendment may be mailed by the Commission, by certified mail return receipt requested at least ten days before the date of the public hearing by the Commission, to all owners of property within, contiguous to and directly across the street from such area affected by the proposed amendment. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (b) hereof.
(d) The applicant shall post one sign per public street frontage of the subject property indicating the 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 two (2) feet by three (3) feet.
(e) Within thirty days after the public hearing provided in subsection (a) hereof, the Commission shall recommend to Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment not be granted. The Commission chairperson shall transmit such recommendation to Council.
(f) Upon receipt of the recommendation from the Commission, the Council Secretary shall schedule the amendment as an item of new business at a general Council meeting to be held within forty days but not less than twenty days from receipt of the
recommendation.
(g) At least thirty days notice shall be given prior to Council hearing on the zoning amendment. Notice shall be given in the newspaper in accordance with subsection (b) hereof, and to all property owners in accordance with subsection (c) hereof.
(h) At the next regularly scheduled Council meeting after the public hearing required in subsection (g) hereof Council shall either adopt or deny the recommendation of the Commission or adopt some modification thereof.
(i) Such amendment adopted by Council shall become effective thirty days after the adoption.
(Ord. 33-2021. Passed 8-17-21.)