(A) Authority. For the purposes of promoting the public health, safety, morals, welfare, and conserving values of property throughout the county, and lessening or avoiding congestion in the public streets and highways, the County Board may from time to time, in the manner hereinafter set forth, amend the regulations imposed and the districts created by this chapter, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire county, and the use to which property is devoted at the time of adoption of any amendatory ordinance.
(B) Findings of fact and recommendations of the Zoning Board of Appeals.
(1) Within a reasonable time after the close of the hearing on a proposed amendment, the Zoning Board of Appeals shall make written findings of fact and shall submit the same together with its recommendation to the County Board. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(a) Existing use of property within the general area of the property in question;
(b) The zoning classification of property within the general area of the property in question;
(c) The suitability of the property in question for the uses permitted under the existing zoning classifications; and
(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.
(2) The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds the adoption of such an amendment is in the public interest. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this division (B)(2), the R1 District shall be considered the highest classification and the M2 District shall be considered the lowest classification.
(Ord. O-95-2-12, passed 2-9-2012)