§ 2-404. Determination; submission of recommendation to board; factors considered.

(a)

Time for submission of findings and recommendation. Within a reasonable time, not more than 60 days, after the close of the hearing on a proposed amendment or variation, which hearing may be adjourned from time to time, the planning and zoning board shall make written findings of fact and shall submit the same together with its recommendations to the board of trustees.

(b)

Amendments and variations must be in public interest. The planning and zoning board shall not recommend the adoption of a proposed amendment or variation unless it finds that the adoption of the amendment or variation is in the public interest and is not solely in the interest of the applicant.

(c)

Additional factors considered for zoning changes. Where the purpose and effect of the proposed amendment are to change the zoning classification of particular property or seek a variation in use, the planning and zoning board shall make findings based upon the evidence presented to it in each specific case with respect to the following:

(1)

Existing uses of property within the general area of the property in question;

(2)

The zoning classification of the property within the general area of the property in question;

(3)

The suitability of the property in question for the uses permitted under the existing zoning classification; and

(4)

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 property in question was placed in its current zoning classification.

(d)

Additional factors considered for variations. Variations shall be considered for recommendation by the planning and zoning board only when they are in complete harmony with the general purpose and intent of the zoning regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations pertaining to the use, construction or alteration of buildings or structures or the use of land. In its consideration of the standards of practical difficulties or particular hardship, the planning and zoning board shall require evidence of the following:

(1)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district, and the plight of the owner is caused by unique circumstances; and

(2)

The variation, if granted, will not alter the essential character of the locality.

(Code 1978, § 2-3-7; Code 1997, § 2-337)