(A) Decisions of the Zoning Board of Appeals shall be final. However, a person having an interest affected by a decision of the ZBA may appeal to Circuit Court. Upon appeal, the Circuit Court shall review the record and decision of the ZBA to ensure that the decision:
(1) Complies with the constitution and laws of the state;
(2) Is based upon proper procedure;
(3) Is supported by competent material and substantial evidence on the record; and
(4) Represents the reasonable exercise of discretion granted by law to the Zoning Board of Appeals.
(B) If the court finds the record of the Zoning Board of Appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the Zoning Board of Appeals, the court shall order further proceedings before the Zoning Board of Appeals on conditions which the court considers proper.
(1) The Zoning Board of Appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision.
(2) The supplementary record and decision shall be filed with the court.
(C) As a result of the review required by this section, the court may affirm, reverse or modify the decision of the Zoning Board of Appeals.
(Ord. passed 6-28-2006)