The Board of Zoning Appeals shall hear any questions or disputes involving the interpretation of provisions of this Planning and Zoning Code, which shall be final, unless the matter is referred to the Council as set forth in this Chapter 1111. The Board of Zoning Appeals shall determine whether or not a variance from the strict letter of the Planning and Zoning Code should be granted. The Board of Zoning Appeals shall determine whether decisions of administrative officers, boards or commissions should be affirmed, reversed or modified on appeal.
(a) When reviewing a decision of the Planning and Zoning Commission where it has acted to modify any part of the Planning and Zoning Code, as applied to any proposed development, the Board of Zoning Appeals shall be guided by the review standards set out in Sections 1111.07, 1111.08 and 1111.09 of this Chapter 1111, to the extent applicable.
(b) If the standards set out in subsection 1111.01(a) are not applicable, then the Board of Zoning Appeals shall follow the review standards set out in the following subsections:
(1) When reviewing other decisions of the Planning and Zoning Commission, or decisions of the Architectural Board of Review, or any administrative officer, the Board of Zoning Appeals shall first determine if (a) the decision was based on a correct interpretation of the Ordinances and Regulations of the Municipality; and (b) the decision was not unreasonable or an abuse of discretion, where discretion is permitted by the Ordinance or Regulation that is the basis for the decision being reviewed.
(2) If the decision was based on an incorrect interpretation, or was unlawful, unreasonable or an abuse of discretion, as the case may be, the Board of Zoning Appeals may reverse, modify or remand the matter to the administrative officer, board or commission that rendered such decision. Otherwise the Board of Zoning Appeals shall affirm such decision.
(Ord. 2022-10. Passed 4-11-22.)