(a) Hearing of Appeals and Variances. The Board shall allow any interested party to submit admissible evidence or testimony to the Board, provided that all testimony shall be submitted under oath, and all interested parties shall be permitted to cross-examine witnesses and present their positions, arguments and contentions. In the event the Board determines that evidence or testimony is not admissible, the Board shall permit the proffer of such evidence in a manner which allows for the creation of a complete record.
(b) Quorum and Vote. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business. In each case a motion or motions shall be made to grant the relief requested. Such motions may be made and seconded by members who are opposed to the motion. The affirmative vote of three members of the Board shall be necessary for any official decision. Failure to receive three (3) affirmative votes will constitute a denial of the motion pending before the Board and will result in an affirmance of the prior administrative action being reviewed, or the requested variance(s) will be considered denied. Prior to voting on a motion, Board members shall state facts which support their decision. Such facts shall become the basis for Conclusions of Fact by the Board. Members may state their agreement with a prior articulation of facts and need not restate all facts supporting their decision prior to voting on the motion.
(c) Decisions and Conclusions of Fact. After the public hearing, the Board shall make its determination which shall include a decision and conclusions of fact. The Board shall also prepare its record in accordance with Section 1111.06 of this Chapter, when the matter will be referred to Council for review of the decision of the Board of Zoning Appeals.
(Ord. 2019-39. Passed 8-13-19.)