1. In exercising the powers mentioned in Section 174.10, the Board of Adjustment may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determinations as it believes proper, and to that end shall have all the powers of the Zoning Enforcement Officer. The concurring vote of four of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter; provided, however, that the action of the Board shall not become effective until it has filed a written decision in the board office describing the action taken, the vote of each member participating therein and the reasons for such action, specifying the manner in which the applicant either satisfied or failed to satisfy each of the applicable standards, conditions or elements set forth in Section 174.10. Decisions shall be filed promptly following the Board's action and shall be open to public inspection.
2. Every variation and exception granted or denied by the Board shall be supported by a written testimony or evidence submitted in connection therewith.
3. If any application for a variance or exception shall have been denied by the Board of Adjustment, no new application for the same relief shall be considered for two years by the Board unless the Board shall find that conditions have changed.
4. Any taxpayer or any officer, department, board or bureau of the City or any persons jointly or severally aggrieved by any decision of the Board may present to a court of record a petition for writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board. All decisions of the Board, except decisions granting use variances or a variance from any separation requirement shall be final immediately upon filing. Each decision granting a use variance or a variance from any separation requirement shall be referred to the City Council for review pursuant to I.C. §414.7. The City Council shall review such decision within 30 days after the decision is filed. After such review, the Council may remand the decision to the Board for further study. If the City Council does not act to review the decision within 30 days after it is filed, the decision shall become effective on the 31st day. If the City Council declines to remand a decision, that decision shall become final on the date of the Council's action. If the City Council remands a decision to the Board, the effective date of the decision is delayed for 30 days from the date of remand.
5. Upon remand of a decision from the City Council, the matter shall be placed on the agenda for further study at the first Board meeting after such Council action. If, for any reason, the Board does not hold a regularly scheduled meeting during such 30-day period, it shall be required to hold a special meeting and consider an act upon the remanded decision within such 30-day period. At such meeting the Board shall act to either affirm its earlier decision or grant a rehearing. A rehearing shall be treated in the same manner as an appeal pursuant to Section 174.09, except that no fee shall be payable. If the Board grants a rehearing, its initial decision shall be deemed to have been withdrawn. The Board decision on rehearing is not reviewable by the City Council and shall be final upon filing.