In exercising the above mentioned powers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this chapter, recommend to Council that it reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination which ought to be made. The Board shall issue its recommendation prior to the scheduled public hearing. Every recommendation must be accompanied by a written finding of fact based on testimony and evidence presented to the Board, and by written reasons for the recommendation.
(A) Quorum. Four members shall constitute a quorum, and a concurring vote of three members shall be necessary for a recommendation. In the case of a tie vote, the motion is defeated. However, if the applicant requests, the Board shall reconsider the motion and deliver a recommendation (other than a tie vote) consistent with the constraints placed upon the motion by local codes or ordinances.
(B) Copy of Board's recommendation. A copy of the Board's recommendation shall be transmitted to the applicant or appellant and to the Administrative Official and to the Clerk of Council for presentation to Council members and to Planning Commission members.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 23-1991, passed 9-3-91)