(A) The Board of Appeals shall hear and decide requests for variances from the requirements of this chapter and appeals of decisions or determinations made by the Floodplain Administrator in the enforcement or administration of this chapter.
(B) Any person aggrieved by the decision of the Board of Appeals or any taxpayer may seek judicial review of any decision of the Board of Appeals by commencement of an action in the Perry Circuit Court within 30 days following the determination by the Board. The Board shall transmit to the Court its entire record on appeal, including any stenographic record, if applicable. On judicial review, the Court shall not set aside any decision of the Board unless it finds as a matter of law that:
(1) The decision is arbitrary or capricious;
(2) The decision is contrary to law or outside the lawful jurisdiction of the board; or
(3) The decision is not supported by substantial evidence in the record as a whole.
(Ord. 2005-9, Art. 6, passed 5-16-06)