(a) The decision of the Zoning Board of Appeals shall be final. However, a person having an interest aggrieved by this Zoning Code may appeal such decision to the Circuit Court. Upon appeal, the Court shall review the record and decision of the Board to ensure that the decision:
(1) Complies with the Constitution and laws of the State;
(2) Is based upon proper procedure;
(3) Is supported by competent, material and substantial evidence on the record; and
(4) Represents the reasonable exercise of discretion granted by law to the Board.
(b) If the Court finds that the record of the Board is inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the Board, the Court shall order further proceedings before the Board on conditions which the Court considers proper. The Board may modify its findings and decision as a result of the new proceedings or may affirm its original decision. The supplementary record and decisions shall be filed with the Court.
(c) As a result of the review required by this section, the Court may affirm, reverse or modify the decision of the Board.
(Res. 98-529A. Passed 12-21-98; Res. 08-363A. Passed 11-17-08, Eff. 12-3-08.)