122.04 ABUSE OF DISCRETION STANDARD OF REVIEW.

   Council, whether reviewing the transcript or having a rehearing, shall consider an appeal of a decision of the Board based upon an abuse of discretion standard i.e., by deciding whether the Board's decision when it applied the standard in Section 122.01 was unreasonable, arbitrary, or unconscionable. When applying an abuse of discretion standard, Council may not substitute its judgment for that of the Board. The decision of the Board shall be affirmed by Council if Council finds there is any reasonable basis for the Board's decision.

(Ord. 2022-23. Passed 12-19-22.)