In exercising the powers enumerated in this Code of Ordinances, the Board 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 determination as it believes proper. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this section; provided, however, the action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and vote of each member participating therein, has been filed. Such resolution, immediately following the Board's decision, shall be filed in the office of the Board, recorded at the Office of the County Recorder, and shall be open to public inspection. Every variation and exception granted or denied by the Board shall be supported by written testimony and evidence submitted in connection therewith. The City
Council may review appeals, variances, exceptions or other requests granted by the Board before their effective date and may remand a decision to grant on appeal, variance, exception or other request to the Board for further study. Upon City Council action to remand a decision by the Board, the effective date of the decision shall be delayed for thirty (30) days from the date of the remand. Any taxpayer; any officer, department, board, or bureau of the City of OSCEOLA; or any person or persons jointly or severally aggrieved by any decision of the Board may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board, in accordance with the Code of Iowa.
(Ch. 28 – Ord. 480 – Jan. 10 Supp.)