(A) With respect to appeals, a motion to reverse, affirm, or modify an order, requirement, decision, or determination shall include, insofar as practicable, a statement describing the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the simple majority vote necessary for adoption, then the Board of Adjustment shall order a motion to uphold the original decision. For a variance request only, this motion is adopted as the Board of Adjustment’s decision provided that said motion is supported by more than one-fifth of the Board of Adjustment’s membership, excluding vacant seats. If for any other quasi-judicial matter, this motion is adopted as the Board’s decision if supported by more than one-half of the Board’s membership, excluding vacant seats.
(B) Before granting a variance, the Board of Adjustment must take a separate vote, and vote affirmatively (by a four-fifths majority) on each of the six required findings that are stated in § 152.116. Insofar as practicable, a motion to make an affirmative finding on each of these six requirements shall include a statement of the specific reasons or findings of fact regarding each requirement.
(C) A motion to deny a variance may be made on the basis that any one or more of the requirements in § 152.116 are not satisfied, or that the variance application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact. Also, such a motion is adopted as the Board’s decision if supported by more than one-fifth of the Board’s membership (excluding vacant seats).
(D) Before granting a special exception permit, the Board of Adjustment shall vote affirmatively on each of the requirements under § 152.117. A motion to deny a special exception may be made on the basis that any one or more of the requirements under § 152.117 are not satisfied, or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact.
(Ord. passed 12-20-2001)