(A) The decision of the Board of Appeals is final. However, a person having an interest affected by the Zoning Ordinance may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the Board of Appeals to ensure that the decision meets all of the following requirements:
(1) Complies with the constitution and laws of this 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 of Appeals.
(B) (1) If the court finds the record of the Board of Appeals inadequate to make the review required by this section, or that additional material evidence exists that with good reason was not presented to the Board of Appeals, the court shall order further proceedings before the Board of Appeals on conditions that the court considers proper.
(2) The Board of Appeals may modify its findings and decision as a result of the new proceedings, or may affirm the original decision. The supplementary record and decision 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 of Appeals.
(Prior Code, § 154.357) (Ord. 48, passed 6-21-2005)