(A) The decision of the Board of Appeals on Zoning shall be final. However, a person having an interest affected by this chapter may appeal to the Circuit Court. Upon appeal, the court shall review the record and decision of the Board of Appeals on Zoning 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 of Appeals on Zoning.
(B) If the court finds the record of the Board of Appeals on Zoning 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 of Appeals on Zoning, the court shall order further proceedings before the Board on conditions which the court considers proper. The Board of Appeals on Zoning 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 of Appeals on Zoning.
(Prior Code, § 153.626) (Ord. D-1418, § 2717, passed 11-22-1982, effective 1-21-1983)