§ 1449-17. Decision.

The Zoning Board of Appeals may find that the order, adjudication, or decision is illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record. Consistent with its findings, the board may affirm, reverse, vacate, or modify the order, adjudication, or decision, or remand the cause to the officer or body appealed from with instructions to enter an order, adjudication, or decision consistent with the findings or opinion of the Board.

A majority of the members of the board present and voting is required to reverse, vacate or modify the order, adjudication or decision. In the absence of a majority or in the case of a tie vote, the order, adjudication or decision is deemed affirmed.

The board may direct the appellant or other person who appeared at the hearing to propose findings of fact and conclusions of law supporting its decision. The chairman of the board has the duty to cause findings and conclusions to be entered on the record. A decision by the board is effective as of the date of mailing of the findings and conclusions. The staff for the board has the duty to send written notification of the decision to the appellant.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 84, eff. July 1, 2015)