88-575-08-A.
The board of zoning adjustment must hold at least one public hearing on the appeal.
88-575-08-B.
In acting on the appeal the board of zoning adjustment must grant to the administrative
official's decision a presumption of correctness, placing the burden of persuasion
of error on the appellant. In exercising the appeal power, the board of zoning adjustment
has all the powers of the official from whom the appeal is taken, and the board of
zoning adjustment may reverse or affirm wholly or partly or may modify the decision
being appealed. If the board of zoning adjustment determines that it is necessary
to obtain additional evidence in order to resolve the matter, it may remand the appeal
to the official from whom the appeal is taken, with directions to obtain the necessary
evidence and to reconsider the decision in light of that evidence.
88-575-08-C.
A concurring vote of at least 4 members of the board of zoning adjustment is required
to reverse any order, requirement, decision, or determination of an administrative
official.
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