19.135.040 Findings for an appeal.
(A) When considering an appeal of a decision or interpretation made by the director, the board of adjustment shall make its determination based on the following:
(1) The director did or did not evaluate all relevant provisions of this zoning ordinance; or
(2) The director did or did not consider all relevant information related to the decision or interpretation; or
(3) The director’s decision was in error.
(B) If the board of adjustment determines that the decision or interpretation made by the director was made in error, the resulting decision by the board shall not constitute an amendment to this title by permitting a use which is not otherwise allowed, or waive the development standards of the zoning district in which the property is located. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(D))