A. The assembly may exercise its independent judgment on legal issues raised by the appellant. Legal issues are those matters that relate to the interpretation or construction of an ordinance or other provisions of law.

B. The assembly shall defer to the judgment of the commission regarding disputed issues of fact. Findings of fact adopted expressly or by necessary implication shall be considered as true if, based upon a review of the whole record, they are supported by substantial evidence. “Substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. If the record as a whole affords a substantial basis of fact from which the fact in issue may be reasonably inferred, the fact is supported by substantial evidence. [Ord. 90-15 §2, 1990].