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Rainbow City City Zoning Code

ARTICLE VIII.

APPEALS

Sec. 40-734. - Standing.

Appeals to the zoning board of adjustment may be taken by any person aggrieved, or by an officer, department of board of the city.

(Zoning Ord. 2019, app. B, § 6.1, 6-24-2019)

Sec. 40-735. - Filing procedures.

Any appeal from the ruling of the zoning administrator concerning the enforcement of the provision of this chapter may be made to the zoning board of adjustment within 21 days after the date of the zoning administrator's decision which is the basis of the appeal. An administrative fee of $100.00 shall be collected before any appeal can be filed with the board. The person making the appeal must file with the officer whom the appeal is taken and the zoning board of adjustment, a notice of appeal specifying the grounds for the appeal. Upon receipt of the completed form and payment of the established fee, the zoning administrator shall immediately transmit to the zoning board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(Zoning Ord. 2019, app. B, § 6.2, 6-24-2019)

Sec. 40-736. - Hearing.

When a notice of appeal has been filed in proper form with the zoning board of adjustment, the secretary shall immediately place the request for appeal upon the calendar for hearing, and shall cause notices stating the time, place and object of the hearing to be served personally or by mail addressed to the party or parties making the request for appeal and to all adjoining property owners as given in the last assessment roll as submitted by the applicant. All mailed notices shall be sent to addresses as supplied by the applicant. Public notice shall also be given stating the time, place and purpose of such hearing. Additional notice shall be posted on the premises affected.

(Zoning Ord. 2019, app. B, § 6.3, 6-24-2019)

Sec. 40-737. - Withdrawal of appeal.

If the applicant wishes to withdraw the appeal at any stage prior to the determination by the board, this fact shall be noted on the appeal application, and appropriate copies, with the signature of the applicant attesting withdrawal. The original shall be retained by the secretary and filed with the minutes. One copy of the appeal shall be returned to the applicant.

(Zoning Ord. 2019, app. B, § 6.4, 6-24-2019)

Sec. 40-738. - Amendment of appeal.

Amendment of the appeal may be permitted at any time prior to or during the public hearing, provided that no amendment shall so alter the appeal as to make it different from its description in the notice of public hearing.

(Zoning Ord. 2019, app. B, § 6.5, 6-24-2019)

Sec. 40-739. - Additional information.

When deemed necessary, the board may request the applicant to provide such information as may be needed to determine a particular case.

(Zoning Ord. 2019, app. B, § 6.6, 6-24-2019)

Sec. 40-740. - Stay.

An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board of adjustment after the notice of the appeal shall have been filed with him that, for reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of adjustment or, on application, by a court of record when due cause can be shown.

(Zoning Ord. 2019, app. B, § 6.7, 6-24-2019)