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Smyrna City Zoning Code

ARTICLE XVII

APPEALS OF ADMINISTRATIVE DECISIONS

Sec. 1700.- Intent.

It is the intention of this chapter that all questions arising in connection with the administration, interpretation, and enforcement of this Zoning Ordinance shall be presented first to the director of community development, and that such questions shall be presented to the license and variance board only on appeal from decision of an administrative official.

(Ord. No. 2009-11, 8-17-09; Ord. No. 2021-08, 4-19-21; Ord. No. 2021-13, 7-6-21)

Sec. 1701. - Who may appeal.

Any person who alleges there is an error in, or who is aggrieved by a decision of the community development director, building inspector, city engineer, or other administrative official in the administration, interpretation, or enforcement of this Zoning Ordinance, may file an appeal with the license and variance board, stating the grounds for such appeal. Appeals of administrative decisions may also be filed for consideration by the license and variance board by any officer, department, or board or commission of the City of Smyrna, affected by any such administrative decision. Said appeal application shall be filed within 30 days of the date of decision of the administrative official.

(Ord. No. 2009-11, 8-17-09; Ord. No. 2021-08, 4-19-21; Ord. No. 2021-13, 7-6-21)

Sec. 1702. - Procedures.

Any appeal received and all papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted by the community development director to license and variance board. Such appeal shall follow the procedures and notification requirements established under sections 1400—1405 of this zoning ordinance.

(Ord. No. 2009-11, 8-17-09; Ord. No. 2021-08, 4-19-21; Ord. No. 2021-13, 7-6-21; Ord. No. 2023-006, 6-5-23)

Sec. 1703. - Stay of proceedings.

The filing of an appeal stays all legal proceedings in furtherance of the action appealed from, unless the community development director certifies to the license and variance board after the notice of appeal shall have been filed with him or her, that by any reason of acts stated in the certificate a stay would, in his or her opinion, cause eminent peril to life and property. In such case, proceedings shall not be stayed.

(Ord. No. 2009-11, 8-17-09; Ord. No. 2021-08, 4-19-21; Ord. No. 2021-13, 7-6-21)