Legal Documents of Gatlinburg

The owner, lessee, occupant, or person having control of such property who is aggrieved by the determination and order of the city may appeal therefrom to the board of adjustment and appeals within five (5) days from the date of service of the notice. The board of adjustments and appeals is hereby designated as the appropriate board to hear such matters. Such appeal shall be taken by filing with the city manager, a notice of appeal stating in a brief and concise form the grounds therefore. The board shall hear and determine such appeal as promptly as practicable but within thirty (30) calendar days of the filing of the appeal and shall have the power to reverse or modify the order of the city manager. The decision of the board, together with the reasons therefore, shall be in writing and filed with the city manager as a public record. The order of the city manager may be reversed or modified only by the affirmative vote of a majority of the members of the board. Unless it is made to appear that the order of the city is contrary to the provisions of this chapter or other law or ordinance or is arbitrary and constitutes an abuse of discretion, the board shall affirm the order of the city. An owner, agent, or occupant who fails, refuses or neglects to comply with the orders of the city if and as modified by the board shall be in violation of the provisions of this chapter. Any party aggrieved by the action of the board of adjustments and appeals may appeal the decision of the board as provided by law in cases of certiorari. (1976 Code, § 8-417, as replaced by Ord. #2299, Sept. 2003)