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  • Knowledgebase-Appeals by City Employees Regarding Disciplinary Action or Termination -- A Telephone Survey Conducted by the MTAS Library
    by City Employees Regarding Disciplinary Action or Termination A Telephone Survey Conducted by the MTAS Library Summary Cities were asked about the appeals process for employees who are disciplined or terminated Original Author Cox Leah Co Author Product Create Date

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/38f0f9933cbb27f685256ace005cc572?OpenDocument (2015-11-11)
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  • Knowledgebase-Appeals from Decisions of the City's Board of Zoning Appeals
    of at least one city in Tennessee Knoxville there may be a few others in which the zoning ordinance provides for an appeal from the BZA to the city s governing body In that case BZA decisions are not final decisions However most zoning ordinances are either silent on appeals of BZA decisions or expressly provide that appeals from BZA decisions are to the courts I have been unable to find a copy of the city s zoning ordinance but I presume that it does not provide for an appeal of BZA decisions to the city s governing body Tennessee Code Annotated section 27 9 101 provides that Anyone who may be aggrieved by any final order or judgment of any board or commission functioning under the laws of this state may have said order or judgment reviewed by the courts where not otherwise specifically provided in the manner provided by this chapter Tennessee Code Annotated section 27 9 102 further provides that the petition of certiorari is filed in the chancery court However Tennessee Code Annotated section 27 9 103 provides that The circuit court is given concurrent jurisdiction over such proceeding Those statutes apply to both common law and statutory writs of certiorari However they do not destroy the distinction between the two writs rather they only offer a procedure for the filing of such writs Tennessee Real Estate Commission v Potts 428 S W 2d 794 Tenn 1968 Hoover Motor Express Co v Railroad Public Utilities Commission 246 S W 2d 15 Tenn 1951 As indicated above the law governing the establishment of BZAs contains no provision for the avenue of appeal of BZA decisions For that reason if the zoning ordinance is silent on the question of the avenue of appeals of BZA decisions or provides

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/6deb8fb99789d28d85256c5600457b3e?OpenDocument (2015-11-11)
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  • Knowledgebase-Appeals of Building Code Violations
    notice of appeal specifying the grounds thereof The codes enforcement officer shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken The board of codes appeals shall fix a reasonable time for the hearing of appeal give public notice thereof as well as due notice to the parties in interest and decide the same within a reasonable time At the hearing any party may appear in person or by agent or attorney Notice of appeal shall be in writing and when filed shall be accompanied by a fee of twenty five dollars 25 00 There is another section that answers the Administrator s question about what happens to the fine imposed during the pendency of the appeal Section 12 109 states An appeal stays all proceedings in furtherance of the action appealed from unless the codes enforcement officer from whom the appeal is taken certifies to the board of codes appeals after the notice of appeal is filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life and property In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of codes appeals or by a court of record on application on notice to the codes enforcement officer from whom the appeal is taken and on due cause shown The term stay means that the fine would not be collected until the appeal has concluded If the person appealing wins his her appeal the fine would be voided The Administrator also asked if it is necessary for the city to give notice of the right to appeal to the board of codes appeals before sending the matter to

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/60389b41a72b550285256b98004e8198?OpenDocument (2015-11-11)
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  • Knowledgebase-Application for a Use on Review for the Siting of a Cellular Tower
    requires amendments to zoning ordinances to be referred to the planning commission for approval or disapproval prior to a hearing by the city council This is a persuasive argument considering that Article IV Section 105 which governs procedures for uses on review does not expressly provide for referral of applications for uses on review to the planning commission Even if the General Standards in Article VII Section 101 apply to specifically listed uses on review it can be argued that the sentence Such attendant restrictions and conditions shall be made a part of the amendment to this Ordinance allowing said reviewed use and shall be noted on the Zoning Map contained in General Standard 101 2 does not apply to each use on review granted by the city council rather that the this Ordinance in that sentence refers to amendments to city s zoning ordinance authorizing a certain category of uses on review in particular the restrictions that apply to those uses on review Cellular towers were added to the specifically listed uses on review in Article VII by Ordinance 633 Ordinance 633 contained certain restrictions on the approval of uses on review Under this argument this Ordinance refers to Ordinance No 633 specifically the restrictions on cellular towers contained within that ordinance If we accept the argument that Article VII Section 101 2 does not apply to specially listed uses on review applications for the approval of a use on review for a cellular tower requires only one hearing and we need analyze the question no further If that argument is not accepted there remain the other arguments including the argument that the language of the zoning ordinance and of Ordinance No 633 contemplates only one hearing the argument that the ordinance referred to in General Standard 101 2 refers to the city s zoning ordinance and the argument that the zoning ordinance does not provide for planning commission consideration of uses on review All of those are individually and collectively good arguments Argument That Uses On Review Require Passage By Ordinance Article IV outlines the powers of several city planning entities including the planning commission board of zoning appeals and the city council and prescribes the procedures for various actions of those entities including amendments to the zoning ordinance variances and uses on review Section 103 outlines the powers of your city council among which is b Hearing and deciding applications or zoning changes upon receipt of the Planning Commission s recommendations Such changes may include special conditions the Commission feels are necessary to prevent the changed use for negatively impacting existing uses but such special conditions shall be made a part of the legally binding Amendment to this Ordinance and shall be noted on the Zoning Map In addition Article IV Section 104 which governs the procedure for amendments to the zoning ordinance and rezonings says in Section 104 2 8 that The City Commission may when enacting an amendment to this Ordinance attach additional conditions or restrictions in use Setback sic access screening or any other factor designed to protect the neighboring properties from adverse effect sic Such conditions and restrictions shall be inserted into the enacting legislation and shall be noted on the Zoning Map and shall be enforced as provided in this Ordinance Those provisions undoubtedly refers to the imposition of special conditions or additional conditions or restrictions by the city council in the context of an amendment to the zoning ordinance including rezoning rather than in the context of the imposition of special conditions or restrictions on the approval of a use on review However I point to those provisions because their emphasized portions are almost identical to the last sentence in Article VII Section 101 2 or General Standard 101 2 as it is referred to above Such attendant restrictions shall be made a part of the amendment to this Ordinance allowing said reviewed use and shall be noted on the Zoning Map As I understand it all those provisions were contained in the zoning ordinance at the time it was adopted in 1989 Whatever the case there it is clear that whoever drafted Article VII Section 101 2 knew of the existence of Article IV Section 103 and Section 104 2 8 Article IV Section 103 and Section 104 2 8 apply to both amendments to the zoning ordinance itself and to rezonings including special conditions and restrictions attached to rezonings The nearly identical language of Article VII Section 101 2 suggests that it applies to the approval of individual uses on review as well as to categories of uses on review added to the zoning ordinance In fact Article VII Section 100 indicates that uses on review not specifically listed in that Article may be approved by he city council Any special conditions or restrictions pertaining to such an approved use on review would have no way to make it to the zoning map except by ordinance While it is true that generally special permits are not amendments to zoning ordinances but conditions imposed under the authority of the zoning ordinance and that in Tennessee uses on review are administrative rather than legislative decisions I can find no law or doctrine preventing a city from requiring administrative decisions in general and special permits in particular to be issued by ordinance Indeed what the zoning ordinance says about the place of the zoning map in the scheme of the zoning ordinance is consistent with requiring uses on review to be approved by ordinance Article II Section 231 defines the Zoning Map as An official map kept at the offices of the Regional Planning Commission which delineates the boundaries of the various Zoning Districts and which along with the Zoning Ordinance Text comprises the Zoning Ordinance Article III Section 100 sets out the zoning districts and boundaries of the city Article III Section 101 then declares that The boundaries of said district are hereby fixed and established as shown upon the Zoning

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/37936301c7fd852885256c560044bf4c?OpenDocument (2015-11-11)
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  • Knowledgebase-Application for Adult Entertainment Permit and License
    Permit and License Summary MTAS was asked to develop applications for an adult entertainment permit and license Original Author Darden Ron Co Author Product Create Date 02 06 2004 Last Reviewed on 03 19 2010 Subject Businesses Laws and regulations

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/04fd510c5b1b3d9585256e320071e0bf?OpenDocument (2015-11-11)
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  • Knowledgebase-Application for Building Permit, City of Loudon, Tennessee
    Tennessee Summary An example of a building permit application that includes a schedule of fees and diagram of the proposed building Original Author Loudon Co Author Product Create Date 01 02 93 Last Reviewed on 09 24 2014 Subject Building

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/28c6dd73bf553b8085257d5d005cee6c?OpenDocument (2015-11-11)
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  • Knowledgebase-Application for Certificate of Public Purpose and Necessity for Industrial Parks
    have been established by estimate the source of the estimate and sufficient additional information concerning the estimate to establish that the party making the estimate is well qualified and has enough experience and knowledge to make the estimate and iii In the case of land costs you must provide in addition to any option or contract setting forth the purchase price an independent appraisal of the property by a licensed or certified real estate property appraiser 4 Include in the Appendix with reference to the sources of funding the following A If provided by a governmental agency either by loan or grant a copy of the application for funding necessary approvals including approvals by development districts letters from any state of federal agency from which funds are elicited B If the loan is from a commercial lender a copy of the loan agreement including mortgages security agreements etc C If the source of the funds is to be by issuance of bonds general obligation or otherwise a copy of all proposed recitals to become part of the bonds including bondholders remedies lien rights pre payment rights penalties for late payments and estimated interest rates and or amortization schedule for the bonds 5 A Payment versus Revenue Statement This statement should contain a tabulation of the estimated annual payments which will be required to meet any indebtedness incurred by the municipality in undertaking the project as well as a summary of expected revenues from the project including estimated amounts and the dates the revenues will be received Include in the Appendix to the Application with the reference to the revenues the following A In cases where the anticipated revenues are based on the sale of land a detailed and thorough discussion of the projected sales price used in establishing projected revenues and a discussion of the feasibility of the projected dates used in establishing the time at which such revenues will become available and B In the Appendix also include with reference to payments a complete amortization schedule for retiring the indebtedness incurred as a result of the project 6 An emergency financing statement This statement must contain a detailed plan showing where the municipality will obtain any emergency funding needed to meet expenses in the event project revenues do not materialize on schedule 7 Sworn Statements from the appropriate official to the municipality Such statements are to contain A The total assessed value of property within the municipality by an assessor of property assessed value is the value of all property within the municipality to which the tax rate is applied B A general tabulation of all outstanding General Obligation bonds issued by the chief fiscal officer of the city C A specific tabulation of all outstanding bonds under the authority of T C A 7 55 101 et seq and or T C A 13 16 201 et seq by the chief fiscal officer of the city 8 An Engineering Report Must contain the following information and or address

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/bc825d4f02a8f8fc85256c0900612c9f?OpenDocument (2015-11-11)
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  • Knowledgebase-Application for Wastewater Service
    for Wastewater Service Summary MTAS was asked for an application form for wastewater service Original Author Young Bill Co Author Product Create Date 07 14 2004 Last Reviewed on 10 07 2005 Subject Wastewater Forms Forms Wastewater Rates and charges

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/49ca2ed81b5af26785256ed200400ddb?OpenDocument (2015-11-11)
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