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Alto City Zoning Code

ARTICLE XXIV

ADMINISTRATION, INTERPRETATION, ENFORCEMENT, PENALTIES AND REMEDIES

Section 2401.- Administration and interpretation.

The provisions of this ordinance shall be administered by the Governing Body of the Town of Alto, being the Town Council, or its authorized representative, who shall be appointed and serve at the pleasure of the Town Council, upon proper resolution duly passed. Unless the context requires otherwise, the term "Zoning Administrator" shall refer to the Governing Body of the Town of Alto, or its duly authorized representative, who may be, but does not have to be, the Mayor. The Zoning Administrator shall be responsible for interpretation of the provisions of these regulations and for maintenance of the Official Zoning Map.

Section 2402. - Enforcement.

The provisions of these regulations shall be enforced by the Zoning Administrator.

Section 2403. - Development permit required.

A development permit shall be required for any proposed use of land(s) or building(s) to indicate and insure compliance with all provisions of these regulations before any building permit is issued or any improvement, grading, land disturbing activity or alteration of land(s) or building(s) commences; provided, however, that development permits for individual structures within approved single-family residential subdivisions or for single-family dwelling units on individual lots shall not be required. If a land disturbance permit is required pursuant to the Town's soil erosion and sediment control ordinance, then the procedures of said ordinance must also be followed.

Each and every property/lot considered for development shall be served by water and waste water disposal. Water service shall be provided by the Town of Alto, Habersham County Water Systems, Banks County Water Systems and or properly permitted and/or licensed well, within the service delivery area designated and approved by the Department of Community Affairs. Waste Water Treatment shall be provided by the exclusively by the nearest service provider as defined by the service delivery designation as approved by the Department of Community Affairs. The application and treatment of waste water treatment by others (private, public, individually) is prohibited in the designated sewer service area. Septic treatment of waste water is permissible only when waste water treatment is not directly obtainable, and single septic treatment is approved by the Department of Environmental Health in the proper governing jurisdiction. All development permits/ application shall reflect the approved amount of water withdrawal and discharge for the development.

All development permits shall be issued by the Zoning Administrator or other proper agent, who shall in no case approve a development permit for the use, construction, or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of these regulations or any other codes and laws. Development permits shall be valid for one (1) year from its issuance. If work described in any development permit has not begun within three hundred sixty-five (365) days from the date of issuance thereof, said permit shall expire, and further work shall not proceed until a new development permit has been obtained.

Section 2404. - Building permit required.

No building, structure or sign, except as specifically exempted by these regulations, shall be erected, moved, extended, enlarged or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Zoning Administrator or other properly designated agent, or both, has issued a verification of zoning compliance and a building permit for such work in conformity with the provisions of these regulations.

All building permits shall be issued by the Zoning Administrator or other properly designated agent, or both. In cases of uncertainty regarding whether a proposed building or structure conforms to any provisions within these regulations, the Zoning Administrator, or other properly designated agent, or both, shall make the determination. Building permits shall become invalid unless the work authorized by it shall have been commenced within ninety (90) days of its date of issue, or if the work authorized by it is suspended or abandoned for a period of six (6) months or more.

Section 2405. - Certificate of occupancy required.

A Certificate of Occupancy issued by the Zoning Administrator, or other properly designated agent, or both, is required in advance of occupancy or use of any lot or change or extension in the use of any lot; any building or structure hereafter erected; or any change in the use of an existing building or structure.

All Certificates of Occupancy shall be issued by the Zoning Administrator or other properly designated agent, or both, and no such Certificate shall be issued unless the proposed use of a building or land conforms to the applicable provisions of these regulations. Business licenses shall not be issued until the business conforms to the regulations of the district in which it is located and a valid Certificate of Occupancy is issued.

Section 2406. - Penalties for violation.

Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of these regulations shall be guilty of a misdemeanor and, upon conviction, may be fined or punished in accordance with the maximum penalties allowed by the charter or general state law for each offense, or as determined by the court of proper jurisdiction. Each day such violation continues shall constitute a separate offense.

Section 2407. - Remedies.

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building structure or land is or is proposed to be used in violation of any provision of these regulations, the Zoning Administrator or any other appropriate authority may, in addition to other remedies, and after due notice to the owner of the violation, issue a violation for violation of these regulations requiring the presence of the violator in the court of proper jurisdiction; institute injunction, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate such violation or to prevent the occupancy of such building, structure or land. Where a violation of these regulations exists with respect to a structure or land, the Zoning Administrator may, in addition to other remedies require that utility service be withheld therefrom until such time as the structure or premises is no longer in violation of these regulations.