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Banks County Unincorporated
City Zoning Code

ARTICLE XII

ADMINISTRATION, INTERPRETATION, ENFORCEMENT, PENALTIES AND REMEDIES6


Footnotes:
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Cross reference— Administration, ch. 2.


Section 1201.- Administration and interpretation.

The provisions of these regulations shall be administered by the zoning administrative officer who shall be appointed by the governing body and serve at its pleasure. The zoning administrative officer shall be responsible for interpretation of the provisions of these regulations and for maintenance of the official zoning map.

Section 1202. - Enforcement.

The provisions of these regulations may be enforced by the zoning administrative officer or any other county official to whom such authority may be delegated by the governing body from time to time.

Section 1203. - Grading permit required.

A grading permit shall be required for any proposed use of land(s), buildings or other structures(s) to indicate and insure compliance with all provisions of these regulations and any other county ordinances before any permit is issued or any improvement, grading, land disturbing activity or alteration of land(s), buildings or other structures commences; provided, however that grading permits for individual structures within approved single-family residential subdivisions or for single-family dwelling units on individual lots shall not be required. Approval of a preliminary plat in accordance with all applicable provisions of the county's subdivision regulations shall constitute approval of the grading permit for each subdivision. All grading permits shall be issued by the zoning administrative officer, who shall in no case approve a permit for the use, construction, or alteration of any land, building or other structure if the land, building or other structure 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. A grading permit shall be valid for six months from its issuance; provided, however, that if work described in any permit has not begun within 120 days from the date of issuance thereof, said permit shall expire, and further work shall not proceed unless and until a new permit has been obtained.

Section 1204. - 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 or other structure be commenced until the zoning administrative officer has issued a building permit for such work in conformity with the provisions of these regulations. A site plan shall be required for residences and accessory structures on 5 acres or less. All building permits shall be issued by the zoning administrative officer. In cases of uncertainty regarding whether a proposed building or other structure conforms to any provisions of these regulations, the zoning administrative officer shall consult with the county attorney for his interpretation. A building permit shall become invalid unless the work authorized by it shall have been commenced within 90 days after its date of issue, or if the work authorized by it is suspended or abandoned for a period of six months or more.

(Ord. No. 2022-09, § 1, 1-11-2022)

Section 1205. - Section certificate of occupancy required.

A certificate of occupancy issued by the building official or zoning administrative officer is required in advance of occupancy or use of any lot or change or expansion in the use of any lot, any building or other structure hereafter erected, or any change in the use of an existing building or other structure. All certificates of occupancy shall be issued by the building official or zoning administrative officer, and no such certificate shall be issued unless the proposed use of a building, other structure or land conforms to the applicable provisions of these regulations and other applicable county regulations. Business licenses shall not be issued until the business conforms to these and all other applicable county regulations and a valid certificate of occupancy is issued.

Section 1206. - 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, shall be fined not less than $50.00 nor more than $1,000.00 for each offense, or as determined by the court of proper jurisdiction. Each day such violation continues shall constitute a separate offense.

Section 1207. - Remedies.

In case any building or other 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 building official, zoning administrative officer, the governing body, or any other appropriate authority may, in addition to other remedies, and after due notice to the owner of the violation, issue a citation for violation of these regulations requiring the presence of the violator in the court of proper jurisdiction; institute injunction, or other appropriate actions or proceedings 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, other structure or land. Where a violation of these regulations exists with respect to a building, other structure or land, the officials enforcing these regulations 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.