When the provisions of this ordinance specify more restrictive standards than required by any other statute, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards, the provisions of such statute shall govern.

Should any section or part of a section or any provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

All ordinances and parts of ordinances in conflict herewith are repealed.

The official zoning map(s) of Commerce, Georgia, are by incorporated by reference herein and made a part of this ordinance. The official map(s) shall be available for public inspection in the office of the city clerk.

This Zoning Ordinance of Commerce, Georgia shall be and is hereby executed in triplicate, each signed copy being an original to be marked and distributed as follows.

If the zoning administrator or his/her assistant determines that any person is in violation of this ordinance, the zoning administrator shall issue an order requiring the owner to comply with this ordinance including orders requiring restoration of pre-existing conditions and orders requiring restitution to the city by means that are deemed appropriate by the city. In addition, the city may bring a civil action for enforcement and may seek equitable and injunctive relief under this ordinance.

Any person who is determined to be in violation of any provision of this ordinance by the city shall be fined a civil penalty of not less than $100.00 per day of violation and not more than $1,000.00 per day of violation.

Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction in municipal court shall be punished by imprisonment of not more than six months or by a fine of not more than $500.00, or both, for the first offense and by imprisonment of not more than one year or by a fine of not more than $1,000.00, or both for each subsequent offense. Additionally, any violation of any provision of this ordinance of failure to comply with any of its requirements shall be grounds for immediate suspension or revocation by the zoning administrator of any and all related permits.

Should any section or part of a section or any provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

Shall be maintained in the zoning administrator's office for day to day use in zoning and planning.

Shall be incorporated into the minutes of the meeting of the mayor and council of commerce and maintained by the city clerk. The minute book original shall hereafter be deemed the original or official copy. Any subsequent amendment shall be made only by official action as prescribed herein. The original shall not be altered but amendments shall be identified on separate sheets each separately numbered and supported by the date and official action ordinance amendment in which the change was approved. In the case of a comprehensive amendment to the zoning ordinance, a copy of all proposed changes may be incorporated into one document. Since a comprehensive amendment may incorporate substantial material changes as well as insignificant technical changes, all substantial material changes must be made available to the public separate from the complete zoning ordinance and clearly identifiable. Substantial changes must be approved individually by the mayor and council.

If the zoning administrator or building official executes an action which the aggrieved party believes to be contrary to this ordinance, that action may be appealed. Such an appeal must be filed within 30 days of the date on which the action by the zoning administrator or building official was taken.

The board of zoning appeals has jurisdiction for hearing appeals concerning actions of the zoning administrator or building official related to this ordinance. Applications for appeal may be obtained from and submitted to the city clerk, who will transmit them to the board of zoning appeals for its consideration.

When an action of the zoning administrator or building official is appealed, all construction or other activity authorized by the appealed action must be stopped immediately. In certain cases, however, the building official may feel that the stopping of such construction or other activity authorized by the appealed action will cause imminent peril to life or property. Then, the building official may certify the board of zoning appeals that, by reason of facts stated in the certificate, the halting of construction or other activity authorized by the appealed action would in his opinion cause imminent peril to life or property. In such cases, the construction or other activity authorized by the appealed action is allowed to continue unless the construction is halted by the board of zoning appeals or a restraining order is granted by a count of competent jurisdiction.

When an application for appeal of an action of the zoning administrator or building official is received, the board of zoning appeals will set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in Commerce at least 15 days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the board of zoning appeals by certified mail with return receipt requested and postmarked at least 15 days before the hearing. Any person may appear at the hearing, or have a representative attend instead.

The board of zoning appeals shall hold a public hearing on the matter in accordance with section 5.01.005. After the hearing, the board of zoning appeals may recommend granting the appeal or denying the appeal. Within seven days of its recommendation, the city clerk shall notify the appellant in writing. The recommendation of the board of zoning appeals shall be considered by the city council at its next regularly scheduled city council meeting and the city council will make a final determination regarding the appeal at such meeting. Any person aggrieved by the decision of the city council may petition the Jackson County Superior Court for a writ of certiorari within ten days following the decision of the city council.