The provisions of this ordinance shall be administered by the zoning administrator, who is hereby given the authority to perform such functions and/or to designate such other persons as he or she shall deem necessary to administer and to enforce the requirements of this ordinance, including, but not limited to, the issuance of stop work orders, the issuance of citations (in any appropriate form) to the Whitfield County Magistrate Court for violation hereof, and the seeking of injunctive relief in the Whitfield County Superior Court.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

A schedule of permit, application, and/or use fees, as adopted from time to time by the governing authority, shall be attached hereto as Appendix "A."

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

It shall be unlawful to commence the excavation or filling of any lot for the construction of any structure which requires a permit to build or to commence construction of any structure which requires a permit to build or to commence the moving or alteration of any structure which requires a permit to build or to commence the development or improvement of land for a use not requiring a structure until a permit has issued for all such work.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

The zoning administrator, any code enforcement officer, or any duly authorized Whitfield County Sheriffs Deputy or city police officer within the applicable municipality, or the lawful designee of any such person, shall have the authority to issue citations for violations of this ordinance. Any such person shall investigate every written complaint received which shall charge that a specific lot or parcel is not in compliance herewith.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

An owner, as shown by the records of the Whitfield County Tax Assessor's Office, or any occupant, tenant, or other person in lawful possession of any lot, parcel, or premises determined to be in violation hereof may be cited therefor.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Any violation of this ordinance shall be considered a continuing violation, subject to separate citation each day in which such violation remains.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Pursuant to O.C.G.A. § 36-1-20(b,) any person convicted of violating this ordinance or any provision thereof shall be sentenced to a maximum fine of $1,000.00 or imprisonment for a term of 60 days, or both. Every day a violation continues shall be subject to a separate penalty.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

When any structure or accessory structure which is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any structure, accessory structure, land use, or land condition violates any portion of this ordinance, the zoning administrator or his or her designee may seek injunctive or other equitable relief in any court of competent jurisdiction. Such remedy shall be in addition to, and not in lieu of, any similar remedy which adjacent or neighboring property holders may already have pursuant to the laws of Georgia and shall have no effect thereon.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

In addition to any other remedies provided hereunder, so as to promote the health, morals, safety, and general welfare of the residents of Whitfield County, if the owner, occupant, tenant, lessee, and/or any other person in lawful possession of any lot, parcel, or premises shall fail to maintain such parcel in conformity with the provisions of this ordinance, the zoning administrator, if he or she shall choose to proceed pursuant to the purview of this section, shall notify in writing all such person(s), specifically including, but not limited to, the owner of record, as may be reasonably determined by records contained in the Whitfield County Tax Assessor's Office, by certified mail, return receipt requested, that such person(s) shall have 30 days from receipt of such notice in which to bring such lot, parcel, or premises into conformity with the provisions of this ordinance. If such notice shall be returned "unclaimed" or is otherwise undeliverable, then notice by publication in the The Daily Citizen (Dalton, Georgia) once a week for four consecutive weeks shall constitute due and proper notice as of the date of the fourth publication. Notice, whether by mail or by publication, shall advise with reasonable specificity the condition(s) which do not comply with the provisions of this ordinance. Such notice shall further advise that if no response is forthcoming within 30 days, the zoning administrator shall cause such matter to be placed upon the agenda of the next regularly scheduled meeting of the governing authority for public hearing. At such hearing, the zoning administrator or designee shall advise the governing authority of the unlawful condition(s) thereon and then the governing authority shall hear any other person(s) wishing to address it with regard to the condition of the lot, parcel, or premises. The governing authority shall then determine whether it shall cause such condition(s) to be brought into compliance with the provisions of this ordinance, as the particular facts may warrant, and whether it shall cause the costs of such efforts to be charged against the lot or parcel upon which the condition existed as a real property lien and/or cause to be levied as a special tax against the land upon which such conditions existed and/or to recover such costs in an action at law against the owner of such lot or parcel.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

The governing authorities of Whitfield County and the municipalities of Dalton and Varnell shall adopt this ordinance and the zoning map that is part of this ordinance only after public notice(s) and public hearing(s) and final action of each governing authority, as required by the adopted zoning procedures and standard ordinance of the respective governments.

Further, the governing authorities may from time to time amend the text of this ordinance or the official zoning map that is part of this ordinance, according to the procedures in their respective zoning procedures and standards ordinance, which is included herein in Appendix "E." Appendix E fully describes all applicable final zoning decisions as defined by state law, including but not limited to rezoning, special use review, and annexation, the notice and posting requirements to the public, the procedures for conducting the public hearings, the standards used to review zoning decisions, and the procedures to obtain a final zoning decision.

11-10-1

Application process. Any amendment to the text of this ordinance or the zoning map or any final action upon any other zoning decision shall begin upon an application form. Annexations shall begin on a form provided by the respective municipal governments and all other zoning decisions shall begin on a form provided by the zoning administrator. Such application forms shall include a listing of any and all requirements for consideration of any matter requiring a final zoning decision. Failure to comply with the requirements of the application shall constitute an incomplete application which will not be processed for conclusion of the requested final zoning decision. An application fee, which is established by the governing authority of the county or the municipalities, as applicable, may apply and be adjusted from time to time. Failure of the zoning administrator or city clerks, as applicable, to collect a fee from the governing authority or the respective municipalities or from the planning commission (or equivalent), when they are initiating a proposed zoning decision, shall not void the validity of the application.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Whenever the regulations of this ordinance require a greater width or size of yards, building, or smaller number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other more restrictive standards than are required in or pursuant to any other statute, law, rule, or regulation, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this ordinance, the provisions of such statute shall govern.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Should any section or provision of this ordinance be declared by any court of competent jurisdiction 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.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

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

11-13-1

This is the unified zoning ordinance, and all other conflicting ordinances or resolutions are hereby repealed; provided, that nothing herein shall be construed as repealing or modifying the condition of operation or conditions of site development accompanying those zoning approvals or use permits issued under previous zoning ordinances or resolutions; however, modification or repeals of these past conditions of approval may be accomplished as provided by this ordinance.

11-13-2

Except as otherwise provided herein with respect to non-conforming uses, all variances and exceptions heretofore granted by the respective planning commission or board of zoning appeals shall remain in full force and effect and all terms, conditions and obligations imposed by the respective planning commissions, board of zoning appeals, or governing authority shall remain in full force and effect and be binding. Prior ordinances shall remain in effect insofar as required for the initiation of any proceedings against violations thereof and for the prosecution of any violations heretofore commenced.

11-13-3

Notwithstanding anything contained herein and notwithstanding any zoning classification change, all previous special stipulations, conditions, restrictions, agreements and terms contained in prior zoning ordinances shall remain in full force and effect and shall not be amended by this document and shall carry forward to any new zoning classification and shall be binding upon said property. Prior ordinances shall remain in effect and shall remain as such special stipulations, conditions, restrictions, agreements and terms, even though the zoning category itself may be changes hereunder.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

11-14-1

To ensure that the public is afforded due process in seeking judicial review of the exercise of zoning, administrative, or quasi-judicial powers, as guaranteed by article I, section I, paragraphs IX and XII of the Georgia Constitution, the following procedures set forth the manner by which such powers may be reviewed by the Whitfield County Superior Court, which shall have exclusive jurisdiction thereof:

(a)

Zoning decisions, as described herein, being legislative in nature, shall be subject to direct constitutional challenge regarding the validity of maintaining the existing zoning upon the subject property, or the validity of conditions imposed, or an interim zoning category other than what was requested, in the Whitfield County Superior Court, pursuant to its original jurisdiction over declaratory judgments, as set forth in chapter 4 of title 9, and pursuant to its equity jurisdiction, as set forth in title 23. Any such challenge shall seek de novo review by the Whitfield County Superior Court, wherein such review shall consider the entire record from below, and all competent evidence shall be admissible in the trial thereof, whether adduced in the local government process or not. The court shall employ the presumption that a governmental zoning decision is valid and can be overcome substantively by a petitioner only by clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the valid exercise of police powers of the local government to ensure public health, safety, morality or general welfare; or

(b)

Quasi-judicial decisions, as described herein, and zoning decisions in accordance with subparagraph (E) of paragraph (4) of O.C.G.A. § 36-66-3 shall be subject to appellate review by the Whitfield County Superior Court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for review, as set forth in title 5. Such matters shall be reviewed upon the record below.

11-14-2

All such challenges or appeals shall be brought within 30 days of the date shown on the written decision of the challenged or appealed action, or shall be deemed forfeited.

11-14-3

To ensure that appellants are not unnecessarily burdened by the review process as a mechanism of appeal, the following persons shall be authorized to take certain actions:

(a)

The zoning administrator or, if he or she shall be unavailable, the Whitfield County Administrator, shall have authority to approve or issue any form or certificate necessary to perfect the petition described in title 5 for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of the local government; and

(b)

The chairman of the Whitfield County Board of Commissioners or the Whitfield County Attorney shall have authority to accept service and upon whom service of an appeal or a quasi-judicial decision may be effected or accepted on behalf of the local governing authority, during normal business hours, at such persons' regular offices.

11-14-4

An appeal filed by an opponent of such action pursuant to this article shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the local government, officer, board, or agency from which or from whom the appeal or challenge is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such circumstances, the applicant of the zoning decision or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of title 5 or title 9, as appropriate. The Whitfield County Superior Court shall thereafter resolve any issue regarding the appropriateness of a stay.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)