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Dawsonville City Zoning Code

ARTICLE XXXVI

ADMINISTRATION, INTERPRETATION, ENFORCEMENT, PENALTIES AND REMEDIES

Sec. 3601.- Administration and interpretation.

The provisions of this ordinance shall be administered by the planning director or designee who shall be appointed by the city manager. The planning director or designee shall be responsible for interpretation of the provisions of these regulations and for assisting the city clerk with maintenance of the official zoning map at City Hall.

(Ord. of 12-3-2018)

Sec. 3602. - Enforcement.

The provisions of these regulations shall be enforced by the planning director or designee.

(Ord. of 12-3-2018)

Sec. 3603. - Development permit required.

A development permit based upon an approved site plan shall be required for any proposed use of land(s) or building(s) to indicate and ensure 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 accessory structures for residential zoning districts shall not be required. Development permit fees are listed in the city fee schedule. Upon payment of applicable development permit fees and approval of a preliminary plat in accordance with all applicable provisions of the development regulations, development may begin on any parcel of land for an approved use within the zoned district as specified in this ordinance. All development permits shall be issued by the planning director or designee, 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 this ordinance, the city development regulations or any other codes and laws. Development permits shall be valid for two years from date of issuance and shall thereafter expire. If work described in any development permit has not begun within 120 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. Permits may be reinstated up to two separate six-month extensions. Prior to reinstating a permit, the planning director shall determine if a new plan review and plan revision is required.

(Ord. of 12-3-2018; Ord. No. 03-2021, § 1, 10-18-2021)

Sec. 3604. - 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 planning director or designee has issued a building permit for such work in conformity with the provisions of these regulations. Building permit fees shall be as set forth in the city fee schedule.

All building permits shall be issued by the planning director or designee. In cases of uncertainty regarding whether a proposed building or structure conforms to any provisions within this ordinance and the City Development Regulations, the planning director or designee shall consult with the city engineer for his interpretation and ruling. Building permits shall become invalid unless the work authorized by it shall have been commenced within 90 days of date of issuance, or if the work authorized by it is suspended or abandoned for a period of six months or more, or if the work authorized by it is not completed within 18 months of date of issuance. Permits may be reinstated up to two separate six-month extensions. Prior to reinstating a permit, the planning director shall determine if a new plan review and plan revision is required.

(Ord. of 12-3-2018; Ord. No. 03-2021, § 1, 10-18-2021)

Sec. 3605. - Certificate of occupancy/completion required.

A certificate of occupancy or certificate of completion as appropriate issued by the planning director or designee is required in advance of occupancy or use of any lot or change or extension in the use of any lot; any building, sign or structure hereafter erected; or any change in the use of an existing building, sign or structure. All certificates of occupancy/completion shall be issued by the planning director or designee, and no such certificate shall be issued unless the proposed use of a building, structure, sign or land conforms to the applicable provisions of this ordinance and the city development 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/certificate of completion is issued.

(Ord. of 12-3-2018)

Sec. 3606. - Penalties for violation.

Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined in the amount set forth in the city fine schedule as the same may be amended from time to time, or as determined by the municipal court of the city or other court of proper jurisdiction. Each day such violation continues shall constitute a separate offense.

(Ord. of 12-3-2018)

Sec. 3607. - 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 this ordinance, the planning director or designee, 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 municipal court of the city or other 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 or use of such building, sign, structure or land. Where a violation of these regulations exists with respect to a building, sign, structure or land, the planning director or designee 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.

(Ord. of 12-3-2018)