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Dearing City Zoning Code

ARTICLE X

- LEGAL PROVISIONS

Sec. 44-201. - Severability.

Each phase, sentence, paragraph, section or other provision of this chapter may be severed from all other such phrases, sentences, paragraphs, sections, and provisions. Should any phrase, sentence, paragraph, section, or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect any other portion or provisions of this chapter.

(Ord. of 3-23-99, Art. X, § 1)

Sec. 44-202. - Interpretation of conflicting requirements.

Whenever the requirements of this chapter conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern. Where a conflict occurs between the requirements of a general zoning district, an overlay zoning district, or where special conditions or development standards are required, the most restrictive, or that imposing higher standards shall govern. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law.

(Ord. of 3-23-99, Art. X, § 2)

Sec. 44-203. - Repeal of former development codes.

This chapter is the official land development code for the unincorporated areas of McDuffie County. All other conflicting local ordinances and resolutions adopted prior to the adoption or amendment of this chapter are hereby repealed; provided that nothing herein shall be construed as repealing or modifying those land use approvals, permits, or variances issued in good faith which were, at the time, in compliance with any previous local ordinance or resolution hereinafter repealed by this chapter.

(Ord. of 3-23-99, Art. X, § 3)

Sec. 44-204. - Effective date.

This chapter shall take effect and be in full force from and after the date of its adoption by the board of commissioners of McDuffie County.

(Ord. of 3-23-99, Art. X, § 4)

Sec. 44-205. - Penalties for violation.

Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions of grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, pursuant to Part II, section 1-13 of the Code of Ordinances of McDuffie County, upon conviction, be fined not more than $1,000.00 or imprisoned for not more than 60 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent McDuffie County from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. of 3-23-99, Art. X, § 5)

Sec. 44-206. - Legal remedies.

In the event any provision of this chapter has been violated or is being violated, in addition to other remedies, the county may institute an injunction, mandamus, or other appropriate action or proceeding to prevent or abate such violation. The governing authority of McDuffie County may enforce this zoning ordinance by means of withholding building permits and occupancy permits from those persons who are in violation of the ordinance. In addition, the county may issue a "stop work" order to halt construction of any project authorized by permit issued by the county until such time as the construction complies with the provisions of the zoning ordinance.

(Ord. of 3-23-99, Art. X, § 6)

Sec. 44-207. - Enforcement.

The McDuffie County development code administrator, county attorney, or other appropriate official authorized by the board of commissioners may institute such actions as may be necessary to prosecute violations of this chapter under the provisions of section 44-205, or pursue on behalf of McDuffie County other appropriate legal remedies as provided in section 44-206.

(Ord. of 3-23-99, Art. X, § 7)