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Hartwell City Zoning Code

ARTICLE XXII

ADMINISTRATION AND ENFORCEMENT13


Footnotes:
--- (13) ---

Editor's note— Ord. No. 2023-01, § 20, adopted August 7, 2023, renumbered the former Article XX as Article XXII, as set out herein.


Sec. 42-570.- Authority of zoning administrator.

The zoning administrator shall administrate the provisions of this chapter. The zoning administrator shall be responsible for interpretation of the provisions of these regulations and for maintenance of the official zoning map.

(Ord. of 10-2-1995, § 86-2001)

Sec. 42-571. - Enforcement.

The zoning administrator shall enforce the provisions of these regulations.

(Ord. of 10-2-1995, § 86-2002)

Sec. 42-572. - Development permit required.

(a)

A development permit shall be required for any proposed use of land or buildings 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 or buildings commences; provided, however, that development permits for individual structures within approved single-family residential subdivisions or for single-family dwelling units on individual lots shall not be required. If a land disturbance permit is required pursuant to the city's soil erosion and sediment control chapter, the development permit and land disturbance permit shall be considered one and the same. Approval of a preliminary plat in accordance with all applicable provisions of the subdivision regulations shall constitute approval of the development permit for each subdivision.

(b)

All development permits shall be issued by the zoning administrator, 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 these regulations or any other codes and laws. Development permits shall be valid for two years from its issuance. 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.

(Ord. of 10-2-1995, § 86-2003)

Sec. 42-573. - Building permit required.

(a)

No building or structure, 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 building inspector has issued a building permit for such work in conformity with the provisions of these regulations.

(b)

The building inspector shall issue all building permits. In cases of uncertainty regarding whether a proposed building or structure conforms to any provisions within these regulations, the zoning administrator shall make the determination. Building permits shall become invalid unless the work authorized by it shall have been commenced within 90 days of its date of issue, or if the work authorized by it is suspended or abandoned for a period of six months or more.

(Ord. of 10-2-1995, § 86-2004)

Sec. 42-574. - Certificate of occupancy required.

(a)

A certificate of occupancy issued by the building inspector is required in advance of:

(1)

Occupancy or use of any lot or change or extension in the use of any lot;

(2)

Any building or structure hereafter erected; or

(3)

Any change in the use of an existing building or structure.

(b)

No certificate of occupancy shall be issued unless the proposed use of a building or land conforms to the applicable provisions of these 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 is issued.

(Ord. of 10-2-1995, § 86-2005)

Sec. 42-575. - Penalties.

Any person 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 $200.00 for each offense, or as determined by the court of proper jurisdiction. Each day such violation continues shall constitute a separate offense.

(Ord. of 10-2-1995, § 86-2006)

Sec. 42-576. - Remedies.

(a)

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 these regulations, the zoning administrator or any other appropriate authority may, in addition to other remedies, and after due notice to the owner of the violation:

(1)

Issue a citation for violation of these regulations requiring the presence of the violator in the court of proper jurisdiction; or

(2)

Institute an injunction or other appropriate action or proceeding to prevent:

a.

Such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate such violation; or

b.

The occupancy of such building, structure or land.

(b)

Where a violation of these regulations exists with respect to a structure or land, the zoning administrator may, in addition to the remedies listed in subsection (a) of this section, 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 10-2-1995, § 86-2007)

Sec. 42-577. - Conflicts.

Whenever the provisions of these regulations impose more restrictive standards than are required in or under any other statute, the provisions of these regulations shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by these regulations, the provisions of such statute shall govern.

(Ord. of 10-2-1995, § 86-2101)