Whenever these regulations impose more restrictive standards than are required in or under any federal or state law or applicable local ordinances, these regulations shall govern. Whenever the provisions of any applicable federal, state or local ordinances require more restrictive standards than are required by these regulations, the provisions of such laws or ordinances shall govern.

(Ord. No. 05-08, § 2(14.01), 8-15-2005)

Whoever, being owner or agent of any land located within a subdivision, transfers or sells any land in such subdivision prior to final plat approval by mayor and recorded in the Office of the Clerk of the Superior Court of Clayton County, Georgia, shall forfeit and pay a penalty $1,000.00 for each lot or parcel so transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. The city may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or may recover the same penalty by civil action in any court of competent jurisdiction. Notwithstanding any provision of this section the city may also proceed under section 86-42 for penalties for transferring as stated in this section.

(Ord. No. 05-08, § 2(14.02), 8-15-2005)

Previously approved final subdivision plats are exempt from the requirement of this chapter unless construction or development associated with such approved plats has not been commenced within 12 months of the date of plat approval. Specifically, in the event of a conflict in building setback pertaining to an individual building lot, those setbacks identified on the previously approved final plat shall control over those in this chapter, subject to the above 12-month period. However, standards associated with structures proposed on such lots, including minimum floor area, among other standards, shall comply with this chapter.

(Ord. No. 05-08, § 2(14.03), 8-15-2005)

In their interpretation and application, the provisions of this chapter shall be construed to be the minimum standards or maximum limits, as the case may be, commensurate with promotion of the purposes of this chapter and adopted for the promotion of the public health, safety and general welfare. Wherever the standards of this chapter are at variance with the requirements of any other officially adopted government statutes, rules, regulations, ordinances or codes, or privately recorded deed restrictions or covenants, the more restrictive shall govern.

(Ord. No. 05-08, § 2(14.04), 8-15-2005)

Should any section or provision of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decisions 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.

It is hereby declared to be the intention of the mayor and council that all sections, paragraphs, sentences, clauses and phrases of this zoning ordinance are or were, upon their enactment, believed by the mayor and council to be fully valid, enforceable and constitutional.

It is hereby declared to be the intention of the mayor and council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this zoning ordinance is severable from every other section, paragraph, sentence, clause or phrase of this zoning ordinance. It is hereby further declared to be the intention of the mayor and council that; to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this zoning ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this zoning ordinance.

In the event that any section, paragraph, sentence, clause or phrase of this zoning ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the mayor and council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining sections, paragraphs, sentences, clauses or phrases of the zoning ordinance and that, to the greatest extent allowed by law, all remaining sections, paragraphs, sentences, clauses and phrases of the zoning ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

(Ord. No. 05-08, § 2(14.05), 8-15-2005)