LEGAL STATUS PROVISIONS, APPEALS
In their interpretation and application, the provisions of this appendix shall be held to be minimum requirements, adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this appendix are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, deed restrictions or covenants, the most restrictive or that imposing higher standards shall govern.
It is unlawful to violate the provisions of this appendix or to fail to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, special exceptions, provisions or conditional uses). Any person who violates this appendix or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000.00 and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense and suffer the penalties herein, provided.
Nothing herein contained shall prevent the city from taking such other lawful, civil, criminal, quasi-civil or quasi-criminal action as is necessary to prevent or remedy any violation.
If any building or structure is constructed, reconstructed, altered, repaired, converted or if any building, structure or land is used in violation of this appendix , the city council of the City of Lovejoy, the building inspector, the zoning administrator or any adjacent property owner who would be damaged by such violation, in addition to other remedies, may institute an injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.
Should any section or provision of this appendix be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this appendix as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
In the zoning resolution preexisting this appendix various properties were zoned as R-AA, R-1A, R-A, R-1B, R-1C, R-2, R-2D, R-3, R-4, R-4C, R-4D, R-4TH, MHP, C-1, C-2, C-3, C-4, M-1 and M-2. This appendix abolishes these classifications and reclassifies the respective properties in accordance with the following conversion relationships:
All conditions previously imposed on the various properties as part of a prior zoning action of the City of Lovejoy city council are hereby carried forward. Similarly, all conditional uses previously approved are hereby carried forward.
(a)
In the zoning resolution preexisting this appendix, certain property was zoned as L-1 limited use. This classification is not carried forward hereunder.
(b)
All property developments located on previously-zoned L-1 property are hereby declared to be nonconforming uses.
(Ord. No. 2024-02, § 1, 6-17-2024)
Any person or entity aggrieved by any zoning decision of the city council shall petition the courts for review of a local government's exercise of zoning, administrative, or quasi-judicial powers in accordance with O.C.G.A. 36-665.1. The mayor or the city clerk shall have the authority to accept service of an appeal of a quasi-judicial decision on behalf of the local governing authority, during normal business hours, at the regular offices of the local government.
(Ord. No. 2024-02, § 1, 6-17-2024)
LEGAL STATUS PROVISIONS, APPEALS
In their interpretation and application, the provisions of this appendix shall be held to be minimum requirements, adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this appendix are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, deed restrictions or covenants, the most restrictive or that imposing higher standards shall govern.
It is unlawful to violate the provisions of this appendix or to fail to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, special exceptions, provisions or conditional uses). Any person who violates this appendix or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000.00 and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense and suffer the penalties herein, provided.
Nothing herein contained shall prevent the city from taking such other lawful, civil, criminal, quasi-civil or quasi-criminal action as is necessary to prevent or remedy any violation.
If any building or structure is constructed, reconstructed, altered, repaired, converted or if any building, structure or land is used in violation of this appendix , the city council of the City of Lovejoy, the building inspector, the zoning administrator or any adjacent property owner who would be damaged by such violation, in addition to other remedies, may institute an injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.
Should any section or provision of this appendix be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this appendix as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
In the zoning resolution preexisting this appendix various properties were zoned as R-AA, R-1A, R-A, R-1B, R-1C, R-2, R-2D, R-3, R-4, R-4C, R-4D, R-4TH, MHP, C-1, C-2, C-3, C-4, M-1 and M-2. This appendix abolishes these classifications and reclassifies the respective properties in accordance with the following conversion relationships:
All conditions previously imposed on the various properties as part of a prior zoning action of the City of Lovejoy city council are hereby carried forward. Similarly, all conditional uses previously approved are hereby carried forward.
(a)
In the zoning resolution preexisting this appendix, certain property was zoned as L-1 limited use. This classification is not carried forward hereunder.
(b)
All property developments located on previously-zoned L-1 property are hereby declared to be nonconforming uses.
(Ord. No. 2024-02, § 1, 6-17-2024)
Any person or entity aggrieved by any zoning decision of the city council shall petition the courts for review of a local government's exercise of zoning, administrative, or quasi-judicial powers in accordance with O.C.G.A. 36-665.1. The mayor or the city clerk shall have the authority to accept service of an appeal of a quasi-judicial decision on behalf of the local governing authority, during normal business hours, at the regular offices of the local government.
(Ord. No. 2024-02, § 1, 6-17-2024)