Pine Lake City Zoning Code

The provisions embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Pine Lake, Georgia," and may be so cited. Such Code may also be cited as the "Pine Lake Code."

(Code 1986, § 1-1-1)

State Law reference— Codification requirements, O.C.G.A. § 36-80-19.

In the construction of this Code and of all ordinances, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the content clearly requires otherwise.

Bond. When a bond is required by law, an undertaking in writing, without seal, is sufficient; and in all bonds where the names of the obligors do not appear in the bond but are subscribed thereto, they are bound thereby pursuant to O.C.G.A. § 1-3-1(d)(1).

City. The term "the city" or "this city" means the City of Pine Lake, Georgia.

Code. The term "Code" shall mean "The Code of the City of Pine Lake, Georgia."

Computation of time. When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the last day shall be counted; and if the last day shall fall on Saturday or Sunday, the party having that privilege or duty, shall have through the following Monday to exercise that privilege or to discharge such duty. When the last day prescribed for such action falls on a public and legal holiday pursuant to O.C.G.A. § 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation pursuant to O.C.G.A. § 1-3-1(d)(3).

Council. The term "council" or "city council" means the council of the City of Pine Lake, Georgia.

County. The term "the county" or "this county" means the County of DeKalb, State of Georgia.

Day. The term "day" means a calendar day of 24 hours.

Delegation of authority. The term "delegation of authority" means a provision that authorizes or requires a city officer or city employee to perform an act or make a decision that authorizes such officer or employee to act or make a decision through subordinates.

Gender. The masculine gender includes the feminine and the neuter pursuant to O.C.G.A. § 1-3-1(d)(4).

Governing body or governing authority. The term "governing body" or "governing authority" means the city council of the City of Pine Lake, Georgia.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Joint authority. A joint authority given to any number of persons or officers may be executed by a majority of them, unless it is otherwise declared by ordinance or statute pursuant to O.C.G.A. § 1-3-1(d)(5).

Keeper or proprietor. The term "keeper" or "proprietor" means persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.

Limits or corporation. The term "limits" or "corporation" means the corporate limits (legal boundary) of the City of Pine Lake, Georgia.

Mayor. The term "mayor" means the mayor of the City of Pine Lake, Georgia.

Month. The term "month" means a calendar month pursuant to O.C.G.A. § 1-3-3(11).

Municipality. The term "municipality," as it appears in this Code, means the City of Pine Lake, Georgia.

Name of officer. Whenever the name of an officer is given, it is construed as though the words "of the City of Pine Lake" were added.

Nontechnical and technicalterms. A term or phrase shall be construed according to the common and approved usage of the language; but technical terms or phrases and any others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning.

Number. The singular or plural number each includes the other pursuant to O.C.G.A. § 1-3-1(d)(6), unless the other is expressly excluded.

Oath. The term "oath" includes affirmation pursuant to O.C.G.A. § 1-3-3(12). When an oath is required or authorized by law, an affirmation in lieu thereof may be taken. An affirmation has the same force and effect as an oath.

O.C.G.A. The abbreviation "O.C.G.A." means the Official Code of Georgia Annotated.

Ordinances. The term "ordinances" means ordinances of the City of Pine Lake, Georgia and all amendments thereto.

Owner. The term "owner," as applied to a building or land, means any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land.

Penal ordinances. The term "penal ordinances" means the rules of construction and definitions of words as contained in the penal code of the state. Insofar as they can be made applicable, these rules of construction are hereby adopted as governing the penal ordinances of the city.

Person. The term "person" means corporations as well as individuals pursuant to O.C.G.A. § 1-3-3(14).

Personal property. The term "personal property" means every species of property except real property, as herein defined.

Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively, pursuant to O.C.G.A. § 1-3-3(8), (15).

Property. The term "property" means real, personal and mixed estates and interests.

Public place. The term "public place" means any park, schoolyard or adjacent open space, or any area available and/or accessible to the public, regardless of public or private ownership.

Real property. The term "real property" means lands, tenements and hereditaments.

Residence. The term "residence" means the place adopted by a person as his or her place of habitation, and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps is his or her residence.

Seal. The term "seal" includes impressions on the paper itself, as well as impressions on wax or wafers. With the exception of official seals, a scrawl or any other mark intended as a seal shall be held as such pursuant to O.C.G.A. § 1-3-3(17).

Shall/may. The term "shall" is mandatory and the term "may" is permissive.

Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature or subscription. The term "signature" or "subscription" means a mark when the person cannot write.

State. The term "the state" or "this state" means the State of Georgia.

Street. The term "street" means streets, avenues, boulevards, roads, public alleys, lanes, viaducts and all other public highways in the city.

Tenant oroccupant. The term "tenant" or "occupant," as applied to a building or land, means any person holding a written or oral lease of, or who occupies the whole or a part of, that building or land, either alone or with others.

Tense. The present or past tense includes the future tense pursuant to O.C.G.A. § 1-3-1(d)(7).

Week. The term "week" means seven days.

Written, in writing. The term "written" or "in writing" includes any representation of words, letters, numbers or figures, whether by printing or otherwise pursuant to O.C.G.A. § 1-3-3(23).

Year. The term "year" means a calendar year pursuant to O.C.G.A. § 1-3-3(24).

(Code 1986, § 1-1-2)

State Law reference— Similar provisions, O.C.G.A. § 1-3-2.

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of those sections nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. The history notes appearing in parentheses after each section and the references and editor's notes scattered throughout the Code are for the benefit of the user of the Code and shall have no legal effect.

(Code 1986, § 1-1-3)

State Law reference— Descriptive headings, citations and notes, etc., not part of law, O.C.G.A. § 1-1-7.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, that unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city council without the incorporation of this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.

(Code 1986, § 1-1-4)

State Law reference— Invalid or unconstitutional provisions, O.C.G.A. § 1-1-3.

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed.

(a)

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

(2)

Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness.

(3)

Any contract or obligation assumed by the city.

(4)

Any ordinance fixing the salary of any city officer or employee.

(5)

Any right or franchise granted by the city.

(6)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the city.

(7)

Any appropriation ordinance.

(8)

Any ordinance which, by its own terms, is effective for a stated or limited term.

(9)

Any ordinance providing for local improvements and assessing taxes therefor.

(10)

Any zoning ordinance.

(11)

Any ordinance dedicating or accepting any subdivision plat or providing for subdivision regulations.

(12)

Any ordinance describing or altering the boundaries of the city or annexing property to the city.

(13)

Any ordinance levying or imposing taxes not included in this Code.

(14)

The administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code.

(15)

Any ordinance establishing and prescribing employment and personnel policies and procedures.

(16)

Any ordinance of agreement with another political subdivision.

(17)

Any ordinance establishing and prescribing the street grades of any street in the city.

(18)

Any other ordinance, or part thereof, which is not of a general and permanent nature; or which is referred to elsewhere in this Code as continuing in effect.

(b)

No such ordinance shall be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this chapter. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

(a)

Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances or resolutions and parts of ordinances or resolutions included in the supplemental, insofar as it is necessary to do so to embody them into a unified Code. For example, the person may:

(1)

Organize the ordinance material into appropriate subdivisions.

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles.

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing sections or other subdivision numbers.

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ___ to ___" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated into the Code).

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinances inserted into the Code.

(d)

In no case shall the person make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

The provisions appearing in this Code, insofar as they are the same as those of ordinances and resolutions existing at the time of adoption of this Code and included in this Code, shall be considered as continuations thereof and not as new enactments.

(a)

Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or any offense, or whenever in this Code or in any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of that provision of this Code or that ordinance shall be punished by a fine not to exceed $1,000.00 or imprisonment for six months or both such fine and imprisonment. The municipal court may fix punishment by fine, imprisonment or alternative sentencing, as now or hereafter provided by law and may impose any punishment up to the maximums specified by general law for offenses with its concurrent jurisdiction, subject to all limitations contained in the Charter of the city. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense.

(b)

The infliction of a penalty under the provisions of this section shall not prevent the revocation of any permit or license or the taking of other punitive or remedial action where called for or permitted under the provisions of the city's Charter or Code.

(Code 1986, § 1-1-5)

State Law reference— General penalties and limitations on penalties, O.C.G.A. § 36-35-6(a).

(a)

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. Chapters, sections and subsections or any part thereof, repealed by subsequent ordinances, may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of these subsequent ordinances until such time that the Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council.

(b)

Amendments to any of the provisions of this Code may be made by amending those provisions by specific reference to the section number of this Code in the following language: "Section ___ of The Code of the City of Pine Lake, Georgia, is hereby amended to read as follows:…." The new provisions may then be set out in full as desired.

(c)

If a new section not heretofore existing in the Code is to be added, the following language may be used: "The Code of the City of Pine Lake, Georgia, is hereby amended by adding a section (or chapter, article, division or subdivision, as appropriate) to be numbered ___, that reads as follows:…." The new material may then be set out in full as desired.

(d)

All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number of this Code.

(e)

When necessary, sections and subsections to the Code may be renumbered by the official codifier for the city to fulfill the intent of the governing body but all such changes shall be approved in advance by the city attorney.

(Code 1986, § 1-1-6)

It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner except by ordinance or other official act of the city council which will cause the law of the city to be misrepresented thereby. Any person violating this section shall be punished according to the general penalties described in section 1-9.

(Code 1986, § 1-1-7)