2-1.1. Administration of zoning ordinance. It shall be the duty of the city manager or their designee to interpret and enforce this zoning ordinance and to carry out the duties required. No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered, except in conformity with the regulations of this zoning ordinance.

2-1.2 Pre-application meeting. Applications to amend the zoning ordinance, applications to amend the zoning map, and applications to vary the terms of the zoning ordinance shall not be submitted or accepted by the city until a pre-application meeting is held with the zoning administrator or their designee.

The purpose of the pre-application meeting is to assist in the applicant's understanding of this zoning ordinance and its requirements; to educate the applicant on community design policies and standards; and to inform the applicant of all necessary application materials required by the zoning ordinance. No final decision on the application or assurances that a particular proposal will be approved shall be made.

2-1.3 Procedure for amending the zoning ordinance. Whenever the public necessity, public convenience, general welfare, or good zoning practice justify such action, this zoning ordinance, including the official zoning map, may be amended by the mayor and city council. The procedures for amending this zoning ordinance and making quasi-judicial and zoning decisions, shall be as provided in this article.

Initiation of amendments. Amendments to this zoning ordinance may be initiated by one of the following:

A.

The mayor and city council may initiate zoning text or zoning map amendments. The requirements for applications in section 2-1.2 shall not apply to amendments initiated by the mayor and city council.

B.

Any person, firm, corporation or agency may initiate applications to amend the zoning map, provided that said person, firm, corporation or agency is the owner or the authorized agent of the owner of all of the property involved.

Initiation of variances. Variances may be initiated by any person, firm, corporation or agency provided that said person, firm, corporation or agency is the owner or the authorized agent of the owner of all of the property involved.

Applications for map amendments and variances. Each application to amend the official zoning map, vary the terms of this zoning ordinance shall be filed with the city clerk and shall include the following information:

A.

A pre-application form signed and dated by the zoning administrator or their designee stating that a pre-application meeting took place pursuant to section 2-1.2.

B.

A legal description of the tract(s) that are the subject of the application.

C.

The name and address of the owner(s) of the tract and agent(s), if any.

D.

Whenever the applicant is not the property owner, the owner shall certify by notarized signature that (s)he has given authority to the applicant to file the application. When properties have more than one owner, the notarized signature of all property owners shall be required.

E.

An application fee established by the city.

F.

The present and proposed zoning classification for the tract(s) and the land use classification for the tract(s), as shown on the future development map.

G.

Zoning application disclosure forms.

H.

Copy of the paid tax receipt for the property or a statement signed by an official in the tax commissioner's office indicating the taxes have been paid.

I.

A written analysis of the impact of the proposal with respect to the relevant criteria as follows:

1.

For map amendments, section 2-1.5.

2.

For variances, sections 2-1.11, 2-1.12.

J.

Preliminary plans that demonstrate how the application adheres to the requirements of this zoning ordinance.

K.

Other materials reasonably required by the city necessary to the analysis of the application.

No application shall be deemed accepted and filed until all required forms have been completed and all required materials have been submitted, including fees. The date an application is complete and hence accepted and filed shall be noted on the application form by the zoning administrator or his/her designee, and any subsequent deadlines tied to date of application shall begin to run as of said date.

Review by planning commission. Once an application is deemed complete and accepted, the zoning administrator or his/her designee shall schedule a meeting of the planning commission to review the application and provide a recommendation to the mayor and city council. This recommendation may be in the form of a motion duly passed by the planning commission at their meeting and contained in their minutes. The review by planning commission shall be held as a public meeting, and not in an executive session. No public hearings are required for planning commission to make recommendations to the mayor and city council.

2-1.4 Public hearing and decision. This section outlines the proper process for zoning hearings and decisions.

Authority. The mayor and city council shall make all final zoning decisions. The mayor and city council shall hold the public hearing required by this article prior to said zoning decisions following the public notice requirements herein. The term "zoning ordinance" shall mean this zoning ordinance (known as Appendix A to the City Code of Ordinances) as well as the official zoning map adopted herewith and made a part thereof, as amended.

The term "zoning decision" shall mean final legislative action by the mayor and city council which results in:

A.

The adoption or repeal of a zoning ordinance;

B.

The adoption of an amendment to the zoning ordinance which changes the text of the zoning ordinance;

C.

The adoption or denial of an amendment to the zoning ordinance to rezone property from one zoning classification to another;

D.

The adoption or denial of an amendment to the zoning ordinance to zone property to be annexed to the city;

E.

The grant or denial of a permit relating to a special use of property; or

F.

The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs C or E of this paragraph.

Public hearing. Before a zoning decision is made, the mayor and city council shall hold a public hearing on the proposed action.

A.

At least 30 but not more than 45 days prior to the date of the hearing, the mayor and city council shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing before the mayor and city council. The notice shall state the time, place, and purpose of the hearing.

B.

If a proposed zoning decision is for the rezoning of property and the rezoning is initiated by a party other than the mayor and council, then

1.

The notice, in addition to the requirements of this section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

2.

The city shall post one or more signs in a location that is noticeable from street view, at least 30 days but not more than 45 days prior to the date of the hearing. At least one sign shall be posted along each street on which the subject property has frontage. Each sign shall contain the time and place of the public hearing before the mayor and city council and the nature of the proposed change.

C.

Additional notice. Mailed notice shall be made via USPS at least 30 days but not more than 45 days before the date of the public hearing to the following:

1.

Owner(s) of record on the current tax records of the city as retrieved by the tax records;

2.

The appellant (for appeals); and

3.

The original applicant (for appeals, if the appellant was not the original applicant).

D.

When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional hearing notice and procedural requirements:

1.

City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning. See O.C.G.A. § 36-66-4(h)(1);

2.

Zoning decisions which relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. See O.C.G.A. § 36-66-4(f); or

3.

Zoning for property to be annexed into a municipality. See O.C.G.A. § 36-66-4(d).

E.

The following policies and procedures shall govern the conduct of the public hearing held by the mayor and city council pursuant to this section. Printed copies of these policies and procedures shall be made available to the general public.

1.

The hearing shall be presided over by the mayor. After calling the hearing to order, the mayor shall request that the parcels of property which are the subject of the zoning proposal be identified and read. Following such identification and reading, the zoning administrator or their designee's recommendation shall be presented. The mayor and city council shall cause the zoning administrator's written recommendation to be made part of the record.

2.

Proponents of each proposed zoning decision shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the zoning decision. If all ten minutes are not used, the proponents' remaining time may be reserved for rebuttal. Opponents of each proposed zoning decision shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning each zoning decision. The presentation times may not be reduced but may be extended by majority vote, provided they are expanded equally for proponents and opponents.

Zoning decision. Before a zoning decision is made, the mayor and city council shall hold a meeting for review and recommendation purposes prior to a final decision on the proposed action.

A.

A meeting of the mayor and city council for the purposes of reviewing and making final decisions on zoning proposals shall be conducted following the public hearing at the regularly scheduled meeting of the mayor and city council. At said meeting, the mayor and city council shall review the analysis and materials submitted by the initiating party, the recommendations of the zoning administrator or their designee and the planning commission, other matters of record and materials, data, evidence and opinion submitted, and the corresponding review standards and criteria set forth in section 2-1.5 (review standards for zoning proposals) in making a final decision on each zoning proposal. At this meeting the mayor and city council may approve, deny, or defer the proposal, add or delete conditions to the proposal, or allow a proposal to be withdrawn with or without prejudice. An application allowed to be withdrawn with prejudice may not be resubmitted except in compliance with section 2-1.7 (resubmittal of rezoning application).

B.

An action by the mayor and city council to defer a final decision on the zoning proposal shall include a statement of the date and time of the next meeting at which the proposal will be considered.

2-1.5 Review Standards for Zoning Proposals.

Review standards. The zoning administrator, planning commission, and mayor, and city council shall consider the below listed standards governing the exercise of the zoning power whenever deliberating over any zoning decision pursuant to this article. Printed copies of these standards shall be available for distribution to the general public.

A.

The following is a list of standards that should be used in all zoning proposal reviews:

1.

The existing uses and zoning of nearby property;

2.

The extent to which property values are diminished by their particular zoning restrictions;

3.

The extent to which the possible reduction of property values of the subject property promotes the health, safety, morals or general welfare of the public;

4.

The relative harm to the public as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the zoning proposed;

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property;

7.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

8.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

9.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

10.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

11.

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan and future development map;

12.

Whether there are other existing or changing conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the zoning proposal;

13.

The impact upon the appearance of the city;

14.

The impact upon the provision of water, sewage, transportation and other urban services;

15.

The impact upon population density and the potential for overcrowding and urban sprawl;

16.

The impact upon thoroughfare congestion and traffic safety; and

17.

The protection of property against blight and depreciation.

2-1.6 Application Withdrawal. An application may not be withdrawn or amended by the applicant after the legal advertising as required by this article shall have first appeared; however, the mayor and city council may allow an application to be withdrawn with or without prejudice. A withdrawal without prejudice authorized by the mayor and city council shall not be considered a denial for purposes of section 2.1-7 (resubmittal of rezoning application).

2-1.7 Resubmittal of rezoning application. If the zoning decision of the mayor and city council is for the purpose of the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is denied by the mayor and city council, then the same property may not again be considered for rezoning until the expiration of at least six months following the denial of the rezoning by the mayor and city council; however, an application that was withdrawn without prejudice shall not be considered a denial in accordance with section 2-1.6. If the zoning request is approved by the mayor and city council then the same property may not again be considered for rezoning until the expiration of at least 24 months from the date of council action.

2-1.8 Zoning map amendment and boundary changes. If, in accordance with the applicable provisions of this zoning ordinance, changes are made in district boundaries or other subject matter portrayed on the official zoning map, such change shall be made and indicated on the official zoning map promptly after the amendment has been approved by the mayor and city council.

2-1.9 Conditional zoning. In approving an amendment to the zoning map, the zoning administrator or their designee may recommend and the city council may impose special conditions which it deems necessary in order to mitigate impacts which may be expected without the imposition of those conditions.

A.

Such conditions may consist of a variety of requirements, including, but not limited to the following:

1.

Setbacks from any lot line;

2.

Specified or prohibited locations for buildings, parking, loading or storage areas or other land uses;

3.

Restrictions in the location of driveways and curb cuts;

4.

Restrictions regarding what land uses or other activities may be permitted;

5.

Maximum building heights and other dimensions;

6.

Landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms or other buffer provisions;

7.

Screening or other protective measures; preservation of existing trees and other vegetation;

8.

Special measures to alleviate undesirable views, light, glare, noise, dust or odor;

9.

Permitted hours of operation;

10.

Architectural style;

11.

A requirement that the existing building(s) be retained;

12.

A requirement that development take place according to a site plan;

13.

Limitation on exterior modifications to existing buildings;

14.

Public facility improvements by the owner; a time limit within which the property must either be used as rezoned or revert to the prior to other appropriate zoning status; or

15.

Any other requirement deemed appropriate and necessary as a condition of rezoning.

B.

Additional requirements and procedures.

1.

Whenever an application for amending the official zoning map is accompanied or supported by specific plans and designs or other written requirements for a particular use and its development, the mayor and city council may approve the amendment as "conditional." It shall be the duty of the zoning administrator to ensure that the eventual development of the property is in strict compliance with the plans, designs and other written requirements submitted as part of the rezoning application and approved as conditional.

2.

Upon approval by the mayor and city council, said "conditional" plans shall bear a certificate by the city clerk indicating said approval. One copy of said plan shall be maintained by the city clerk as a part of the record of rezoning, one copy filed with the zoning administrator or their designee and one copy returned to the applicant.

3.

If for any reason, development and use of the property approved in accordance with the procedure outlined in this section (section 2.1-9) above cannot be accomplished, such conditions shall not be altered, changed or varied, except after approval by the mayor and city council.

4.

Modification of final "conditional" plans: The city manager shall have sole authority to approve minor changes to final "conditional" plans that were approved by the mayor and city council. For the purposes of this section, a minor change in the final "conditional" plans, means a slight alteration to a final "conditional" plan or change in layout that does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the final "conditional" plan as being next to and visible from a property line or street.

5.

Requirements imposed as a condition to rezoning shall be required of the property owner and all subsequent owners as a condition of the use of the property as rezoned.

6.

Requirements imposed as a condition to rezoning shall be interpreted and continuously enforced by the zoning administrator in the same manner as any other provision of the zoning ordinance.

7.

A conditional zoning shall be noted on the zoning map by adding the suffix "C" to the zoning district designation for the property so zoned.

2-1.10 Procedures for appeal of administrative decision.

Appeal to mayor and city council. The following serves as the official procedure for appeals made to mayor and city council:

A.

Where it is alleged by any aggrieved person, firm, or corporation that there is an error in any order, requirement, decision or determination made by the zoning administrator, or other authorized city official in the performance of duties under this zoning ordinance, such person, firm or corporation may seek a review of such order, requirement, decision or determination by the mayor and city council. Said appeals shall be filed with the city clerk in writing within 30 days following the date of the order, requirement, decision or determination.

B.

An appeal stays all legal proceedings in furtherance of the action appealed unless the official from whom the appeal is taken certifies to the mayor and city council, after notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life and property. In such case, proceedings shall be stayed only by a restraining order granted by the superior court of the county on notice to the officer from whom the appeal is taken and on due cause shown.

C.

The mayor and city council shall fix a reasonable time for the public hearing of the appeal and provide notice in accordance with section 2-1.4 (public hearing and decision) above and Georgia law. Any party may appear at the hearing in person, by an agent or by an attorney. The mayor shall request that the appeal be identified and read. Following such identification and reading, the mayor shall cause the action being appealed to be identified and read. The aggrieved party shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the appeal. If all ten minutes are not used, the aggrieved party's remaining time may be reserved for rebuttal. The acting party and those in opposition to the appeal shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the order, requirement, decision or determination. The presentation times may not be reduced but may be extended by majority vote of the mayor and city council, provided they are expanded equally for the aggrieved party and the acting party.

D.

Following the consideration of all testimony, documentary evidence, and matters of record, the mayor and city council shall make a determination on each appeal. The mayor and city council shall decide the appeal within a reasonable time but in no event more than 60 days from the date of the filing of the appeal. The mayor and city council shall reverse, defer, affirm, or modify any order, requirement, decision or determination made by the city manager, or other authorized city official and to that end shall have all the powers of the administrative official from whom the appeal was taken. An appeal shall be sustained or the decision below modified only upon an expressed finding by the mayor and city council that the authorized city official's action was based on an erroneous finding of a material of fact, or that said official's action was arbitrary.

2-1.11 Variance Standards and Procedure. The mayor and city council may authorize upon proper application in specific cases, variance from the terms of this zoning ordinance. Request for variance applications shall be filed with the city clerk. All filed applications shall be reviewed by the zoning administrator or their designee and the zoning administrator shall provide a written recommendation to the mayor and city council for a final decision.

General standards for application and approval.

A.

No variance shall be granted to allow a building, structure or use not authorized in the applicable zoning district or a density of development not authorized with such development.

B.

Applications for variances shall adhere to the provisions as set forth in section 2-1.3 (procedure for amending the zoning ordinance). The mayor and city council shall authorize variances from the terms of this zoning ordinance only upon making all of the following findings:

1.

There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography;

2.

The application of this zoning ordinance to the particular piece of property would create an unnecessary hardship;

3.

Such conditions are peculiar to the particular piece of property involved;

4.

Such conditions are not the result of any actions of the property owner; and

5.

Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance.

Mayor and city council hearings.

A.

Before deciding a variance application in accordance with this zoning ordinance, the mayor and city council shall provide for a hearing on the proposed action as set forth in section 2-1.4 (public hearing and decision).

B.

The provisions regarding public notice as set forth in section 2-1.4 (public hearing and decision) regarding publication, sign postings, and regarding written notice shall apply to variance applications.

C.

The mayor and city council shall make a "variance decision" for each application. For purposes of this article the term "variance decision" means final action by the mayor and city council which results in a variance approval or a variance denial. No application shall be filed for any variance for the same parcel(s) within six months from the date the "variance decision."

D.

Said final action shall be made no later than 60 days following filing of a complete application, unless extended by agreement of the applicant.

E.

The mayor and city council may require accompanying written requirements as part of a "variance decision," thereby approving the variance as "conditional."

F.

An application may be withdrawn by the applicant prior to the "variance decision."

G.

Appeals of a "variance decision" of the mayor and city council by an aggrieved party to the superior court shall be authorized pursuant to section 2-1.20 (appeals of mayor and council decisions).

2-1.12 Administrative variances. The city manager or their designee shall have the authority to grant limited minor administrative variances from certain provisions of this zoning ordinance, where the city manager determines that:

A.

The strict application of the requirements of this zoning ordinance would cause undue and unnecessary hardship to the property owner or authorized agent;

B.

The intent and continued integrity of the zoning ordinance can be achieved with equal performance and protection of public interests through grant of the administrative variance;

C.

All applications for administrative variances shall be submitted to the city clerk. The authority to grant such administrative variances shall be limited to variance from the following requirements:

1.

Front yard or yard abutting a public street not to exceed 20 percent from the required setback.

2.

Side yard—Variance not to exceed three feet deducted from the required setback.

3.

Rear yard—Variance not to exceed five feet deducted from the required setback.

D.

The city manager or their designee shall make an "administrative variance decision" for the application. For purposes of this article the term "administrative variance decision" means final action by the city manager or their designee which results with an administrative variance approval or an administrative variance denial;

E.

The decision of the city manager or their designee regarding an administrative variance decision shall be considered the "final decision;" and

F.

Appeals from a final decision on an administrative variance by an aggrieved party shall first follow the appeals procedure of section 2-1.10 (procedures for appeal of administrative decision).

2-1.13 Reserved.

2-1.14 Building permits required. No building or other structure, except those exempted in the International Building Code, latest edition, shall be erected, moved, added to or structurally altered without a building permit issued by the city. No building permit shall be issued except in conformance with the provisions of this ordinance.

All applications for building permits for uses other than one-family and duplex dwellings shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and the locations on the lot of any existing buildings or structures, the shape, size, height, use and the location on the lot of the building or structure to be erected, moved, added to or structurally altered and such other information as may be necessary to provide for the enforcement of this ordinance.

2-1.15 Exempt buildings and structures. All buildings or other structures exempted under section 2.1-1.4 shall comply with all other applicable regulations and ordinances of the city.

2-1.16 Expiration of building permit. If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire.

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be canceled by the city manager or their designee. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

2-1.17 Reserved.

2-1.18 Conditional use permits. The mayor and city council may authorize upon proper application in specific cases, a conditional use permit. Any property owner desiring to use their property in a manner which would otherwise not be a permitted use within a zoning classification nor special use. Request for conditional use permits shall be filed with the city clerk. All filed applications shall be reviewed by the zoning administrator or their designee and the planning commission and both shall provide a written recommendation to the mayor and city council for a final decision. No decision shall be made by the mayor and council prior to the holding of a public hearing in accordance with the provisions of this ordinance. Any conditional use permit granted shall remain in effect at that location until that use is discontinued for a period of six months. Conditional use permits shall be processed pursuant to other quasi-judicial decisions as set out in section 2-1.11 (variance standards and procedures).

2-1.19 Special use permits. The mayor and city council may authorize upon proper application in specific cases, a special use permit. Special use permit requests are limited to the uses authorized by the zoning district standards found in article 5, District Regulations. Requests for special use permits shall be filed with the city clerk. All filed applications shall be reviewed by the zoning administrator or their designee and the planning commission and both shall provide a written recommendation to the mayor and city council for a final decision. No decision shall be made by the mayor and council prior to the holding of a public hearing in accordance with the provisions of this ordinance. Special use permits shall be processed pursuant to other zoning decisions in 2-1.3 (procedure for amending the zoning ordinance).

2-1.20 Appeals of mayor and council decisions.

A.

Authority to file.

1.

Any person aggrieved by a final decision of the mayor and city council may seek review in the Superior Court of DeKalb County within 30 days of the date of the decision.

2.

A person is considered aggrieved for purposes of this section only if the person or their property was the subject of the action appealed from, or the person has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.

B.

Application filing.

1.

In compliance with O.C.G.A. § 36-66-5.1(a)(2), appeals of final quasi-judicial decisions, as categorized by Georgia law, shall be subject to appellate or on the record review, and shall be brought by petition for review as provided for in Title 5 of the Official Code of Georgia Annotated, to the DeKalb County Superior Court. Such petition shall be brought within 30 days of the decision, and following the statutory procedures to file said appeal.

2.

In compliance with O.C.G.A. § 36-66-5.1(a)(1), all other final zoning decisions of the city council shall be appealed to the DeKalb County Superior Court within 30 days of the date of the decision and in accordance with the procedures established by Title 9 and Title 23 of the Official Code of Georgia Annotated.

C.

Authority to accept service. The city manager or city clerk shall be authorized, without additional board or agency action, to accept service and/or to approve or issue any form or certificate necessary to perfect the petition described in the Georgia Zoning Procedures Law, O.C.G.A. §§ 36-66-5.1(c)(1)—(2), for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the City of Stone Mountain City Hall.

2-1.21 Provisions of zoning ordinance to be minimum requirements. In their interpretation and application, the provisions of this zoning ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the provisions of any other ordinance, statute or covenants require more restrictive standards than those of this zoning ordinance, the provisions of such standards shall govern.

2-1.22 Penalties for violation. All uses of land, buildings or structures shall be completed in accordance with approved development plans and permits, including any conditions attached thereto. The building inspector shall make periodic field inspections as required. When a violation is found to exist, the building inspector shall immediately advise the zoning administrator of the violation, so that appropriate action may be taken to ensure compliance.

The zoning administrator or their designee shall order discontinuance of illegal use of land, buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this zoning ordinance to ensure compliance with or to prevent violation of its provisions. If it is found that any of the provisions of this zoning ordinance are being violated, the zoning administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Such written notice shall not be a necessary condition precedent to enforcement of the zoning ordinance.

Any person, business, or corporate entity who shall violate a provision of this zoning ordinance, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor punishable in municipal court and subject to a fine, imprisonment, and/or conditions relating to compliance with the terms of this zoning ordinance, upon conviction in the city municipal court, and each and every day that the property shall remain in a condition in violation of the terms of this zoning ordinance shall constitute 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 each 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 action as is necessary to prevent or remedy any violation.

2-1.23 Remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this zoning ordinance, the mayor and city council, the city manager, the city attorney or any adjacent or other property owner or anyone else who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop, prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

2-1.24 Severability clause. Should any section or provision of this zoning ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the zoning ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. The mayor and city council hereby declares that it would have adopted the remaining parts of the zoning ordinance if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional.

2-1.25 Georgia Zoning Procedures Law. The review and approval procedures of this zoning ordinance are intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which is incorporated herein by reference in its entirety. If any provision of this zoning ordinance is in conflict with any provision of the zoning procedures law or if this zoning ordinance fails to incorporate a provision required for the implementation of the zoning procedures law, the zoning procedures law controls. This does not apply to procedures that are more restrictive than those established by the Georgia Zoning Procedures Law.

(Ord. No. 2014-06, Pt. I, 9-2-14; Ord. No. 2016-08, Pt. I, 2-2-16; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2025-03, § 1(Exh. A), 6-3-25)