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HomeMy WebLinkAboutORD 7272 TO AMEND CODE TITLE ONE CHAPTER FOUR 1-4-81 THROUGH 1-4-94 RELATING TO REATION AND DUTIES OF THE PLANNING COMMISSION AND ZONING BOARD OF APPEALS ORDINANCE NO. � 2 � 2 An Ordinance to Amend the Augusta, GA. Code Title One Chapter Four Article Six Sections 1-4-81 through 1-4-94 Relating to the Creation and Duties of the Planning Commission and Zoning Board of Appeals; To Repeal All Code Sections and Ordinances and Part of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and for Other Purposes. WHEREAS, on March 30, 2011, the Augusta Georgia Commission approved the Administrator's reorganization plan as described in the Augusta, Georgia Proposed Government Reorganization Draft Project Plan; and WHEREAS, such Proposed Government Reorganization Draft Project Plan requires the creation of an Augusta, Georgia Planning and Development Department which is to assume certain duties of the Planning Commission; and WHEREAS, Augusta, Georgia desires to update and amend the Code as related to the duties of the Augusta, Georgia Planning Commission and the Augusta, Georgia Planning and Development Department to be consistent with the Proposed Government Reorganization Draft Project Plan; WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the consolidated government as "Augusta, Georgia"; and WHEREAS, Augusta, Georgia seeks to update the Code to reflect the name of the consolidated government. THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1 . AUGUSTA GA. CoDE Sections 1-4-81 through 1-4-94 as set forth in the Augusta, Ga. Code, re-adopted July 10, 2007, are hereby amended by striking these sections in their entirety as set forth in "Exhibit A" hereto and inserting in lieu thereof new Code Sections 1-4-81 through 1-4-94, restated as set forth in "Exhibit B" hereto. SECTION 2. This ordinance shall become effective the first day of November, 2011. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this � day of r` �- �-� , 2011. � �� � jf�� David S. Cope haver ����� As its Mayor Attes • ����7��( � � j ����� Lena J. B ner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on____.T,,,,P �n , 2011 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. 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L.o �#o .,f lo rti_£:,T e � e � � � > > f L.,. �L.� ,.1: ,..� F +L.o D1.. !'�,. ,.�� �1 �L.; 0 0�� o ' Ee��e-i��=�Tt�e��t#i� a:. „ �t�e-�4�g�t-�--��e�i�e�-Ee�y� , , , • , , , , , , , , , , , � , � ; , , :« «,. �.,, . ,.�oa ,. ,.a . . , . � � nze� 4 � z 4 �4. �ese�=e�: Exhibit B Sec.l-4-81. C'reation. There is herebv created a�lannin� commission with the membershi� �owers and duties as set forth herein The commi ion created herein hall be known as the Au�usta Geor� Plannin� Commission. S.. 1 M mh rshin. prms nf nfficP ?n�l rmm�Pncatinn_ (a) The Au�usta. Geor�ia Plannin� Commission (hereinafter referred to as the Plannin� Commi sionl shall consist of ten (101 members ( lus an additional two members should the Au�usta, Georgia Le�islative Dele�ation choose to a�oint two membersl to be apnointed for the terms of four (41 vears: provided. however, the initial a��ointments shall be made as follows• (1) There shall e one (11 member who resides in each of the ten (101 districts of Au�usta. Geor�p�ointed b� the Au�usta. Georgia Commission. (2) Except as �rovided herein. members of the Planning Commission of Richmond Count� and the Citv of Augusta who were serving on said boards on Januarv 1. 1997. havin� had no fixed terms. shall served until their successors are apnointed and qualified. (3) Members of the Plannin� Commission servin�as of Januarv 1. 1997. shall continue to serve until their successors are a�ointment by the Commissioner re�resentin� the respective District and c�ualified and are to renresent the districts as herein set forth, to wit: Term Ex ip res a. Patricia Jefferson District 1 2/1/99 b. Thelma Mack District 2 3/31/2000 c. Nick Dickinson District 3 3/31/98 d. Richard Colclou�h District 4 4/1/99 e. Frank Knann. III District 5 3/31/98 f. Annointment TBA District 6 3/31/2000 g. James Randall Hall District 7 3/31/98 h. Hugh Fulcher. Jr. District 8 3/31/2000 i. Margaret Armstrong District 9 3/31/98 j. Ed Dickerson District 10 2/1/98 (4) The successor to the member re�resenting District 1 shall serve until March 31 2002 or until his successor is a�pointment and qualified (5) The successors to the member representing District 4 and 10 shall serve until March 31. 2000. or until their successors are ag�ointed and c�ualified. (6) Members of the board a�ointed bv the Commissioner of the res�ective D istricts to succeed those in subsections 3 4 and 5 hereof shall serve for terms of office of four 141�ears and until their successors are a�ointed and c�ualified. (7) Should the Augusta. Geor ia�Le�islative Dele�ation choose to a�oint two (21 members as provided in the Consolidation Act such members shall serve for a term of four (41 vears and until their successors are ag�ointed and qualified In the event the a�ointed authoritv of the Le�islative Dele�ation is removed from the Consolidation Act. this subsection shall automaticallv be re�ealed (8) All terms shall expire on March 31 of the a�licable vear and new terms shall be i� n on A�ril 1 of the a�licable year (b) In the event of a vacanc�v reason of a death disc�ualification resi�nation or other reason the Au�usta Georgia Commission shall a�oint a person to serve the remainder of the term of such member. (c) No vacanc� on the Planning Commission shall im�air the ri�ht of the quorum to exercise all of their ri�hts and perform all of the duties of the Plannin� Commission (d) The Chairman of the Planning Commission shall not be entitled to vote upon anv issue. motion or resolution. exce�t where his vote will change the result on said motion. resolution ar question (e) Mem�ers of the Plannin� Commission shall serve for such comnensation as shall be established bv the Au�usta. Georgia Commission. ( fl No member of the Planning Commission mav be removed from office nrior to the exniration of his term exce�t for cause after havin��iven notice and afforded a h�- arin� before the Au�usta. Georgia Commission Prior to said hearin� said member shall be served bv re�istered or certified mail addressed to his residence as shown in the files of the Plannin� Commission at least ten (101 davs before the date set for said hearin� with written snecifications of the char��ainst him or her. (a) The Plannin� Commission shall elect a Chairman and Vice-Chairman from its members T he terms of office of the Chairman and Vice-Chairman hall be one ll) vear with eli i�v for reelection to no more than two (21 consecutive terms (b) The Director of Planning and Development ma��oint a secretarv who mav be an official or emplovee of Augusta Geor� (c) The Planning Commission shall make its own rules of nrocedure in accordance with the �eneral orovisions of this ordinance and shall determine the time and place of Plannin� Commission meetin�s. All meetin�s of the Planning Commission shall be ublic m��tings in accordance with the Georgia O�en Meetin s Act (d) The expenditures of the Plannin� Commission, exclusive of �ifts and grants, shall be within the amounts annroved for it bv the Au�usta Geor�ia Commission (e) Staff functions for the Plannin� Commission shall be performed bX the Plannin a�nd Development Denartment The Secretar�g�ointed bv the Plannin� CorrLmission shall be the liaison to the Plannin� and Develo�ment Denartment Sec. 1-4-84 Princinal nowerc and tl�itiec_ (a) It shall be the duty of the Planning Commission to review and formulate a recommendation on all amendment to the text of the Comprehensive Zonin� Ordinance that are �ronosed bv the Au usta Geor�ia Plannin� and Develo�ment De�artment The P_1_annin� Commission shall hold a nublic hearin� on each �ronosed text amendment after �roner notice ner Geor�ia law and the Au�usta Geor�ia Code has been given The recommendation of the Plannin� Commission shall be submitted in writin t��usta G�or ia.�along with the recommendation of the Plannin� and Develo�ment De�artment within thirty 1301 davs after such hearin� has been held No chan�es to the text of the Comprehensive Zonin� Ordinance shall be made unless such changes are first submitted to the Plannin� Commission for review and recommendation (b) It shall be the dutv of the Plannin� Commission to review and formulate a recommendation on all amendments to the zonin�� and S�ecial Excentions Such man amendments and/or Special Excentions mav be pro�osed b�nrivate �ro�ertv owners or the Planning and Develo�ment De�artment The Plannin� Commission shall hold a public hearin� on each �ronosed man amendment after pro�er notice per Geor�ia law and the Au�usta. Geor�ia Code has been �iven The recommendation of the Plannin� Commission. alon��with the recommendation of the Planning and Develo�ment De artment. shall be submitted in writin to the Au�usta Geor Commission within thirt� (30) davs after such hearin� has been held No chan�e to the zonin�ma�s shall be �e unless such change is first submitted to the Planning Commission for review and recommendation. (c) It shall be the dut� of the Plannin� Commission to �erform certain activities specificallv assi ned to it b the Au usta. Geor ia Commission. Such duties shall include. but are not limited to making decisions re ar�d�ing certain t�es of determinations and variances. Such decisions shall be made after a public hearin� has been held on each ��osed issue after �roner notice per Geor�ia law and the Augusta. Geor�ia Code has been �iven. Notice of such decisions shall be �iven in writin� to the Planning and Development De�artment. (d) The Plannin� Commission shall conduct such �ublic hearings as are rec�uired in the development of or revision to Master Plans Comprehensive Plans or similar �lannin� nrocesses Input on such plannin� nrocesses shall be �rovided bv the Planning Commission in consultation with the Plannin� and Development Department. to the Au�usta. Geor�ia Commission. (e) The Planning Commission mav initiate such text or map amendments to the Comprehensive Zonin� Ordinance as it deems necessar� in consultation with the Pl�nnin� and Development Denartment. Sec. 1-4-85 throL�h 1-4-87. Reserved. Sec. 1-4-88. 7.onin� hnard �f anneals. (a) The Citv Council of Au�usta and the Board of Commissioners of Richmond Count�h� heretofore created and a�ointed a Zonin� Board of Anneals for Aueusta Geor�ia. Said Board is herebv continued and shall be known as the Au�usta. Geor�ia Board of Zoning A�neals and is hereinafter referred to as the Ag�eals Board as is hereinafter provided At their discretion, the Augusta. Geor�ia Commission ma� bv ordinance. designate the Plannin� Commission to act as the Ag�eals Board of Aueusta Geor� (b) If the Planning Commission is desi�nated to act as the Ap�eals Board of Au u�st�a Georgia. then: (1) Such authoritv shall be in addition to the �owers and duties of the Plannin� commission set forth herein and shall be carried out in accardance with the nrovisions of this Section: and (2) Section 1-4-82 of this article shall a�l� to the membershi�. terms of office and com�ensation and section 1-4-83 of this article shall a�1� to the oreanization. rules and finances of the Ag�eals Board in the event that the Plannin� Commission is desi na�v ordinance to act as the Board of Zonin�A��eals. (c) If said A�neals Board if se�arate from the Plannin� Commission then said A��eals Board shall consist of ten (101 members (�lus an additional two members should the Augusta. Geor i�gislative Delegation choose to a��oint two (21 membersl to be a�nointed for terms of four (41 vears. provided. however. the initial a�nointments shall be made as follows: (1) There shall be one (11 member who resides in each of the ten (101 districts of Au�usta. Georgi�g�ointed bv the Au�usta. Geor�.ia Commission. (2) Exce�t as provided herein. members of the Au�usta. Geor�ia Planning Commission who were servin� on said boards on Januarv 1. 1997. having had no fixed terms. shall served until their successors are a�ointed and c�ualified. (3) Members of the Plannin� Commission serving as of Januar� 1. 1997. shall continue to serve until their successors are a�ointment bv the Commissioner representin the res�ective District and qualified and are to represent the districts as herein set forth. to wit: Term Exgires a. Jacc�ueline Fason District 1 3/31/98 b. Dr. I. E. Washin�ton District 2 4/4/98 c. Jewell Childress District 3 3/31/98 d. Emmerstine Mackie District 4 3/31/2000 e. George Mitchell District 5 3/31/98 £ A�nointment TBA District 6 3/31/2000 g. K. Glenn Watson District 7 3/31/98 h. Hardie Davis. Jr. District 8 3/31/2000 i. Thelonius Jones District 9 3/31/98 j. Don Grantham District 10 3/31/1000 (4) The successor to the member representing District 2 shall serve until March 31. 2000. or until his successor is a�ointment and c�ualified. (5) Members of the board a�ointed b� the Commissioner of the res�ective Districts to succeed those ag�ointed in subsections 3 and 4 hereof shall serve for terms of office of four (4) vears and until their successors are ap�ointed and �ualified. (6) Should the Au�usta, Geor i��islative Dele�ation choose to a�point two (21 members as provided in the Consolidation Act. such members shall serve for a term of four (4LYears and until their successors are a�ointed and qualified. In the event the annointed authoritv of the Le�islative Dele�ation is removed from he Consolidation Act. this subsection shall automaticall��ealed. (7) All terms shall ex�ire on March 31 of the a�plicable vear. and new terms shall begin on Anril 1 of the a�licable vear. (8) Thereafter. members a�ointed bv the Commission of Au�usta. Geor�ia shall erve a term of four (41 vears. (9) All members shall be eli�ible for rea�ointment to said Appeals Board upon �xgiration of their terms (10) Anv vacancv in membership shall be filled for the unexpired term by the Augusta. Georgia Commission. (11) Anv member mav be removed for cause. on written char�es. after a�ublic hearin�v the Au�usta. Georgia Commission. (12) All members of the A�eals Board shall serve for such com�ensation as shall be established b the Commission. (13) None of the members shall hold anv other public office or �osition with Au�usta. Geor�ia. excent that one (11 member mav also be a member of the Plannin�. Commission. (d) The Board of Zonin�A�eals shall elect one (11 of its members as chairman, who shall serve a one (11 �ear term or until reelected or a successor is elected. (1) The Chairman shall have the power to vote on matters before the A��eals Board onlv where his vote will chan�e the result. (2) The Anneals Board shall appoint a secretarv who mav be an official or emplo� of Au�usta. Georgia. (3) The Apneals Board shall ado�t rules in accordance with the �rovisions of this ordinance. (4) Meetin�s of the Ap�eals Board shall be held at the call of the Chairman and at such other times as the Ap�eals Board mav deternune. (5) The Chairman. or in his absence the acting Chairman. mav administer oaths and com�el the attendance of witnesses by subpoena (6) The A��eals Board shall keen minutes of its groceedin�. showin� the vote of each m�mber upon each auestion or. if absent or failin� to vote. indicatine such fact. and shall keen records of its examinations and other official actions. all of which shall be immediatelv filed in the office of the secretarv of the Appeals Board and shall be a �ublic record. (e) A�beals to the Board of Zonin��eals mav be taken bv an�person a�grieved. or bv anv official. de�artment head. board or bureau of Augusta, Georgia affected bv a decision of an administrative officer Such a�eal shall be taken within a reasonable time. as �rovided bv the rules of the A�eals Board bv filin� with the secretarv of the A��eals Boar� a notice of ap�eal s�ecifXing the �rounds thereof. (1) Upon notice bv the secretar� of a filin o�f ag�eal, the official from whom the at�neal is taken shall forthwith transmit to the Ag�eals Board all �a�ers constitutin� a record u�on which the action a�ealed was taken. (2) An a�eal stavs all le a�l �roceedin�s in furtherance of action ap�ealed from unless the official from whom the a�eal is taken certifies to the A��eals Board. after notice of a�eal shall have been filed with him, that bv reason of facts stated in the certificate. a stav would. in his o�inion. cause imminent peril to life and nro�ertv In such a case�roceedin�s shall not be staved otherwise than by a restrainin� order which ma��ranted b� the A��eals Board or bv a court on apnlication, on notice to the officer form whom the a��eal is taken. and on due cause shown. (3) Unon receipt of notice of a�eal in a form �rescribed bv the A��eals Board the Board of Zonin�Apneals shall: a. Fix a reasonable time for the hearin� of the a��eal or other matter referred to it. b. Publish once in a newspaner of general circulation in Au u� sta' Georgia a notice of gublic hearin� on the a��eal Such notice shall be �ublished at least fifteen 1151 davs nrior to the date of the hearin� and shall indicate the time and �lace of the hearin� and the nature of the a�peals to be considered b� the Ap�eals Board c. Send �ostal cards ar letters to �ro�ertv owners of record whose nro�ertv lies within a 300-foot radius of the pro e�rtv sub�ect to the a��eal• �g notice of the time�place and nature of ap�eal. ( fl The Anneals Board shall have the followin�powers: (1) To hear and decide a�neals where it is alle�ed that there is error in anv order. requirement. decision or determination made bv an administrative official in the enforcement of the zoning ordinance adopted bv Au�usta. Geor��ursuant to this division. (2) To hear and decide snecial exceptions to the terms of the zonin� ordinance u�on which the Anneals Board as required to �ass under such ordinance. (3) To autharize upon anneal in s�ecific cases such variance from the terms of the zonin� ordinance as will not be contrarv to the public interest where. owin�to special conditions literal enforcement of the �rovisions of the zoning ordinance will, in an individual case. result in an unnecessarv hardshi�, so that the spirit of the zonin� ordinance shall be observed �ublic safetv and welfare secured and substantial iustice done. Such variance mav be �ranted in such individual case of unnecessarv hardship u�on finding bv the A�eals Board that• a. There are extraordinar� and exce�tional conditions pertainin�to the narticular �iece of �ro�ertv in c�uestion because of its size. sha�e or to�o�raphv: and b. The a�plication of the zonin� ordinance to this particular�iece of �ro�ertv would create an unnecessar� hardshi�: and c. Such conditions are peculiar to the particular piece of pro�ertv involved: and d. Relief. if eranted. would not cause substantial detriment to the �ublic good or impair the pur�oses and intent of the zonin� ordinance: however. no variance mav be �ranted for the use of land or buildin� or structure which is �rohibited bv the zonin� ordinance. (4) In exercisin� the above nowers the a�eals board mav in conformitv with the �rovisions of this section reverse or aff'�rm wholl or partl�, or ma,�v the ord r. reauirement, decision or determination: and to that end. the board shall have all of the nowers of the officer from whom the ag�eal is taken and ma� issue or direct the issuance of a permit ��y nerson or nersons severall ��or 'oi intl� a�eved b� anv decision of the A�eals Board or with anv official char�ed with the enforcement of any order. reauirement or decision of said board mav take an ag�eal to the Su�erior Court of Richmond Countv Geor�ia Said apneal shall be the same as an ag�eal to the superior court form anv decision made bv the nrobate court except that said a�eal shall be filed within thirtv �vs from the date of the decision of the A�eals Board or of anv off'icial charged with the enforcement of anv order. rec�uirement or decision in connection therewith• and unon failure to file said a�neal within thirtX (301 davs the decision of the Ag�eals Board shall be final. Sec. 1-4-89. Performan of d�ties_ snhdivi�ion r.unlatinns_ (a) From and after the time that the Au�usta. Geor�ia Plannin� Commission established in cordance with this article shall have nre�ared and adopted a master �lan or at least the maior street portion of such master �lan and shall have recommended to the �overnin� bodv of Au�usta, Geor i��ulations for the subdivision of land within Au u� sta, G�or�ia which re�ulations shall have been ado�ted bv the governing bodies then no plat of subdivision of land within Au�usta Geor�ia shall be filed or recorded in the office of the �lerk of the Superior Court of the count�until it shall have been submitted to and �p�roved bv the Au�usta. Geor�ia Commission and such a�roval entered in writin� on the plat bv the Director of the Plannin� and Develo�ment De�artment. The Clerk of the Superior Court shall not file or record a plat of a subdivision which does not have the annroval of the Au�usta. Geor�ia Commission as rec�uired b�the division. (b) The Plannin� Commission shall prepare and recommend to the Au�usta Geor� Commission for adoption re�ulations �overning the subdivision of land within Au u� sta, Geor�ia At their discretion the Commission ma r��t such subdivision regulations �lon� with anv amendments which ma� have been ado�ted �riar to and were su�erseded by the ratification of the home rule provisions of the Constitution of the State of Geor� however such regulations shall generallv conform to the �rovisions of this division (c) Subdivision re�.ulations prepared b� the Plannin� Commission and recommended to the Aug�sta. Geor�ia Commission for ado�tion ma�nrovide. in whole or in part. for: (1) The harmonious development of Augusta. Geor� (2) The coordination of streets within subdivisions with other existing or �lanned r ts• (3) The size of blocks and lots; (4) he dedication or reservation of land for streets. school sites. and recreation areas and easements for utilities and other public services and facilities: and (5) A distribution of �onulation, dwellin� units and traffic control which will tend to create conditions favorable to health, safet�. convenience.�ros�erit�or �eneral welfare. (d) Such re�ulations mav include rec�uirements as to the extent to which and the manner in which streets shall be �raded surfaced and improved• and water sewers se�tic tanks and other utilitv mains. piping, connections. or other facilities shall be installed as a condition precedent to the a�nroval of a subdivision plat Such re�ulations mav nrovide that in lieu of the comnletion of such work and installations previous to the final a�broval of a plat. the Au�usta. Geor�ia Commission ma_�pt a bond. in an amount and with suretv and conditions satisfactorv to it or a valid contract for the performance of the work and installations alon with a letter of uarantee for the ubdivider. rovidin for and �curin to�Au�usta Geor�ia the actual construction and installation of improvements and utilities within a eriod specified bv the Plannin� Commission and ex�ressed in the bon�l or letter of �uarantee. (e) The subdivision re�ulations mav be amended from time to time: but no amendment shall become effective until it shall have been �ro�osed bv or shall have first been submitted to the Planning Commission for review and recommendation. (1) The Plannin� Commission shall conduct. on behalf of the Augusta. Geor� Commission all nublic hearin�s on �roposed amendments to the subdivision regulations. (2) The Plannin� Commission shall hold such hearings after givin� at least fifteen 15�1 davs' notice of the time and place in a news�aner of �eneral circulation in Augusta. Georgia. The Plannin� Commission shall have thirtv (301, days within which to submit its report: and. if the �lannin� commission fails to submit a re�ort within the thirty (301 da�neriod. it shall have deemed to ap�rove the �roposed amendment. (3) The Plannin� and Development Department is hereb�given the authorit�� tentative a��roval or disa�roval to �reliminarv nlats and the Au�usta. Georgia Commission is hereb�given the authorit� to a�p�rove or disap�rove final x 1� ats. but in each case their action shall be taken within thirtv (30) davs after such submission thereof. otherwise. such plat shall be deemed to have been_an�roved and a certificate to that effect shall be issued by the Director of the Plannin a�nd Develonment De�artment on demand: however. the a�licant for the Director of Plannin� and Develo�ment Department or the Au�usta Geareia Commission's a�proval mav waive this reauirement and consent to the extension of such �eriod. The �round for disa�proval of anv nlat shall be stated upon the records of the A��usta. Georgia Commission. (� The a��roval of a�lat b� the Au�usta. Geor�ia Commission shall not be deemed to �onstitute or effect an acce tance bv Commission or the �ublic of the dedication of anv street or other round u�on the �lat. (g) From and after the time Au�usta. Geor�ia have adopted subdivision re�ulations in accordance with this article: (1) Unless nrovided for bv exemption within said regulations. an owner or a�ent of an owner of anv land to be subdivided who transfers or sells or a�rees to sell or ne�otiate to sell such land l� reference to or exhibition of or bv other use of a nlat of subdivision of such land before such �lat has been ap�roved bv the Au us�ta. Georgia Commission and recorded in the office of the Clerk of Superior Court in Richmond Countv shall be in violation of this division: and the Au�usta. Geor� Commission. through the Au�usta. Geor�ia attorne�v enioin or set aside such transfer. sale or agreement b���rogriate action (2) The Augusta. Georgia Commission or other �ublic authoritv shall not acce�v out. open. im r��rade. nave or li h�� street or lav or authorize the lavin�of anv water mains. sewers. connections. or other facilities or utilities in anv stree within Au�usta. Georgia unless such street shall have been acce�ted or o�ened as. or shall otherwise have received the legal status of, a public street prior to the adontion of said subdivision re�ulations. or unless such street corresponds in its location and lines with a street shown on a subdivision �lat a��roved bv the Au usta Geor�ia Commission or on a street �lat �re�ared for and adopted b�� the Au�usta. Geor�ia Commission. (3) No buildin�ermit shall be issued for and no buildin� or other structure shall be erected on anv lot within Au�usta. Geor�ia unless the street ivin� access to the lot shall be accented or o�ened as or shall otherwise have received the le�al status of. a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat a�roved by the Augusta. Geor�ia Commission or on a street plat pre�ared for and ado�ted bv the Augusta. Geor�ia Commission or with a street located and accepted b� the �overnin b�odv of Au�usta. Georgia. Anv building erected in violation of this division or the dulv ado�ted subdivision re�ulations shall be deemed an unlawful structure: and the chief buildin�pection official. Au�usta. Geor�ia attorne� other official desi�nated bv the governin��mav brin�ap�ro�riate action to en�oin such erection or cause it to be vacated or removed Sec. 1-4-90. Cumulative nowers. All powers and authorit�ranted bY this division to the Augusta. Geor�ia Plannine Commission shall be cumulative and in addition to all other �owers and authorit_y said Planning Commission now has or ma later have under other laws. Sec. 1 Amendments to �onin� ordinan .e. man and sLbdivision regLlations. Anv amendments to the Au�usta Geor i��rehensive Zonin� Ordinance the zonin� mans and anv amendments to the subdivision re�ulations of land shall onl�rec�uire the ap�roval of the Augusta. Geor�ia Commission when the �ro�ertv is located in Augusta Geor�ia and does not lie within the incornorated area of Citv of He�hzibah or the Town of Blvthe The Commission of Au�usta. Geor ia�mav make amendments to the comprehensive zonin� ordinance and subdivision regulations of land when the �overnin� bodv of Au�usta, Geor� determines that such a chan�e would be in the best interest of their res�ective �olitical subdivision. Secs. 1-4-92 —1-4-94. Reserved.