____________

W. Samuel Couvillon

Mayor

____________

C. Danny Dunagan Jr., Ward 1

Zack Thompson, Ward 2

Barbara B. Brooks, Ward 3

Abigail Guzman, Ward 4

Juli Hayes, Ward 5

Governing Body

____________

Bryan Lackey

City Manager

____________

Hulsey, Oliver & Mahar, LLP

City Attorneys

____________

Denise O. Jordan, MMC

City Clerk

This Code constitutes a recodification of The Unified Land Development Code of the City of Gainesville, Georgia.

Source materials used in the preparation of the Code were the 2005 Development Code, and ordinances subsequently adopted by the governing body. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2005 Development Code and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of four component parts separated by dashes, the first figure referring to the title number, the second figure referring to the article number, the third figure referring to the chapter number, and the fourth figure referring to the position of the section within the chapter. Thus, the first section of Chapter 9-1-10 is numbered 9-1-10-1 and the third section of Chapter 9-2-2 is 9-2-2-3. Under this system, each section is identified with its title and chapter and at the same time new sections or even whole titles or chapters can be inserted in their proper place by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 9-1-1-8 and 9-1-1-9 is desired to be added, such new sections would be numbered 9-1-1-8.1, 9-1-1-8.2 and 9-1-1-8.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 9-3-3 and 9-3-4, it will be designated as Chapter 9-3-3.5. New titles, articles and chapters may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of chapters, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the article or chapter.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of an article of the Development Code, the number to the left of the colon indicates the number of the article. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Jean B. Lindsay, Editor, of Municode, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Ms. Denise O. Jordan, CMC, City Clerk, and Mr. Abbott S. Hayes Jr., City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municode and the City of Gainesville, Georgia. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prearticle section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municode and the City of Gainesville, Georgia.

© Copyrighted material.
Municode and the City of Gainesville, Georgia. 2022.

AN ORDINANCE
No. 2024-26

AN ORDINANCE TO ADOPT AND ENACT A NEW UNIFIED LAND DEVELOPMENT CODE FOR THE CITY OF GAINESVILLE, GEORGIA; TO REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; TO PROVIDE A PENALTY FOR THE VIOLATION THEREOF; TO PROVIDE FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT HEREBY ORDAINED BY THE GOVERNING BODY OF THE CITY OF GAINESVILLE, GEORGIA, AS FOLLOWS:

SECTION I

The Code entitled "The Unified Land Development Code of the City of Gainesville, Georgia," published by Municode and available to the public and elected officials through the City Clerk's office, consisting of Articles 9-1 through 9-24, each inclusive, is hereby adopted.

SECTION 2

Such Unified Land Development Code referenced in Section 1 hereof embraces ordinances adopted through April 1, 2022. All ordinances of a general and permanent nature enacted on or before April 1, 2022, and not included in the Unified Land Development Code referenced in Section 1 hereof or recognized and continued in force by reference therein, are repealed.

SECTION 3

Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding 180 days, or any combination thereof. Except as otherwise provided: (i) with respect to violations that are continuous with respect to time, each day that the violation continues is a separate offense; and (ii) as to other violations, each act is a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

SECTION 4

Additions or amendments to the Code when passed in such form as to indicate the intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

SECTION 5

Ordinances adopted after April 1, 2022, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Such ordinances include Ordinance 2023-14.

SECTION 6

The Code referenced and adopted in Section 1 hereof is hereby amended as follows:

(A)

On the cover page, numbered as page ULDCiii, change "Juli Clay" to "Juli Hayes;" change "George Wangemann" to "Abigail Guzman;" and change "Denise 0. Jordan, CMC" to "Denise 0. Jordan, MMC."

(B)

In Table 9-6-1 in the Use labeled as "Hookah, e-cigarette and/or vapor lounge/bar," delete "?" under both "L-I" and "H-I" and replace in both places with "O."

(C)

In Table 9-6-1 in the Use labeled as "Lodging services, extended stay (also referred to as extended stay lodging services," delete "."under "G-B" and replace with "O."

(D)

In Table 9-6-1 in the Use labeled as "Retail sales of all alternative nicotine products," delete the small "o" under "R-B," "G-B," "L-I," and "H-I" and replace with "O."

(E)

In Sec. 9-8-4-2, the entire phrase "Small water supply watershed' should be italicized.

(F)

In Sec. 9-13-12-10(8), change the word "tern" to "ten."

SECTION 7

If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.

SECTION 8

The effective date of this Ordinance shall be upon approval by the governing body of the City of Gainesville.

This is to certify that I am City Clerk of the City of Gainesville. As such, I keep its official records, including its minutes. In that capacity, my signature below certifies this Ordinance was adopted as stated and will be recorded in the official minutes.

ATTEST: