This title shall be known as and may be cited as "The Unified Land Development Code of the City of Gainesville, Georgia," or, for brevity, "The Gainesville Development Code."

(ULDC 2005, § 9-1-1-1)

This Code constitutes title 9 of the Code of Ordinances of the City of Gainesville, Georgia, including regulations governing zoning, land subdivision, historic preservation, land development, building, and related activities, among other topics.

(ULDC 2005, § 9-1-1-2)

This Code is adopted under authority of Ga. Const. art. IX, § II, ¶ III and IV, and pursuant to the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.) and other applicable laws enacted by the general assembly and rules of various departments of state government, including, but not limited to, the following, which shall not be deemed to limit or repeal any other powers granted the governing body under state statutes:

(1)

The state general assembly has enacted the Georgia Planning Act of 1989, 1989 Ga. Laws (Act No. 634), pages 1317—1391, which, among other things, provides for local governments to adopt plans and regulations to implement plans for the protection and preservation of natural resources, the environment, vital areas, and land use.

(2)

The state general assembly has enacted the Georgia Historic Preservation Act of 1980, which authorizes local governments to establish historic districts and designate individual properties as historic, and to approval or deny certificates of appropriateness for material changes in appearance in such districts or on such properties designated as historic.

(3)

The state department of community affairs has promulgated Minimum Standards and Procedures for Local Comprehensive Planning (chapter 110-3-2 of Rules of the State Department of Community Affairs) to implement the Georgia Planning Act of 1989. Said standards and procedures were ratified by the state general assembly, and have since been amended. Said rules require local governments that adopt a comprehensive plan pursuant to the Georgia Planning Act of 1989, to describe regulatory measures and land development regulations needed to implement local comprehensive plans.

(4)

The state department of natural resources has promulgated Rules for Environmental Planning Criteria, commonly known as the Part V Standards. Said rules were ratified by the state general assembly and have since been amended. Said rules require local governments that adopt a comprehensive plan to plan for the protection of the natural resources, the environment, and vital areas of the state.

(5)

The governing body has adopted a comprehensive plan in accordance with the requirements of the Georgia Planning Act of 1989, rules of the state department of community affairs, and rules of the state department of natural resources, and the comprehensive plan has been revised from time to time.

(6)

The National Pollutant Discharge Elimination System (NPDES) was established by the federal Clean Water Act in 1972, and amended by the Water Quality Act of 1987, to establish the municipal separate storm sewer system (MS4) permitting requirements that require municipalities to minimize pollutants in stormwater runoff. Communities covered under NPDES MS4 permits must additionally comply with the Georgia Water Quality Control Act and adopt portions of the Georgia Stormwater Management Manual. The state department of natural resources requires local jurisdictions within the Metropolitan North Georgia Water Planning District and with MS4 permits to adopt the model ordinances ratified by the district board.

(7)

The state legislature, through the enactment of the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1 et seq., has authorized the city to enact development impact fees.

(8)

The state department of community affairs has adopted administrative rules, chapter 110-12-2, development impact fee compliance requirements, and the city has adopted amendments to its comprehensive plan which have been found by said department to be in compliance with said administrative rules.

(ULDC 2005, § 9-1-1-3; Ord. No. 2006-34, § II, 8-1-2006; Ord. No. 2020-42, § I, 11-3-2020)

(a)

The purposes of this Code include, but are not limited to, the following:

(1)

Implement the comprehensive plan, including goals and policies not currently implemented by land use regulations of the city.

(2)

Promote the health, safety, welfare, morals, convenience, order, and prosperity of the citizens and the city.

(3)

Promote responsible growth, lessen congestion in the public streets, secure safety from fire and health dangers, and promote desirable living conditions.

(4)

Provide adequate access to natural light and air.

(5)

Promote the orderly and desirable subdivision of land and development of streets, blocks, and lots.

(6)

Ensure the adequate provision of public facilities, including, but not limited to, water, sewerage, surface drainage, roads, schools, parks, and playgrounds.

(7)

Regulate the height, bulk, and the size of buildings and structures.

(8)

Classify land uses, set out zoning districts and overlay districts, establish procedures for the handling of certain land use matters, and regulate the distribution and density of uses on the land to avoid both the undue concentration of population and the inappropriate dispersion of population, prevent the encroachment of incompatible land uses within residential areas, and preserve property values.

(9)

Provide for economically sound and stable land development by ensuring the provision in land developments of adequate streets, utilities, services, traffic access and circulation, public open spaces.

(b)

Additional purposes and intentions are articulated in the various articles, chapters, and sections, as appropriate.

(ULDC 2005, § 9-1-1-4)

This Code is not intended to repeal, abrogate, or impair any valid easement, covenant, or deed restriction duly recorded with the clerk of the superior court of the county.

(ULDC 2005, § 9-1-2-3)

If any article, chapter, section, subsection, sentence, clause, phrase, or portion of this Code or any amendment thereto is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof which is not specifically declared to be invalid.

(ULDC 2005, § 9-1-2-4)

Notwithstanding the repeal of prior ordinances, as stated in this chapter, if a property was zoned subject to conditions prior to the adoption of this Code, the existing zoning conditions shall continue to apply to said property, until or unless amended by the governing body.

(ULDC 2005, § 9-1-2-5)

The provisions of this Code and any subsequent amendments shall not affect the validity of any lawfully issued and effective building or development permit if:

(1)

The development activity or building construction authorized by the permit has been commenced prior to the effective date of this Code or the amendment, or will be commenced after such effective date but within six months of issuance of the permit; and

(2)

The development activity or building construction continues without interruption (except because of war or natural disaster) until the development or construction is complete. If the permit expires, any further development or construction on that site shall occur only in conformance with the requirements of this Code in effect on the date of the permit expiration.

(ULDC 2005, § 9-1-2-6)

Except as otherwise specifically provided in this Code, all governmental bodies and authorities exempt from regulation under the police power of the city are exempt from the regulations contained in this Code.

(ULDC 2005, § 9-1-2-7)

This Code may be amended by following procedures specified in this Code for such amendment. In cases where an amendment is proposed, involving articles 9-1 through 9-11, articles 9-16 through 9-18 and articles 9-21 through 9-24, the amendment procedure shall satisfy the requirements of the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.) and chapter 9-22-8. Amendments to articles of this Code other than those cited in this section shall be considered under procedures generally applicable to amendment to this Code, provided that the director of community and economic development is notified and gives concurrence to the amendment to ensure that the proposed amendment does not conflict with this Code as a whole.

(ULDC 2005, § 9-1-2-9; Ord. No. 2020-42, § II, 11-3-2020)