Dallas › Unified Development Code

Chapter 1 — In General

Code as publishedas of 2025-12-03

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§ 1.01

TITLE

Sec. 1.01 – TITLE

1)This Ordinance shall be known and may be cited and referred to as the “Unified Development Code of the City of Dallas, Georgia.” Whenever any term such as “this Ordinance,” “Zoning Ordinance,” “Unified Development Code,” or the abbreviation “UDC”

is mentioned throughout this document, it is intended to specifically refer to and mean the “Unified Development Code of the City of Dallas, Georgia.”

§ 1.02

PURPOSE

Sec. 1.02 - PURPOSE

1)The various use districts which are created by this Ordinance and the various sections of this Ordinance are adopted for the following purposes, among others:

a)To promote growth and development based on physical, social, and economic needs, environmental considerations, and public facilities and service.

b)To achieve such timing, density and distribution of land development and use as will prevent overloading public infrastructure systems for providing water supply, sewage disposal, drainage, sanitation, police protection, transportation and other public services;

c)To encourage such distribution and population, land development and use as will facilitate the efficient and adequate provision of public services and facilities;

d)To promote a diversified housing market. Encourage, promote and facilitate high quality design, construction and landscape measure for new developments in a variety of ways, including flexible zoning and development regulations, coherent development standards, and innovative planning ideas.

e)To achieve such density, design and distribution of housing as will protect and enhance residential property values;

f)To promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future residents, and owners of property and those engaged in commerce in the City;

g)To preserve and enhance the City's natural beauty and encourage accessible and architecturally pleasing development;

h)Increase the viability of businesses in downtown Dallas.

i)To improve the quality of life through protection of the City's total environment including, but not limited to, the prevention of air, water and noise pollution, and;

j)To encourage and sustain the economic viability of the City.

§ 1.03

TERRITORY UNDER THE ZONING ORDINANCE

Sec. 1.03 - TERRITORY UNDER THE ZONING ORDINANCE

1)This Ordinance shall be effective in the incorporated areas of the City of Dallas, Georgia. Upon annexation of territory into the City of Dallas, the County zoning regulations then in effect on that territory shall become null and void.

§ 1.04

APPLICABILITY AND COMPLIANCE

Sec. 1.04 - APPLICABILITY AND COMPLIANCE

1)All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations, changes in site or site flow, and relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing legally conforming uses exceeding thirty-five percent (35%) of the existing site or structure occurring hereafter as determined by the Community Development Director (“Director”) shall be subject to all the regulations of this Zoning Ordinance as they apply to the zoning districts in which such buildings or uses of land shall be located. A Site Plan is required for all changes of use except for uses within the CBD.

a)All changes of use proposed within existing structures on developed parcels shall be exempt from all supplementary regulations within this ordinance except parking, lighting and landscaping requirements.

b)All changes of use proposed within new structures or structures expanded beyond 35% of the existing structure’s square footage on developed parcels shall be subject to all applicable regulations within this ordinance as set forth herein.

c)All changes of use proposed within existing buildings, new buildings, or buildings expanded beyond thirty-five percent (35%) of the existing structure’s square footage, and located on underdeveloped or undeveloped lots shall be subject to all applicable regulations within this ordinance as set forth herein.

Table 1.1: Change of Use Chart

	Undeveloped Lot	Underdeveloped Lot	Developed Lot
Existing structure	All regulations	All regulations	Parking, Lighting and Landscaping Regulations
Expansions beyond 35% of a structure’s square footage	All regulations	All regulations	All regulations
New Structure	All regulations	All regulations	All regulations

2)This Ordinance shall not be construed as abating any action now pending under, or by virtue of, the prior existing zoning ordinance; or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue; or as affecting the liability of any person, firm, or corporation; or as waiving any right of the City of Dallas under any section or provision existing at the time of the effective date of this Ordinance; or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the City, except as shall be expressly provided for in this Ordinance.

3)All variances and exceptions granted prior to the effective date of this Ordinance or any subsequent amendment thereto shall remain in full force and effect, and all terms, conditions and obligations imposed shall remain in effect and be binding. Prior ordinances shall remain in effect insofar as required for the initiation of any proceedings against these violations and for the prosecution of any violations heretofore commenced.

4)Nothing in this article shall require any change in the development or proposed use of properties which are legally under construction or for which a development plan or preliminary plat has been approved within five (5) years of the effective date of this article and the development of which shall be commenced within three (3) years after the effective date of the article. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner.

Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

5)See also Chapter III: Nonconformities.

6)Municipal, county, and state-owned properties used for legitimate public purpose shall be exempt from all use and use district regulations set forth within this ordinance. This section shall not be construed to exempt such uses and structures from following development or supplemental regulations found herein. Utility providers are subject to all regulations found within this ordinance unless otherwise indicated.

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§ 1.05

TRANSITION RULES

Sec. 1.05 - TRANSITION RULES

1)Any application that has been filed with the Planning & Zoning Commission or its designees and is full and complete, prior to the effective date of this Zoning Ordinance, shall be regulated by the terms and conditions of the Zoning Ordinance that was in place at the time of filing. However, all administrative procedures shall follow those set forth by this Zoning Ordinance.

§ 1.06

HOW TO USE THIS DOCUMENT

Sec. 1.06 - HOW TO USE THIS DOCUMENT

1)STRUCTURE. The structure of the text of this Ordinance is as follows: Chapter (indicated by 1, etc.), Section (indicated by 1.1, etc.), and subsequent Subsections (indicated by a, i, etc.).

1)(i)

Below is an example of this format:

2)APPLICABLE DISTRICTS. Zoning district designation identifiers are located in various places throughout the document. If one of these identifiers appears within a section, then that section will apply to the corresponding zoning district. Samples of district identifiers follow:

•R-1 Low-Density Single-Family Residential

•MF-1 Multi-Family Low Density

•MXU Mixed Use

•CBD Central Business District

•C-1 Neighborhood Commercial

•I-1 Light Industrial

§ 1.07

INTERPRETATIONS

Sec. 1.07 – INTERPRETATIONS

1)In their interpretation and application, the provisions of this Ordinance shall be held to be minimum or maximum requirements, adopted for the promotion of the public health, safety, and the general welfare.

§ 1.08

INTERPRETATION OF TERMS OR WORDS

Sec. 1.08 - INTERPRETATION OF TERMS OR WORDS

1)For the purpose of this Ordinance, certain terms or words are defined, and the words or terms used shall be interpreted as follows:

a)The word “person” includes a firm, association, organization, partnership, trust, company, corporation or other legal entity, as well as an individual;

b)The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular;

c)The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.

d)The words “used” or “occupied” include the words “intended, designed, constructed, converted, altered or arranged to be used or occupied”; and

e)The word “lot” includes the words “plot, tract, or parcel.”

§ 1.09

ZONING MAP

Sec. 1.09 - ZONING MAP

1)OFFICIAL ZONING MAP. The city is divided into zones or districts as shown on the Official Zoning Map as amended, which, together with all explanatory matter, is adopted by reference and declared to be a part of this Ordinance. See also Section 11.05 – Zoning Map and Text Amendments.

2)LOCATION AND MAINTENANCE OF THE OFFICIAL ZONING MAP.

a)Regardless of the existence of copies of the official Zoning Map which, from time to time may be published, the Official Zoning Map shall be located in the office of the Community Development department. It shall be the final authority as to the current zoning status of land and water areas in the city. Current copies may be obtained from the Community Development department.

b)The official Zoning Map may be maintained in electronic form, and depicted in various formats and scales as appropriate to the need, under the direction of the Community Development Director.

c)No changes of any nature shall be made on the Official Zoning Map or shown except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of any kind by a person or persons shall be considered a violation of this Ordinance and punishable as provided under Chapter XII – Violations and Enforcement.

3)REPLACEMENT OF THE OFFICIAL ZONING MAP. In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions or loss of electronic information, the Dallas City Council may, by Resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment.

4)RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

a)Boundaries indicated as approximately following the center lines of thoroughfares or highways, street lines or highway right-of-way lines, or alleys shall be construed to follow the centerlines;

b)Boundaries indicated as approximately following platted lot lines shall be construed as following the lot line;

c)Boundaries indicated as approximately following city limits shall be construed as following the City Limits;

d)Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

e)Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the centerlines;

f)Boundaries indicated as approximately following floodplain lines shall be construed to follow the floodplain lines;

g)Boundaries indicated as parallel to or extensions of features indicated in the subsections above shall be so controlled. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map by the Community Development Director;

h)Where physical features existing on the ground are at variance with those shown as the Official Zoning Map, or in other circumstances not covered by the subsections above, the Community Development Director shall interpret the boundaries. The Dallas City Council shall hear appeals to the decision of the Community Development Director; and

i)When a zoning district boundary line divides a lot or parcel, the Director shall determine the applicable zoning district. The Director may require a rezone or replat of the site if any portion of a construction or development proposal overlaps two (2) or more zoning districts. The petitioner shall be responsible for filing the appropriate forms and for paying the appropriate filing fees to rezone or replat the lot or parcel. If a portion of a lot or parcel is in an overlay district, the entire lot or parcel shall be deemed as being within the overlay district.

§ 1.10

CONFLICT OF LAW

Sec. 1.10 - CONFLICT OF LAW

1)Whenever the regulations of this Ordinance require a greater width or size of setbacks or other open space, a lower height limit, greater percentage of lot to be left unoccupied, a lower density of development, a more restrictive use of land, or impose other higher standards than are required in any other lawfully adopted rules, regulations, ordinances, private deed restrictions or private covenants, these regulations shall govern.

§ 1.11

SEVERABILITY CLAUSE

Sec. 1.11 - SEVERABILITY CLAUSE

1)If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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.

§ 1.12

REPEAL OF CONFLICTING ORDINANCE

Sec. 1.12 - REPEAL OF CONFLICTING ORDINANCE

1)All ordinances or parts of ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of this Ordinance are repealed to the extent necessary to give this Ordinance full force and effect.

§ 1.13

EFFECTIVE DATE

Sec. 1.13 - EFFECTIVE DATE

1)This article shall be effective immediately upon its adoption by the Mayor and Council.

CHAPTER II - ADMINISTRATION