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Article 1 — Introductory Provisions, Chapter 1-1 — PREAMBLE AND ENACTMENT

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗5 sections · full chapter

§ 1-1-1

Title

This document is “The Unified Land Development Code of the City of Gainesville, Georgia” and is referred to or cited throughout the document as “this ULDC.”

§ 1-1-2

Scope

This Ordinance 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.

§ 1-1-3

Authority

This Code is adopted under authority of Article 9, Section 2, Paragraphs 3 and 4 of the Constitution of the State of Georgia, 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.

(a)The Georgia General Assembly has enacted the Georgia Planning Act of 1989, (Georgia Laws, 1989, pp. 1317-1391, Act 634) 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.

(b)The Georgia 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 approve or deny certificates of appropriateness for material changes in appearance in such districts or on such properties designated as historic.

(c)The Georgia Department of Community Affairs has promulgated Minimum Standards and Procedures for Local Comprehensive Planning (Chapter 110-3-2 of Rules of the Georgia Department of Community Affairs) to implement the Georgia Planning Act of 1989. Said standards and procedures were ratified by the Georgia 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.

(d)The Georgia Department of Natural Resources has promulgated Rules for Environmental Planning Criteria, commonly known as the "Part V" Standards. Said rules were ratified by the Georgia 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.

(e)The governing body has adopted a comprehensive plan in accordance with the requirements of the Georgia Planning Act of 1989, Rules of the Georgia Department of Community Affairs, and Rules of the Georgia Department of Natural Resources, and the comprehensive plan has been revised from time to time.

(f)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 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 Georgia Department of Natural Resources requires local jurisdictions within the Metropolitan North Georgia Water Planning District and with Municipal Separate Storm Sewer System

(MS4)permits to adopt the Model Ordinances ratified by the District Board.

(g)The Georgia Legislature, through the enactment of the Georgia Development Impact Fee Act, Georgia Code Titles 36-71-1 through 36-71-13, has authorized the city to enact development impact fees.

(h)The Georgia 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.

§ 1-1-4

Purposes

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

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

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

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

(d)Provide adequate access to natural light and air.

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

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

(g)Regulate the height, bulk, and the size of buildings and structures.

(h)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.

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

§ 1-1-5

Adoption

It is hereby ordained by the authority of the Governing Body that the following articles, chapters, and sections, which collectively constitute Title 9 of the Code of Ordinances of the City of Gainesville, Georgia, are adopted.