Gainesville › Unified Land Development Code

Article 1 — Introductory Provisions, Chapter 1-2 — LEGAL STATUS PROVISIONS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗9 sections · full chapter

§ 1-2-1

Effective Date

This Unified Land Development Code shall take effect as of December 16, 2025.

§ 1-2-2

Repeal of Conflicting Ordinances

(a)Ordinance Number 98-61, adopted November 17, 1998, which repealed the former Title 9 in its entirety and replaced it with a new Title 9, Unified Land Development Code, is hereby repealed and replaced with this Ordinance.

(b)Ordinance Number 2005-37, adopted July 7, 2005, which repealed the former Title 9 in its entirety and replaced it with a new Title 9, Unified Land Development Code, is hereby replaced with this Ordinance.

(c)All other conflicting ordinances or parts of ordinances are hereby repealed to the extent of their conflict. Where this Ordinance and another overlap, whichever imposes the more stringent restrictions shall prevail.

§ 1-2-3

Relationship to Private Restrictions

This ULDC 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 Hall County, Georgia.

§ 1-2-4

Severability

If any article, chapter, section, subsection, sentence, clause, phrase, or portion of this ULDC or any amendment is adjudged by any court of competent jurisdiction to be invalid or unconstitutional, that judgement does not affect, impair, invalidate or nullify the remainder of this ULDC. The effect of the judgement is confined to the section, subsection, paragraph, clause, sentence, or provision immediately involved in the controversy in which judgement or decree was rendered.

§ 1-2-5

Validity of Existing Conditions of Zoning

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 ULDC, the existing zoning conditions shall continue to apply to said property, until or unless amended by the Governing Body.

§ 1-2-6

Previously Issued Permits

The provisions of this ULDC and its Official Zoning Map shall not affect the validity of any lawfully issued and effective building or development permit if:

(a)The development activity or building construction authorized by the permit commenced prior to the effective date of this ULDC or the amendment, or will be commenced after such effective date but within 6 months of issuance of the permit;

and

(b)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 ULDC in effect on the date of the permit expiration.

§ 1-2-7

Governmental Bodies

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

§ 1-2-8

Codification

It is the intention of the Governing Body that this ULDC shall become and be made a part of the Code of Ordinances of the City of Gainesville, Georgia, and the articles, chapters, and sections of this ULDC may be renumbered if necessary to fit most appropriately into the Code of Ordinances of the city.

§ 1-2-9

Zoning Compliance Law

(a)This title consists of a unified land development ordinance, crafted as a series of articles.

(b)Zoning Ordinance.

Articles 9-1 through 9-10, Article 9-13 and 9-14, and Articles 9-17 through 9-20 are all intended to constitute a zoning ordinance within the meaning of O.C.G.A. § 36-66-1, et seq. Changes to the text of these articles, as well as Official Zoning Map amendments and other zoning actions addressed in those Articles, require compliance with the public notice and hearing procedures provided in Article 9-18, and in said state statute.

(c)Other Ordinances.

The remining articles are not intended to constitute a zoning ordinance and may be amended using the City’s general procedures for ordinance amendment, provided that the Director of Community and Economic Development is notified to ensure that the proposed amendment does not conflict with this ULDC.

(d)No amendment will affect the validity of any permit lawfully issued prior to the amendments ordinance.