Gainesville › Unified Land Development Code

Article 18 — Applications and Procedures, Chapter 18-3 — ANNEXATIONS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗13 sections · full chapter

§ 18-3-1

Generally

An area proposed for annexation into the city be subject to the same procedures, standards, and requirements for any rezoning or special use as contained in Chapter 18-2, except as specifically modified by this chapter.

§ 18-3-2

Initiation

(a)An application for annexation for any property or properties contiguous to the city may be initiated by the Governing Body, owner of the property, or some other person given authorization by property owner to file said application. Unless initiated by the Governing Body, all such applications shall be initiated by the owner of a majority interest in the property affected.

(b)Any applicant wishing to apply for annexation must schedule an appointment with the Community and Economic Development Department to review the application for completeness. No such application shall be accepted for processing by the Director unless it meets the requirements of this section. Incomplete or improper applications will be returned to the applicant. The Director is hereby authorized to establish administrative deadlines for the receipt of applications.

(c)Any applicant wishing to file an application for a planned unit development zoning district must schedule a conference with the community and economic development department staff at least 15 days prior to filing an application and shall submit the additional application materials required for a PUD district as outlined in Chapter 18-2 for a zoning change application.

§ 18-3-3

Withdrawal and Waiting Period for Reapplication

Any applicant wishing to withdraw a proposed annexation request shall comply with the withdrawal procedures as outlined in Chapter 18-2 for rezoning applications and special use with the exception that there shall be no waiting period for reapplication upon withdrawal or denial of an annexation request.

§ 18-3-4

Requirements for Submittal

In addition to those requirements for submittal in Section 18-2-3, all applications for annexation shall include the following:

(a)U.S. Department of Justice data. Data as required on a form that is part of the application form provided by the Community and Economic Development Department.

(b)Letter of cost estimate. A letter of cost estimate must be obtained from the city department of water resources if an applicant wishes to have the city share in the cost of sanitary sewer line extension.

(c)The Director may request information in addition to that specified in this section when considered necessary for review of the application by the Governing Body.

(d)Anyone filing an application may be exempt from the above submittal requirements of this section, provided the application is for annexation with a zoning classification of R-I-A or R-I, does not involve a subdivision development, and includes the fee, plat or boundary survey, legal description and written narrative as described in Section 18-2-3.

§ 18-3-5

Concept Plan Requirements

The concept plan shall be submitted meeting the requirements of Section 18-2-4, as appropriate to the annexation requested.

§ 18-3-6

Special Application Requirements for Planned Unit

Developments Applications for annexation with a zoning classification of PUD shall include those additional application materials required for a PUD district as outlined in Chapter 18-2.

§ 18-3-7

Process for Annexation

In addition to the process and procedures for a rezoning or special use request as outlined in Chapter 18-2, there are additional steps to be taken when processing applications for annexation.

(a)Upon or following the date of notice to the county of the proposed annexation as required under O.C.G.A. 36-36-6, the Governing Body shall initiate the zoning of the property to be annexed or consider an application for a zoning submitted by or on behalf of the owner of such property under the provisions of this chapter.

(b)The Governing Body shall conduct their public hearings on the zoning concurrent to the annexation of the land into the city. Notice of such hearing shall be provided under the provisions of Chapter 18-2 for a rezoning or special use.

(c)If the annexation request is denied, any action by the Governing Body on the zoning shall be null and void.

(d)Furthermore, there are mandatory reports required that must be submitted to local, state and federal agencies. Such reports and documents shall be prepared by and submitted by the Community and Economic Development Department on behalf of the applicant.

§ 18-3-8

Criteria to Consider for Annexation

The Governing Body shall consider the standards of Section 18-2-12 in considering any annexation proposal, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal.

§ 18-3-9

Additional Procedures and Criteria for Planned Unit

Developments In addition to the requirements for annexation applications specified in this chapter, approval proceedings for annexation with PUD zoning shall comply with the additional procedures and criteria for PUD zoning as outlined in Chapter 18-2 for a zoning change.

§ 18-3-10

Effective Date

The zoning of property hereafter annexed shall become effective on the day the zoning is approved by the Governing Body, on the date that the annexation becomes effective, or where a county has interposed an objection pursuant to O.C.G.A. 36-36-11, the date provided for in paragraph (8), subsection (b) of O.C.G.A. Section 36-36-11, whichever is later.

§ 18-3-11

Issuance of Permits

No application for a land development or building permit shall be filed on newly annexed property until the first of the month following the effective date of the annexation approval.

§ 18-3-12

Existing Nonconforming Use

Any use existing at the time of annexation approval on property annexed by the city which does not comply with the use provisions of the city's zoning district assigned to said annexed property shall be considered a nonconforming use which shall be governed by Chapter 10-3.

§ 18-3-13

Conformity with this Code

Lands hereafter annexed into the city limits shall, upon the effective date of such annexation, be subject to all applicable procedural and substantive requirements of this Code as now or hereafter amended. Any new use of an annexed property after zoning approval shall only be permitted if it conforms to all applicable provisions of this Code.