Appendix A. UNIFIED DEVELOPMENT ORDINANCE

Appendix Section 5.0 - Inactive Zoning Districts

§ 5-20. Modified Single-Family Development

Latest version.

5-20.1 Purpose. The purpose of Modified single-family development is to permit a procedure for development which will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage ingenuity and originality in total subdivision and individual site design; and which can preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto. To achieve these goals:

Permitting variations in lot areas.

Establishing procedures to assure adequate maintenance and restricted use of open space areas for the benefit of the inhabitants of the subdivisions.

Establishing procedures to assure adequate protection of existing and potential developments adjoining the proposed Modified development.

5-20.2 Special Use Permit Required. A Modified single-family development may be permitted in an R-100 or R-75 district provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and the Planning Commission and after a public hearing. The Board of Commissioners may reduce the individual lot size that would otherwise be required, up to 30 percent in an R-100 district and up to 25 percent in an R 75 district. Maximum density shall not exceed 2.3 units per acre for the R-100 Modified zoning designation and 3.0 units per acre for the R-75 Modified zoning designation.

5-20.3 Minimum Size of a Modified Development. Modified developments shall consist of at least 16 dwelling units, except that Modified developments that are found by the Board of Commissioners to be a logical extension of an existing or approved Modified development may contain fewer dwelling units.

5-20.4 Subdivision Approval Required. No Modified development may be constructed except in accordance with the provisions of Section 5-20.

5-20.5 Modification of Yard and Lot Requirements. Modification and variation of yard and lot requirements may be permitted subject to the following minimum standards listed below in Section 5-20.6.

5-20.6 The following table indicates the minimum setbacks, lot width and height requirements for Modified developments:

Minimum Yard and Height Requirements for Modified Development

Zoning District	Lot Width	Front Yard	Side Yard	Rear Yard	Height
R-100M	80 Feet	25 Feet From Right-of-Way	1 Yard - 5 Feet 2 Yards - 15 Feet	30 Feet	35 Feet
R-75M	65 Feet	25 Feet From Right-of-Way	1 Yard - 5 Feet 2 Yards - 15 Feet	25 Feet	35 Feet
In all districts, stormwater facility lots shall maintain a minimum lot width of 30 feet at the minimum building setback line.

5-20.7 Open Space Requirements; Ownership.

In each district allowing Modified development, the lot size may be reduced from the general lot size for that district to a specified minimum lot size for Modified development, in accordance with the percentage reduction limits and Section 5-20.6 Minimum Yard and Height Requirements For Modified Development. All such lot reductions shall be compensated for by an equivalent amount of land in open space to be preserved and maintained for its scenic values, recreation or conservation purposes. Up to one-half of such open space may be located in a 100-year floodplain or an existing lake, and up to 100 percent may be located within a permanent proposed lake which does not function solely as a detention facility or within delineated wetlands.

Open space shall not include areas devoted to public or private vehicular streets or any land which has been, or is to be, conveyed to a public agency, via a purchase agreement for such uses as parks, schools, or other public facilities, or which lies within any required recreation area, overhead power easement, or stormwater detention facility.

If open space is not dedicated to public use, it shall be protected by legal arrangements, satisfactory to the Board of Commissioners, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Board of Commissioners; and any other specifications deemed necessary by the Board of Commissioners.

5-20.8 Criteria for Modified Development Concept Plan Review. A proposal for a Modified development shall provide for a total environment better than that which could be achieved under standard regulations. If, in the opinion of the Board of Commissioners, the proposed plan could be improved with respect to the criteria listed below by the reasonable modification of the location of open space or buildings or configurations of lots, streets and parking areas, the proposed plan shall be so modified or denied. In acting on a proposed plan, the Board of Commissioners shall give particular consideration to the following criteria:

Required Exhibits. The following exhibits shall be prepared by design professionals, such as planners, engineers, architects or landscape architects and submitted to the Department of Planning and Development. No application for a Modified single family development shall be accepted for processing without these required exhibits.

A location map indicating existing zoning on the site and the adjacent areas.

A concept plan drawn no smaller than one inch equals 100 feet, including the following information:

Lot lines and setbacks;

Location, shape, size and height of the existing and proposed decorative walls and elements and entrance features;

Topography with contour intervals no greater than 2 feet;

Lakes, ponds and floodplains and the source of floodplain data;

Stormwater detention areas;

Existing and proposed landscaping;

Recreation facilities (if applicable);

Stages of development, if any;

Location of offstreet parking.

Floor plans and elevations of all typical units and any other structures such as recreation buildings.

Information indicating the following:

Gross and net acreage (see definition of net density);

Lot sizes (dimensions and square footage);

Building heights and stories;

Building coverage for each lot;

Amount of common open space in square feet (if applicable);

All tree areas to be retained or added;

Parking facilities and

Such other architectural and engineering data as may be required to evaluate the project.

5-20.9 All Modified Amendments to be Conditional Zoning Amendments. All Modified Single Family zoning amendments to the Official Zoning Map shall be conditional amendments. In addition to any other conditions that may be imposed by the Board of Commissioners pursuant to the provisions for conditional zoning in this Unified Development Ordinance, a concept plan showing the approximate location of all buildings, walls, fences, property lines, front and rear building lines, landscaping, parking areas and uses and any other features deemed appropriate by the Board of Commissioners as a result of the concept plan review and public hearing shall be included as part of the amendment, and the use of the property for its zoned purposes shall be conditioned on said concept plan.

5-30.1 Purposes. The purposes of this overlay district are as follows:

To encourage the development of residential communities, that are density neutral based upon the Comprehensive Plan, designed to preserve and protect environmental resources, scenic vistas, and natural and cultivated landscapes.

To enhance land, water, air and tree resources by minimizing the area of land disturbance, reducing impervious surface, optimizing stream buffers, preserving tree cover and encouraging retention and protection of Conservation Space.

To reduce infrastructure maintenance costs as a result of efficient community design.

To provide Conservation Space and pedestrian linkages and wildlife corridors among residential communities and to encourage recreation opportunities.

To preserve significant historical and archaeological features.

To preserve and protect contiguous undeveloped areas within the development.

5-30.2 Applicability. This overlay district may be overlaid only upon the R-100 and R-75 districts utilizing the public sanitary sewer system. The overlay district shall require approval of a Special Use Permit at a public hearing as of the effective date of the adoption of this overlay district. Any conditions of zoning or special use approval of the underlying district shall also be observed (exception: lot area, width or quantity). For properties which are submitted for rezoning to R-100 or R-75, the applicant shall declare the intent to utilize this overlay district at the time of application and the application shall be accompanied by an Existing Features Site Analysis Plan, and Environmental Site Assessment (Phase One) report, and a Concept Plan meeting the requirements of this section. The overlay district shall not be used on property that has been timber harvested within 24 months prior to adoption of a zoning change or approval of a concept plan.

5-30.3 Permitted Uses. Those uses permitted in the underlying district are permitted.

5-30.4 Existing Features Site Analysis Plan. At time of development, or if a zoning action is proposed, and prior to preparing the Concept Plan, an Existing Features Site Analysis Plan, sealed by a registered engineer or landscape architect, and an Environmental Site Assessment (Phase One) report, shall be prepared and submitted by the applicant or developer.

5-30.5 The purposes of the Site Analysis Plan are to:

Delineate areas that have been identified as worthy of permanent protection in Conservation Space because of their environmental values. This delineation shall include, but shall not be limited to, the information and steps listed in Section 5-30.6.

Set forth the particulars of the site, including boundary, topographic data (minimum 4-foot contour intervals), existing structures and utility easements.

Together with the Environmental Site Assessment (Phase One) report, provide the starting point for design of the conservation subdivision with built areas being designed as separate from the areas delineated as worthy of permanent protection.

5-30.6 The Existing Features Site Analysis Plan shall include at least the following information:

Perennial and intermittent streams, FEMA designed 100-Year Flood Hazard Zones and Wetlands. The source of this information shall also be indicated.

Identification of tree lines, native woodlands, open fields or meadows, peaks or rock outcroppings, and prime agricultural land.

Delineation of tree resource areas by type such as hardwoods, pines or mixed; and old or new growth.

Delineation of steep slope areas (25 percent or greater). The designer shall endeavor to preserve slopes greater than 40 percent.

Identification of historical, archeological or other significant features identified in the Environmental Site Assessment (Phase One) report.

Identification of scenic vistas as listed in the Comprehensive Plan.

Identification of Conservation Space, Open Space or common areas adjacent to the project.

Identification of protected plant species as listed by the Georgia Department of Natural Resources, to be certified by a registered landscape architect, forester, arborist, biologist, botanist or horticulturist.

The plan shall also include certification that timber harvesting activity has not occurred on the property in the previous 24 months prior to the approval of a rezoning application or the approval of a Concept Plan.

5-30.7 Concept Plan. At time of development, a Concept Plan shall be submitted by the developer for review and approval in accordance with the requirements and procedures of Section 320-10. If a zoning action or Special Use Permits is required, the rezoning site plan shall include the following information:

Delineation and specifications of Conservation Space including calculations and exclusions (see Section 5-30.9); and any "Pocket Parks," "Neighborhood Greens," play areas, or trail system to be constructed.

A typical detail on the plan indicating dwelling size, lot width, building setback lines, off-street parking, street trees, sidewalks, and street pavement and right-of-way width.

Lot width average, area and percent of floodplain specifications in tabular form; and density calculations (gross and net).

5-30.8 Conservation Space Requirements. In order to qualify for this overlay district, Conservation Space shall meet the following requirements:

Delineation.

Priority shall be given in delineating Conservation Space areas as those areas of significance identified in the Existing Features Site Analysis Plan, around which the built areas are designed.

Undeveloped and Natural.

Conservation Space shall remain undeveloped and natural except for the provision of non-motorized passive recreation opportunities such as running, walking, biking, and similar outdoor activities. Wetland and stream bank mitigation projects are also permitted.

Primary Conservation Areas are required to be included in the Conservation Space. These areas shall be covered by a provision for permanent protection and shall include 100-Year floodplains, stream buffer zones, slopes greater than 40 percent consisting of a contiguous area of at least 5,000 square feet, wetlands, endangered or threatened species or their habitat, archeological sites, cemeteries or burial grounds.

Secondary Conservation Areas are features and areas recommended and desirable for Conservation Space designation and may be covered by the provisions for permanent protection. These include important historic sites, existing healthy, native forests of at least one contiguous acre, scenic viewsheds, peaks and rock outcroppings, prime agriculture lands consisting of at least 5 contiguous acres, and existing trails that connect the tract to neighboring areas. Also considered Secondary Conversation Areas are "Pocket Parks," "Neighborhood Greens" and storm water management facilities and practices and may be constructed and maintained in Conservation space. However, "Pocket Parks" and "Neighborhood Greens" shall not exceed 20 percent of the total required Conservation Space.

5-30.9 Exclusions.

Excluded from meeting the minimum amount of Conservation Space are the following (also, see the definition of Primary Conservation Areas):

Residential yards.

Proposed Permanent Lakes that may be used for wet detention. No more than 50 percent of land area located within a proposed permanent lake may be credited.

Recreation Area Improvements. Impervious surfaces in recreation areas shall not be credited.

Easements. Land area within power, gas pipeline easements, sewer line easements or pump stations shall not be credited.

Other. Land area devoted to public or private streets or any land that has been, or is to be, conveyed to a public agency via a purchase agreement for such uses as parks, schools, or other public facilities shall not be credited.

5-30.10 Ownership. Conservation Space shall be owned in fee-simple by a mandatory property owner's association; or other entity approved in advance by the Board of Commissioners during their normal course of business. The developer shall record the deed to the Conservation Space prior to, or concurrent with, the recording of the first final subdivision plat. An access easement following the alignment of future public streets is acceptable. However, "Pocket Parks" or "Neighborhood Greens" may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part

5-30.11 Property Owner's Association.

The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:

Governance of the association by the Georgia Property Owner's Association Act (OCGA Section 44-3-220 et seq.) or a successor to that Act that grants lien rights to the association for maintenance expenses and tax obligations.

Responsibility for maintenance of the open space.

Responsibility for insurance and taxes.

Automatic compulsory membership of all lot purchasers and their successors; and compulsory assessments.

Conditions and timing of transferring control of the association from the developer to the lot owners.

Guarantee that the association will not be dissolved without the advance approval of the Board of Commissioners.

5-30.12 Maintenance. The property owner's association, or other entity approved in advance by the Board of Commissioners, shall be responsible for the continuous maintenance of buffers, Conservation Space and recreation areas.

5-30.13 Conservation Surety.

Conservation Space delineated on the Final Plat and required to be in a Primary Conservation Area shall be permanently protected by either one or both of the following options:

Option 1. Conveyance to the Public and Subdivision Lot Owners.

A deed conveying ownership of the Conservation Space to the mandatory property owner's association shall be recorded and delivered prior to, or concurrent with, the approval of the Final Plat for the first phase of the subdivision. Both the deed and the Final Plat shall contain, at a minimum, the following covenant:

"The Conservation Space conveyed by deed and shown on the Final Plat shall remain permanently protected and shall not be disturbed, cleared or developed except in accordance with Section 5-30.8 of this Unified Development Ordinance and with Georgia Law OCGA 36-22-1 et seq., having the following Green space goals: protection of streams, floodplains and wetlands; steep slopes; woodlands, open fields and meadows; historical and archeological features; significant wildlife habitats; scenic vistas; passive recreation and connectivity with nearby open spaces. The following uses may be allowed: passive recreational amenities, such as pervious-surface paths and minimal parking spaces; picnic and restroom facilities (constructed facilities shall not exceed 15 percent of the Conservation Space). This covenant is intended to benefit said area to the public and the use of same to the subdivision lot owners and residents, and it shall run in perpetuity as provided by Georgia Law OCGA 44-5-60(c)."

Option 2. Conveyance to Other Qualified Organizations or Entities.

Except for "Pocket Parks" or "Neighborhood Greens," developed recreation areas or Secondary Conservation Areas not desired for permanent protection, Conservation Space shall be permanently protected by the:

recording of a covenant or conveyance of an easement which runs in perpetuity under Georgia Law OCGA 44-5-60 in favor of any corporation, trust, or other organization holding land for the use of the public or certain governmental entities; or,

ii.

(conveyance of a conservation easement running in perpetuity to a third party "qualified organization" recognized by Federal Treasury Regulation Section 1.170A-14(c)(1). Qualified organizations recognized by this Treasury Regulation include, but may not be limited to, governmental entities, certain publicly supported charities, local and national land trusts, or other conservation groups that are organized or operated primarily or substantially for one of the conversation purposes specified in the Internal Revenue Code. Governmental entities that qualify to be named in covenants under Georgia Law OCGA 44-5-60 or to receive conservation easements under the Treasury Regulation referred to above for purposes of this section shall include the Federal government, the State of Georgia, Gwinnett County, or authorities of the State of Georgia or Gwinnett County. If a covenant is recorded or an easement conveyed in favor of a governmental entity, formal acceptance by the governmental entity or qualified conservation organization shall be obtained prior to the recording of the covenant or conveyance of the easement. The developer shall record the necessary legal instrument to accomplish protection of the Conversation Space prior to, or concurrent with, the recording of the Final Plat. The legal instrument shall contain, at a minimum, the same language required to be placed on a deed as stated in Option 1 of this Section.

Secondary Conservation Areas may also be covered by the same permanent protection options.

5-30.14 Density. The Comprehensive Plan establishes recommended residential density not to exceed 3 units per acre in many areas of the county. Consequently, subdivisions in the overlay district shall not exceed a maximum net density in the underlying district, and shall provide at least the percent of Conservation Space, as stated below:

R-100: 2.3 units per acre with 40 percent Conservation Space.
3.0 units per acre with 50 percent Conservation Space.

R-75: 3.0 units per acre with 40 percent Conservation Space.

5-30.15 Development Requirements. Subdivisions in this overlay district shall meet the following requirements unless a Special Use Permit is submitted and approved by the Board of Commissioners:

Minimum Subdivision Size: 10 contiguous acres.

Lot Area: No minimum.

Average Lot Width: The average width of all building lots shall be at least 60 feet. Exception: Any lot located less than 50 feet from adjacent property lines zoned RA-200, R-140, R-100 and R-75 (except modified and cluster subdivisions) shall meet the lot width (for the entire depth of the lot) and the rear setback of the underlying zoning district.

Minimum Road Frontage per Lot: Forty feet. Exception: Road frontage may be reduced to 20 feet for lots with frontage upon cul-de-sac or "eyebrow cul-de-sac" turnarounds.

Minimum Yard Areas (Setbacks): Front: 20 feet.

Exception: The front yard setback may be reduced to 5 feet if dwellings are provided side or rear entry garages. To qualify for the reduced setback on a corner lot, side entry garages must be located to the side adjacent to an abutting lot.

Rear: 20 feet.

Side: 5 feet.

Street Frontage Buffer: Fifty feet in width (not part of any building lot). The street frontage buffer shall remain undisturbed and natural, except for entrance features, necessary street construction activities, right-of-way crossings and corner right-of-way miters or radii. If the required street frontage buffer is void of vegetation, it shall be replanted to provide an effective visual screen, which may include landscaped berms and decorative fences. The street frontage buffer may be counted towards Conservation Space calculations.

Maximum Height: 35 feet.

Minimum Floor Area: Each dwelling unit shall have a minimum heated finished living area, excluding a basement, attic, carport or garage, as follows:

One Story: 1,600 square feet.

Two Story: 1,800 square feet.

Homes shall be constructed of brick, stacked stone, cedar shake, stucco, or fiber cement siding on four sides. Soffits may be constructed of vinyl.

Sodded Yards: All grassed areas on dwelling lots shall be sodded.

Garages: Dwellings shall have two-car garages.

Street Trees: Street trees, in accordance with the requirements of Section 620-60 of this UDO shall be provided.

Underground Utilities: Utilities shall be located underground.

Section 5-40. R-140 Single Family Residence District.

This zoning district is intended primarily for single-family residences on large lots in areas where topography does not lend the land for small-lot development.

5-40.1 Within the R-140 Single Family Residence District, the following uses are permitted:

All uses permitted in the R-100 Single Family Residence District, including Special Uses.

5-40.2 Minimum specifications for development of the R-140 Single Family Residence District:

A maximum of 25 percent of the net acreage exclusive of roads may be used for lots of 1.0 to 1.5 acres.

A maximum of 25 percent of the net acreage exclusive of roads may be used for lots of 1.5 to 2.0 acres.

The remainder of the property shall consist of lots exceeding 2.0 acres.

Upon approval of the Final Plat, a note shall be placed on the plat stating "No lot shall be subdivided, nor shall more than one house be erected on any one lot".

Subdivision development shall be considered only on tracts of 15 acres or more.

5-40.3 Within the R-140 Single Family Residence District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and Planning Commission and after a public hearing.

The subdivision of land with frontage on private roads with a common easement.

Group Homes.

Family Personal Care Home (minimum one-acre lot size).

Section 5-50. RL Lakeside Residence District.

The purpose of the RL. Lakeside Residence District, which borders on Lake Lanier or Norris Lake, is to permit single-family dwellings and recreation cottages on medium-sized lots, and, as a special use, water related recreation areas and facilities.

5-50.1 Within the RL Lakeside Residence District the following uses are permitted:

Single family dwellings and recreation cottages, but not including manufactured homes.

Customary accessory buildings and uses.

Customary home occupations.

Public parks.

Public utilities.

5-50.2 Within the RL. Lakeside Residence District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and Planning Commission and after a public hearing:

Churches.

Public and private schools offering general education courses.

Water-related recreation areas and facilities including commercial and non-commercial boat docks and piers, picnic facilities, convenience goods stores, restaurants and the like.

Multi-family rental vacation dwellings.

Section 5-60. R-ZT Single Family Residence Zero Lot Line/Townhouse District.

(Prior to January 2005).

This district is intended to provide areas for the development of moderate density residential uses and structures in moderately spacious surroundings. It is intended that these districts be located in the urban and suburban portions of Gwinnett County where a protected environment suitable for moderate-density residential use can be provided, as well as in established moderate-density residential areas as a means to ensure their continuance. The use of this district is also appropriate on a smaller scale in the suburban portions of the County as a transitional zone between low-density residential districts and commercial districts, industrial districts, or major transportation arteries, or other uses that are not compatible with a low-density residential environment. In fulfilling the intent of this district, the townhouse concept may be used which permits the construction of single-family dwellings immediately adjacent to one another without side yards between the individual units and which units may or may not be structurally connected. The intent of this district may also be fulfilled by the use of the Zero Lot Line concept, which permits the construction of detached single-family dwellings on lots without a side yard requirement on one side of the lot. This concept permits better use of the entire lot by compacting the usual front, rear and side yards into one or more internal gardens which may be completely walled in or screened.

5-60.1 Within the R-ZT Single Family Residence Zero Lot Line/Townhouse District, the following uses are permitted:

Zero Lot Line Single Family Detached Dwellings.

Townhouses.

Single Family Detached Dwellings.

Customary Home Occupations (provided the building lot is a minimum of 60 feet in width and 7,200 square feet in area).

5-60.2 Within the R-ZT Single Family Residence Zero Lot Lot/Townhouse District, the following requirements shall be met:

Maximum density shall not exceed 8 units per acre for attached dwelling units and 6 units per acre for detached dwelling units.

Minimum lot width for Zero Lot Line or single family detached units - 40 feet. Minimum lot width for townhouse attached units - 22 feet. Zero Lot Line or single family detached lots shall maintain a minimum road frontage of 20 feet. Townhouse lots shall maintain a minimum road frontage of 15 feet.

Minimum front yard depth shall be 20 feet.

Minimum side yard depth - None for townhouses except that on corner lots the minimum side yard of the corner side shall be 20 feet. Zero lot line lots shall have a 0 foot side yard on one side and a minimum of 10 feet on the opposite side. Single family detached units shall have a minimum 5 foot side yard on each side.

Minimum rear yard depth - When abutting an R-75 or R-100 district, the rear yard shall be equal to the required buffer plus an additional 5 feet. However, the rear yard setback shall not be less than 25 feet.

Maximum height - 35 feet or two and one-half stories.

Provide two or more off-street parking spaces per dwelling unit.

Provide sidewalks adjacent to interior streets, excluding cul-de-sac turnarounds.

Maximum allowable paved parking in the front yard (excluding walkways and required sidewalk) is 45 percent.

Provide a minimum 40-foot building setback adjacent to exterior streets. The setback may be reduced to 30 feet if a berm, landscaping, fence or wall is provided adjacent to the exterior street(s).

A maximum of eight dwelling units shall be allowed in each row of townhouses. When an end unit of a townhouse row does not side on a street, an open space or court of at least 20 feet in width shall be provided between it and the adjacent row of townhouses, and this open space shall be divided between the two immediately adjacent townhouse lots as to property or lot lines.

Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a street, this open court shall be a minimum of 40 feet in width and said court shall not include vehicular drives or parking areas.

Townhouses shall be constructed up to side lot lines without side yards, and no windows, doors, or other opening shall face a side lot line except that that the outside wall of end units may contain such openings.

Zero Lot Line dwellings shall be constructed against the lot line on one side of a lot, and no windows, doors, or other openings shall be permitted on this side. The access for exterior maintenance shall be assured through a perpetual wall maintenance easement of 5 feet in width as necessary

A minimum of a two-hour rated firewall shall be required between each attached dwelling unit. A four-hour rated fire-wall shall be required between every fourth attached dwelling unit. Firewalls shall be constructed in accordance with applicable building codes of Gwinnett County

5-60.3 All R-ZT Amendments to be Conditional Zoning Amendments. All R-ZT Single Family Residence Zero Lot Line/Townhouse amendments to the Official Zoning Map shall be conditional amendments. In addition to any other conditions that may be imposed by the Board of Commissioners pursuant to the provisions for conditional zoning in this Unified Development Ordinance, a concept plan showing the approximate location of all buildings, walls, fences, property lines, landscaping, parking areas and uses and any other features deemed appropriate by the Board of Commissioners as a result of the above concept plan review and public hearing, shall be included as part of the amendment, and the use of the property for its zoned purposes shall be conditioned on said concept plan.

5-60.4 Concept Plan Review. The purpose of the concept plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the soundness of the proposed development and its compatibility with the surrounding area. The Director of Planning and Development shall review plans for compliance with concept plan review criteria. The recommendations of both the Director of Planning and Development and the Planning Commission shall be transmitted to the Board of Commissioners.

5-60.5 Required Exhibits. The following exhibits shall be prepared by design professionals, such as planners, engineers, architects or landscape architects and submitted to the Department of Planning and Development. No application for an R-ZT district shall be accepted for processing without these required exhibits.

A location map indicating existing zoning on the site and the adjacent areas.

A concept plan drawn no smaller than one inch equals 100 feet, including the following information:

Lot lines and setbacks;

Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features;

Topography with contour intervals no greater than 20 feet;

Lakes, ponds and floodplains and the sources of floodplain data;

Stormwater detention areas;

Existing and proposed landscaping;

Recreation facilities (if applicable);

Stages of development, if any;

Location of off-street parking.

Floor plans and elevations of all typical units and any other structures such as recreation buildings.

Information indicating the following:

Gross and net acreage (see definition of net density);

Lot sizes (dimensions and square footage);

Building heights and stories;

Building coverage for each lot;

Amount of common open space in square feet (if applicable);

All tree areas to be retained or added;

Parking facilities;

Such other architectural and engineering data as may be required to evaluate the project.

Section 5-70. R-ZT Single Family Residence District.

(After January 2005)

This district is intended for single-family detached residences and accessory uses of a medium density on land served by a sanitary sewerage system.

5-70.1 Within the R-ZT Single Family Residence District, the following uses are permitted:

Single-family detached dwellings.

Customary Home Occupations (provided the building lot is a minimum of 60 feet in width and 7,200 square feet in area).

5-70.2 Within the R-ZT Single Family Residence District, the following requirements shall be met:

Maximum density shall not exceed 6 units per acre.

Minimum lot area shall be 4,000 square feet.

Minimum lot width - 40-feet.

Minimum front yard depth shall be 20 feet.

Minimum side yard - 5 foot side yard on each side.

Minimum rear yard depth - When abutting an R-75 or less intense district, the rear yard shall be equal to the required buffer plus an additional 5 feet. However, the rear yard setback shall not be less than 25 feet.

Provide a minimum 40-foot landscaped building setback adjacent to exterior streets. The landscaped setback may incorporate natural vegetation and may be reduced to 30 feet if a berm and landscaping, fence or wall is provided adjacent to the exterior street(s).

Maximum allowable paved parking in the front yard (excluding walkways and required sidewalk) is 45 percent.

5-70.3 Concept Plan Review. The purpose of the concept plan review is to encourage logic, imagination, innovation, and variety in the design process and ensure the soundness of the proposed development and its compatibility with the surrounding area. The Director of Planning and Development shall review plans for compliance with concept plan review criteria. The recommendations of both the Director of Planning and Development and the Planning Commission shall be transmitted to the Board of Commissioners. Through the rezoning process, the Board of Commissioners may condition approval of an R-ZT request to a specific concept plan, or require a future site plan review by the Planning Commission.

5-70.4 Required Exhibits. The following exhibits shall be prepared by design professionals, such as planners, engineers, architects or landscape architects, and submitted to the Department of Planning and Development. No application for an R-ZT district shall be accepted for processing without these required exhibits.

A location map indicating existing zoning on the site and the adjacent areas.

A concept plan drawn no smaller than one inch equals 100 feet, including the following information:

Lot lines and setbacks;

Topography with contour intervals no greater than 20 feet;

Lakes, ponds and floodplains and the sources of floodplain data;

Stormwater detention areas;

Recreation facilities (if applicable);

Location of typical off-street parking.

Elevations of all typical units and any other structures such as recreation buildings.

Information indicating the following:

Gross and net acreage (see definition of net density);

Lot sizes (typical dimensions and square footage);

Amount of common open space in square feet (if applicable);

Such other architectural and engineering data as may be required to evaluate the project.

Section 5-80. R-TH Single Family Residence Townhouse District.

(Prior to January 2005).

This zoning district is intended primarily for rowhouse or townhouse attached or detached single-family dwelling units. Such dwelling units may be held in the condominium form of ownership, or in fee simple. It is not the intention of Gwinnett County or of this ordinance to determine or dictate which form of ownership is most desirable.

5-80.1

All dedicated street rights-of-way shall be a minimum of 50 feet.

Front and rear yard setbacks shall total a minimum of 75 feet with a minimum of 20 feet for a yard which faces on an interior street. If the subject property abuts property zoned R-60, R-75, R-100, or property developed as same, the rear yard setback shall be 40 feet at the point of abutment.

Side yards shall be a minimum of 20 feet to any exterior property line. Side yards between individual units, groups of units or rows of units shall be determined based upon individual site plan review.

Densities shall not exceed 8 units per gross acre.

A minimum of two off-street parking spaces per unit shall be provided.

The specific requirements set forth above are not necessarily exhaustive of all requirements or conditions which the Board of Commissioners may require prior to approval of any rezoning application under this district. This enactment specifically reserves, in the favor of the Board of Commissioners, the discretion to deny any individual rezoning application submitted hereunder, if after review of the site plan and other materials submitted therewith and a careful consideration of all of the facts and circumstances relating to the proposed development, the Board of Commissioners deems the proposed development not to be in the best interest of the health, safety and welfare of the present and future citizens of Gwinnett County.

All roads, both interior and exterior, including roads dedicated and not dedicated to the County, must meet the minimum County standards as established by the County Engineer.

Section 5-90. MHS Manufactured Housing Subdivision District.

This zoning district is intended primarily for the placement of manufactured homes on residential lots for one-family residences and related uses.

5-90.1 Within the MHS Manufactured Subdivision District, the following uses are permitted:

One family dwellings including mobile homes provided the following conditions are met:

Subdivision. The subdivision shall be designed to only allow lot frontage on minor interior streets and shall meet the requirements of a single family subdivision as specified in the Unified Development Ordinance. All other County regulations regarding the construction of a subdivision shall be followed.

Size. The subdivision development shall have a minimum area of at least 20 contiguous acres.

Minimum area, yard and height requirements. Each lot shall meet the minimum requirements of the R-100 Single Family Residence District.

Enclosure of space beneath the home. The space underneath each manufactured home shall be fully enclosed to protect this space from the elements and to create an aesthetic appearance for each unit. Materials used for this purpose shall be rigidly mounted and shall be acceptable for exterior use.

Tiedowns. Acceptable provisions for tiedowns for each home shall be made in accordance with State Guidelines.

Foundations. All piers shall be placed on footings of solid concrete not less than the following:

Single-wide - 20 inches by 20 inches by 8 inches.

Double-wide - 24 inches by 24 inches by 8 inches.

(Industrialized homes or site-built homes shall meet foundation requirements of the Standard Building Code adopted by Gwinnett County.

All other placement or construction criteria shall meet the building codes adopted by Gwinnett County.

Protective Covenants. All manufactured home subdivisions shall have protective covenants as provided for and approved within the Unified Development Ordinance and the requirements of this section.

Completion of site preparation. The developer shall be responsible for final site preparation with the exception of those items included in the approved covenants of the subdivision as the homeowners' responsibility.

Items which shall be required of the developer include, but are not limited to, the following:

Paving of driveways and parking from the curb line of streets to the actual home location site behind the setback line.

ii.

Lawns shall be landscaped and seeded by the developer within a reasonable period of time (not to exceed 60 days) after the installation of the manufactured home taking into consideration weather changes and conditions.

iii.

All trees shall remain on lots except as their removal is required for installation of driveways and the location of the home on each lot with a reasonable yard area.

iv.

Only multi-sectional (double-wide) manufactured homes, industrialized homes or on site-built homes shall be allowed on any exterior lot of the subdivision, except where adjoining the MHS or MH zoning district.

Items which shall be required of the developer or lot owner include, but are not limited to, the following:

A home location plan shall be submitted for approval by the Department of Planning and Development for each lot showing the exact location of the home, driveways, etc. in relation to the lot lines prior to the issuance of a permit for the installation of a home.

ii.

Installation of the manufactured home, including tiedowns, skirting or similar enclosure, connection of utilities and other requirements concerning the installation of a home set-forth in this section and specified in the manufacturer's installation instructions.

iii.

Entrances and service walkways.

iv.

Exterior steps and porches.

The above listed items shall be set-forth within the Protective Covenants approved and recorded with the Final Plat of the subdivision which has been developed.

Certificate of Occupancy. A Certificate of Occupancy shall be issued prior to the occupancy of any home allowed within this section. No Certificate of Occupancy shall be issued for any home until the required improvements of Section 5-90.1.A.8 above, have been completed.

10.

Eligibility. Only the following types of housing may be placed within an approved manufactured home subdivision:

New manufactured homes (mobile homes) certified to comply with the Federal Manufactured Home Construction and Safety Standards.

Industrialized homes and new site-built homes provided the home meets the minimum floor area requirements of the R-100 District.

11.

Buffers. A minimum of a 25 foot buffer shall be required adjacent to exterior property lines of the development to protect the subdivision from adverse visual, noise or other impact caused by surrounding land usages and to provide a buffer to any residential property immediately adjoining the site.

Customary accessory buildings and uses.

Customary home occupations.

Existing cemeteries.

Public buildings and land uses.

Electric substations or gas regulator stations, if essential for service to this zoning district, provided:

The structures are placed not less than 50 feet from any property line.

The structures are enclosed by a woven wire fence at least 8 feet high.

The lot is suitably landscaped, including a buffer strip at least 10 feet wide along the side and rear property lines, but not extending into the required front yard, planted with evergreen trees and shrubs that grow at least 8 feet tall and provide an effective visual screen.

No vehicles or equipment are stored on the premises.

5-90.2 Within the MHS Manufactured Home Subdivision District, the following uses may be permitted as a Special Use provided the applicant for such use is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and Planning Commission and after a public hearing.

A beauty parlor or barber shop in a one-family residence.

Group day care homes.

Duplex and multi-family residence districts.

The following districts (Sections 5-95, 5-100, 5-110, 5-120 and 5-130) are intended for duplex and multi-family dwellings. These zoning districts are to be located where public water supply and sewerage facilities are available or can be obtained and where there is convenient access to collector streets, major thoroughfares or state or interstate highways. The purpose of the following zoning districts is to promote better utilization of land and freedom of architectural and engineering design without maximizing density. On any tract of land zoned for RMD, RM-6, RM-8, RM-10, or RM the entire tract must be developed as the same type of use. No combinations of allowed uses are permitted on any one tract of land. Townhomes are not permitted in these districts.

Section 5-95. RM Multi-Family Residence District.

This zoning district is intended primarily for two-family and multi-family dwellings.

(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14)

5-95.1 Within the RM Multi-Family Residence District (maximum density 13 units per acre), the following uses are permitted:

All uses permitted within the RM-10 Multi-Family Residence District, including special uses.

Boarding and rooming houses.

Fraternal organizations and clubs not operated for profit.

Retirement communities, which may include a nursing home, cafeteria and care facilities and accessory uses.

Residential and community shelters subject to the provisions of Rules for Shelters in Gwinnett County. If previously developed as a single-family residence detached development, a Special Use Permit shall be required.

(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14)

5-95.2 Within the RM Multi-Family Residence District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and the Planning Commission after a public hearing:

Day Care Facilities

(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14)

Section 5-100 RMD Multi-Family Residence District (Duplexes).

This zoning district is intended primarily for duplexes provided only one duplex is constructed on each lot of record.

5-100.1 Within the RMD Multi-Family Residence District (Duplexes), the following uses are permitted:

All uses permitted in the R-75 Single Family Residence District, including special uses, except single family dwellings, group day care homes, personal care homes, group homes, and the raising and keeping of livestock, and pot-bellied pigs.

Duplexes.

Section 5-110 RM-6 Multi-Family Residence District (Maximum Density 6 Units Per Acre).

This zoning district is intended primarily for multi-family dwellings with a maximum density of 6 units per acre.

5-110.1 Within the RM-6 Multi-Family Residence District (maximum density 6 units per acre) the following uses are permitted:

All uses permitted in the RMD Multi-Family Residence District (Duplexes).

Multi-family dwellings.

A quadraplex apartment development on individual subdivision lots (4 units per lot) provided the following conditions are met:

Served by a waste water treatment facility.

The minimum side yard setback shall be 15 feet on each side; all other setbacks shall apply as required in the Minimum Yard and Height Requirements Table.

5-110.2 Within the RM-6 Multi-Family Residence District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and Planning Commission and after a public hearing:

Residential or Community Shelters, subject to the provisions of Rules for Shelters in Gwinnett County.

Section 5-120. RM-8 Multi-Family Residence District (Maximum Density 8 Units Per Acre).

This zoning district is intended primarily for two-family and multi-family dwellings.

5-120.1

All uses permitted in the RM-6 Multi-Family Residence District, including special uses.

Section 5-130. RM-10 Multi-Family Residence District (Maximum Density 10 Units Per Acre).

This zoning district is intended primarily for two-family and multi-family dwellings.

5-130.1 Within the RM-10 Multi-Family Residence District (maximum density 10 units per acre), the following uses are permitted:

All uses permitted within the RM-8 Multi-Family Residence District, including special uses.

Section 5-140. HS Hospital Service District.

The purpose of the HS Hospital Service District is to provide a location for a hospital and related facilities that serve the hospital or benefit from a location in close proximity to it.

5-140.1 Within the HS Hospital Service District the following uses are permitted.

All uses permitted in an R-100 Single Family Residence District, including Special Uses, except Single-Family Dwellings.

Hospitals, medical clinics, and doctor's offices.

Nursing homes.

Dormitories for staff.

Beauty parlors and barber shops.

Drug stores.

Florist shops.

Hotels and Motels provided the minimum standards are met as specified in the C-2 zoning district.

Restaurants.

Other similar hospital-related uses.

Family personal care homes.

5-140.2 Within the HS Hospital Service District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and Planning Commission after a public hearing:

Group Homes.

Group or congregate personal care homes.

Residential and community shelters.

Section 5-150. NS Neighborhood Shopping District.

The NS Neighborhood Shopping District provides a location for convenience goods and services with limited hours of operation for people in nearby residential neighborhoods. Hours of commercial operation in this district shall be limited to between 7:00 a.m. and 9:00 p.m. All sales shall be indoors.

5-150.1 Within the NS Neighborhood Shopping District, the following uses are permitted provided that they do not exceed 3,000 square feet of retail selling space per individual store or 30,000 square feet in a planned center:

Professional offices.

Drug stores and pharmacies.

Flower and gift shops.

Food stores.

Beauty parlors and barber shops.

Other similar retail businesses selling convenience goods and services which serve the local neighborhood, but not including drive-in or drive-through service windows; fuel pumps; or coin or token-operated services.

5-150.2 Within the NS Neighborhood Shopping District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and Planning Commission and after a public hearing:

Restaurants.

Section 5-160. OBP Office-Business Park District.

This district is established to provide a location or offices, institutions, limited related business and service activities and limited industrial operations and processes in buildings of high character in attractive surroundings.

5-160.1 Within the OBP Office-Business Park Zoning District, a building or land may be used for the following purposes:

Professional and Business Offices.

Public Offices.

Cultural Facilities.

Clinics, Cafeterias and Employee credit unions for Employees Only.

Education and Training Facilities.

Electronic Equipment Manufacturing and Assembly Plants that are not objectionable by reason of the emission of noise, vibration, smoke, dust, gas, fumes, odors or radiation and that do not create fire or explosion hazards and that do not require any outdoor storage.

Printing, Publishing and Reproducing establishments that do not require any outdoor storage.

Research, Testing and Laboratory Facilities including the Production of Prototype Products provided they are not objectionable by reason of emission of noise, vibration, smoke, dust, gas, fumes, odors or radiation and that do not create fire or explosion hazards and that do not require any outdoor storage.

Wholesaling and Warehousing with Offices, provided that they do not require any outdoor storage, and provided that at least 40 percent of the use be office space.

Similar Industries and Uses that meet the standards of Title 2 of this Unified Development Ordinance.

Accessory Uses Such as Retail Business and Service Establishments. In addition to the limitations on "accessory use" imposed under Title 1, Definitions, such permitted accessory uses specifically exclude retail business and service establishments that could be construed as principal uses and include only those uses that are primarily intended for and used by patrons or occupants of the principal use to which said establishment is accessory.

Accessory Parking Garages and Parking Lots.

5-160.2 Within the OBP Office-Business Park District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the Board of Commissioners after receiving recommendations from the Director of Planning and Development and the Planning Commission and after a public hearing.

Day Care Facilities.

Wholesaling and Warehousing with less than 40 percent of the floor area in offices, provided that no outdoor storage is required.

Hotels and Motels provided the minimum standards are met as specified in the C-2 zoning district.

Financial Services/Institutions.

Restaurants, provided the following minimum standards are met:

The proposed site shall be located within a recorded concept plan or subdivision plat for a business or office park which:

Has an overall area of not less than 50 acres.

Has existing principal use structures already developed within the office/business park.

Has controls in place through protective covenants which will ensure building appearance and landscaping compatible with the remainder of the business or office park and which will ensure compliance with the requirements of this section.

No more than 10 percent of the acreage within the recorded concept plan or subdivision plat for the business or office park may be occupied by uses requiring a Special Use Permit.

The proposed restaurant:

Shall have a minimum of 2,000 square feet of seating area excluding kitchen facilities.

Shall have sit-down waiter or waitress service.

Shall not have drive-thru or pick-up windows.

Shall not be adjacent to or across a public street from residentially zoned property.

Restaurant appearance shall blend with campus-type office/warehouse development. Application must include landscape plan, building elevations, and signage plans.

5-160.3 All OBP Amendments to be Conditional Zoning Amendments. All OBP Office-Business Park District Amendments to the Official Zoning Map shall be conditional amendments. In addition to any other conditions that may be imposed by the Board of Commissioners pursuant to the provision for conditional zoning in this Unified Development Ordinance, a concept plan showing the approximate location of all buildings, walls, fences, property lines, landscaping, parking areas, land uses and any other features deemed appropriate by the Board of Commissioners as a result of the above concept plan review and public hearing shall be included as part of the amendment, and the use of the property for its zoned purposes shall be conditioned to said concept plan.

5-160.4 Concept Plan Review. The purpose of the site plan review is to encourage logic, imagination, innovation, and variety in the design process and ensure the soundness of the proposed development and its compatibility with the surrounding area. The Director of Planning and Development shall review plans for compliance with the zoning regulations and for compliance with concept plan review criteria. The recommendations of both the Director of Planning and Development and the Planning Commission shall be transmitted to the Board of Commissioners.

5-160.5 Concept Plan.

The concept plan shall be prepared by design professionals such as planners, engineers, architects or landscape architects and shall be drawn in accordance with the following basic criteria:

Scale: Generally, 1)inch equals 100 feet;

Sheet Size: Generally 24 inches by 36 inches with appropriate match lines provided if more than one sheet is necessary;

Vicinity Map: Drawn at a scale of not less than 1 inch equals 2,000 feet and showing adjoining roads, subdivisions and other landmarks;

Existing Topography: Shown with a maximum contour interval of 20 feet;

Boundary Survey: Shown and described by metes and bounds;

Adjacent Properties: Names of adjacent property owners to be indicated on plan;

Title Block: Indicating the name of the development, the owner, the developer, and the person or firm preparing the plan.

The Concept Plan shall include the following information:

A proposed land use plan for the site and including the acreage to be devoted to each land use category;

The proposed location of streets, bikeways, pedestrian ways, parking area, drainage and stormwater detention facilities, utilities, public facilities, parks, recreation areas, tree areas to be retained or added and other open spaces, and including notations as to existing or proposed dimensions, capacities and/or volumes;

Representative architectural sketches or renderings of typical proposed structures, signs, landscaping, screening and/or fencing;

Statistical or technical data as necessary to accurately describe the proposed development including, but not limited to, the following:

Total land area;

Amount of land to be used for public or semi-public uses;

Amount of land to be used for recreational or open space purposes;

Amount of land to be occupied by streets and parking areas;

Amount of any submerged land within the project boundary;

The total ground coverage and floor area of all buildings;

A breakdown of the number and kinds of proposed buildings, including square footage, and the number and range of lot sizes and proposed setback and yard dimensions for typical lots and/or building types.

As an attachment, a report setting forth the proposed development schedule, indicating the sequence of development of the various sections thereof, and the approximate time period required for completion of each phase;

As an attachment, an outline of the proposed methods for controlling and maintaining any common open space or community facilities;

Such other submissions/plans as may be required to evaluate the project.

Section 5-170. Mixed-Use Overlay (MUO) District.

5-170.1 Purpose. The purpose of the Mixed-Use Overlay District is to promote new mixed-use development, or the redevelopment of existing properties in a manner that integrates commercial and/or office with residential land uses, promotes pedestrian accessibility among uses, reduces automobile trips, provides a livable environment for project residents, and enhances the value and aesthetics of the surrounding community. MUOs utilize connective streetscapes to promote an environment conducive to human activity through the provision of landscaping, street/shade trees, street furniture and sidewalks to unify and interconnect varying uses.

5-170.2 Applicability.

The Mixed-Use Overlay District may only be implemented within specific geographic areas or developed corridors within unincorporated Gwinnett County as designated by the Board of Commissioners.

The MUO District shall be restricted to the redevelopment of existing office, institutional, residential, commercial and/or industrial sites; or to undeveloped or partially developed properties as deemed desirable by the Board of Commissioners. Mixed-use Overlay sites should be located on major thoroughfares where infrastructure is available to support such a use.

Existing conditions of zoning which apply to MUO properties shall remain in effect. Where such conditions conflict with any requirement of this Section, the more restrictive requirement shall take precedence. Notwithstanding the above, the Board of Commissioners may modify or dissolve pre-existing conditions of zoning upon official designation of the Overlay District.

5-170.3 Concept Plan (CPL) Required. All MUO projects shall be governed by an approved Concept Plan. The Concept Plan shall be submitted, reviewed and approved in accordance with applicable Title 2 and Title 3 Unified Development Ordinance requirements. Upon approval of the Concept Plan, individual pods of the project may be undertaken through the Development Permit and Subdivision Platting process contained in Title 3 of this Unified Development Ordinance. MUO projects may be constructed as a single phase, or may be constructed in multiple phases, in accordance with the approved Concept Plan. Notwithstanding the forgoing, the Board of Commissioners may require the Concept Plan to be submitted to the Board of Commissioners for review and approval. Such requirement for the Board of Commissioners review shall be established at the time the Overlay District is designated.

5-170.4 Density, Building Height, and Minimum Project Size.

Residential density shall be based upon gross project acreage, and may be developed up to a maximum of 32 units per acre. Maximum building height shall be governed by the underlying zoning district. The Board of Commissioners may reduce maximum project density and/or establish increased building heights on a case-by-case basis at the time an Overlay District is established.

MUO projects shall contain a minimum of 10 contiguous acres of land area; except that expansion of an existing or approved MUO project may contain less land area. Residential uses may occupy no more than 70 percent of the gross site acreage (exclusive of required common area).

5-170.5 Development Requirements.

Single-Family Detached on Individual Lots: Minimum lot area: No minimum, except that each building envelope shall contain at least 1,000 square feet outside the 100-year floodplain elevation.

Minimum lot width: The minimum lot width of all building lots shall be at least 40 feet.

Minimum Road Frontage per lot: 40 feet. Exception: Road frontage may be reduced to 20 feet for lots with frontage upon cul-de-sac turnarounds or "eyebrow" cul-de-sacs.

Minimum front yard (from streets interior to the development): 5 feet.

Minimum side yard:

5 feet per side (single-family detached); or

10 ft. one side/0 ft. opposite side (zero lot-line).

Note: (zero lot-line will require 8-foot access/maintenance easement on the adjoining lot.)

Minimum rear yard: 5 feet.

Where adjacent to a required buffer, the minimum required side or rear yard setback(s) shall increase an additional 5-feet for every 10-foot incremental increase in building height above 35-feet.

Sodded yards: All grassed areas shall be sodded.

Minimum Garage Required: Two-car garage.

The required garage and off-street parking must be located to the rear of at least 50 percent of all dwelling units. Where garages are front entry, the garage façade shall be recessed a minimum of 4 additional feet from the building line.

10.

All new or relocated utilities shall be placed underground.

Single-Family Attached on Individual Lots:

Minimum lot area: None.

Minimum lot width: 18 feet.

Minimum Road Frontage per lot: 0 feet.

Minimum front yard (from streets interior to the development): 0 feet.

Minimum side yard: 5 feet on non-attached side.

Minimum rear yard: 5 feet.

Where adjacent to a required buffer, the minimum required side or rear yard setback(s) shall increase an additional 5-feet for every 10-foot incremental increase in building height above 35-feet.

Sodded yards: All grassed areas shall be sodded.

Minimum garage required: One-car garage.

10.

The required garage and off-street parking must be located to the rear of at least 50 percent of all dwelling units.

11.

Firewalls: A minimum of a two-hour rated firewall shall be required between each attached dwelling unit. A four-hour rated firewall shall be required between every fourth attached dwelling unit. Firewalls shall be constructed in accordance with applicable building codes of Gwinnett County.

12.

All new or relocated utilities shall be placed underground.

Residential/Business Dwellings:

Minimum lot area: None.

Minimum unit width: 18 feet.

Minimum Road Frontage per lot: 0 feet.

Minimum front yard (from streets interior to the development): 0 feet.

Minimum side yard: 0 feet on non-attached side.

Minimum rear yard: 0 feet.

Where adjacent to a required buffer, the minimum required side or rear yard setback(s) shall increase an additional 5-feet for every 10-foot incremental increase in building height above 35-feet.

Sodded yards: All grassed areas shall be sodded.

Minimum garage required: One-car garage.

10.

The required garage and off-street parking must be located to the rear of at least 50 percent of all dwelling units.

11.

The businesses shall have direct entry from the street frontage sidewalk.

12.

All new or relocated utilities shall be placed underground.

13.

Dumpsters must be screened on all sides by a minimum six-foot high brick or masonry wall with access via an opaque metal gate.

Multifamily Residences:

Minimum lot area: None.

Minimum lot width: None.

Minimum Road Frontage: 40 feet.

Minimum front yard: 0 feet.

Maximum front yard: 15 feet, except when common area is provided between the street and building.

Minimum side yard: 0 feet.

Minimum rear yard: 0 feet.

Where adjacent to a required buffer, the minimum required side or rear yard setback(s) shall increase an additional 5-feet for every 10-foot incremental increase in building height above 35-feet.

Minimum building height: 2 floors/stories.

10.

Sodded yards: All grassed areas shall be sodded.

11.

Parking shall be provided in designated lots/decks subject to review and approval of the Director of Planning and Development.

12.

All new or relocated utilities shall be placed underground.

13.

Dumpsters must be screened on all sides by a minimum 6-foot high brick or masonry wall with access via an opaque metal gate.

Commercial/Office/Residences:

Minimum lot area: None.

Minimum lot width: None.

Minimum Road Frontage: 40 feet.

Minimum front yard: 0 feet.

Maximum front yard: 15 feet except when common area is provided between the street and building.

Minimum side yard: 0 feet.

Minimum rear yard: 0 feet.

Where adjacent to a required buffer, the minimum required side or rear yard setback(s) shall increase an additional 5-feet for every 10-foot incremental increase in building height above 35-feet.

Sodded yards: All grassed areas shall be sodded.

10.

Dwellings may be constructed on floors/stories above first floor non-residential uses.

11.

All new or relocated utilities shall be placed underground.

12.

Dumpsters must be screened on all sides by a minimum 6-foot high brick or masonry wall with access via an opaque metal gate.

5-170.6 Common Area.

Common area shall be provided according to the following standards:

At least twenty percent (20 percent) of the gross project acreage (excluding 100-year floodplain and wetland areas) shall be designated on a recorded plat as permanent common area for the use of the residents and visitors to the development.

Landscaped strips along internal or external streets may be credited toward common area calculations, if the landscaped strip is constructed at a continuous width of 25-feet or greater.

Wetland and floodplain areas shall be preserved in their natural state except for the installation of required detention facilities and stormwater BMP's.

Stormwater facilities may be located within common area, if designed and improved as an amenity, subject to review and approval of the Director of Planning and Development.

Common areas shall be distributed throughout the project to provide linkages, amenities and visual appeal for the development. Final common area design shall include provision of at least one centrally located public gathering area (with related amenities and improvements) in the form of a town green, amphitheater, landscaped plaza, or similar approved element.

Common Area Ownership. Common areas, stormwater facilities, floodplain and wetland areas shall be owned in fee-simple by a mandatory property owner's association or approved entity which administers a reciprocal access and maintenance agreement for the project; or other entity approved in advance by the Board of Commissioners during the normal course of business. The developer shall record the deed to the common area prior to, or concurrent with, the recording of the first final subdivision plat or certificate of occupancy. An access easement following the alignment of future public streets is acceptable. However, "pocket parks" or "greens" may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part.

Property Owner's Association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:

Responsibility for maintenance of common areas.

Responsibility for insurance and taxes.

Automatic compulsory membership of all property owners and subsequent lot purchasers and their successors; and compulsory assessments.

Conditions and timing of transferring control of the association from the developer to the property owners.

Guarantee that the association will not be dissolved without the advance approval of the Board of Commissioners.

Restrict the time of deliveries to commercial businesses and dumpster pick-up to between 7:00 a.m. and 9:00 p.m.

Maintenance. The property owner's association, or other entity approved in advance by the Board of Commissioners, shall be responsible for the continuous maintenance of buffers, common areas and recreation areas.

5-170.7 Buffer and Landscaping Requirements.

A naturally vegetated, undisturbed buffer, replanted where sparsely vegetated and supplemented by an eight-foot (8') high solid opaque wall or fence along the interior of the buffer, shall be provided adjacent to external residential properties. Where adjacent properties are zoned or developed for single-family residential uses a buffer of 75-feet in width shall be provided, and where adjacent properties are zoned or developed for fee-simple townhouse/condominium uses a buffer of 50-feet in width shall be provided. These minimum buffer widths may be adjusted by the Board of Commissioner at the time an Overlay District is established. Buffers shall not be required adjacent to adjoining property zoned for or developed as office, institutional, commercial, industrial or multifamily uses.

The development shall comply with the requirements of Chapter 610 of this Unified Development Ordinance with the following exceptions:

Buffers shall not be required between nonresidential uses and residential uses internal to the mixed-use development.

The 10 foot wide landscape strip shall only be required on external roadways, and planted with approved understory trees.

All required parking lot trees shall be native straight-trunked hardwood shade trees.

Mixed-Use Overlay projects shall provide, at a minimum, 20 Tree Density Units per acre for the entire development.

Street trees shall be required along both sides of all internal and external streets spaced every 50 feet on center.

Each tree shall be a minimum 4-inch caliper (dbh) at time of planting and shall be a native straight-trunked hardwood shade tree species or similar tree suitable to this region.

Above ground planters may not be used to fulfill tree planting or tree density requirements.

5-170.8 Parking. Parking for single-family detached or attached uses shall be on a per lot basis. Parking for both multifamily and non-residential uses may be provided through a combination of on-street parking and off-street parking in surface parking lots and above and/or below ground parking structures.

Parking spaces shall be as required by Chapter 240 of this Unified Development Ordinance.

Parking for non-residential or multifamily uses may be granted a 20 percent reduction in required parking when parking is shared between adjacent uses within the project. An additional 10 percent reduction may be administratively approved by the Director. Final parking design plans shall be subject to review and approval of the Development Division.

Up to 50 percent of multifamily and non-residential parking may be provided by on-street parking spaces internal to the development. Designated on-street parking spaces shall not be allowed on external streets.

Parking structures must be designed so that the only openings at street level are those to accommodate vehicle entrances and pedestrian access to the structure, as follows:

Any openings for ventilation, service or emergency access located on the first floor level in the building façade must be decorative and must be an integral part of the overall building design.

The balance of the street frontage of a parking structure must be either occupied retail/office space or designed to screen the parking areas utilizing decorative elements such as grill-work, brick, louvers, or a vegetative screen.

Deck floors located above the first floor level of a parking structure must be screened from view from the street utilizing decorative elements such as grill-work, brick or louvers (minimum 42 inches in height). In no instance will cabling alone be sufficient to meet this screening requirement.

Off-street parking areas shall be screened from adjacent roadways and sidewalks by an opaque decorative fence or wall, berm or vegetative screen at least 30-inches in height. Fence or wall shall be of similar design and materials to the surrounding buildings. Screening shall be installed between the parking area and the sidewalks. Perpendicular driveway crossings and pedestrian paths are allowed through the screening.

5-170.9 Signage. A Unified Signage Plan, submitted for approval by the Director, shall govern all signage within the development. Signs and the amount of signage shall be subject to the requirements of the Sign Ordinance with the following exceptions:

Oversized signs shall be prohibited.

Ground signs shall be limited to monument-type signs. Base and sign structure shall be constructed of materials such as brick, stone, stucco, wood or metal consistent with the architecture and exterior treatment of the building.

Blinking, exposed neon, portable, inflatable and temporary signage shall be prohibited.

Internally illuminated wall signs may not be located within 150-feet of adjacent property developed for single-family residential uses.

5-170.10 Street/Pedestrian Lighting and Street Furniture.

Streetlights utilizing decorative fixtures and poles shall be provided along all internal streets and along all public rights-of-way. Streetlights shall be staggered, 150 feet on center, along both sides of the street. Pedestrian scale lighting shall be provided every 50 feet along both sides of the street. The lamps of streetlights shall be directed down and capped. Pedestrian lighting shall utilize fixtures designed to accommodate a shielding plate.

Decorative, commercial-quality bike racks, benches, and trash receptacles shall be provided throughout the development in accordance with the approved pedestrian access plan.

5-170.11 Architectural Design. Architectural design of all buildings shall comply with the following:

For single-family detached residences: front facades shall have architectural treatments of brick, stone, stucco or wood shake. The balance of each elevation may be wood, wood shake or fiber-cement siding.

For attached townhouses and residential/business dwellings: front facades shall have architectural treatments of brick, stone or stucco. The balance of each elevation may be wood, wood shake or fiber-cement siding.

For multifamily residential buildings: architectural treatments of each building elevation shall be a minimum 50 percent brick, stone or stucco. The balance of each elevation may be wood, wood shake, or fiber-cement siding.

For non-residential and mixed use buildings: architectural treatments shall be of glass and/or brick, stone or stucco. Tilt-up or pre-cast concrete, wood, wood shake, fiber-cement siding or architectural metal may be used subject to review and approval of the Director of Planning and Development.

Additionally:

In order to encourage and complement street level pedestrian activity, the street level façade of non-residential buildings facing public or private streets shall incorporate varying edifice details such as trellises, windows or recessed panels suggestive of windows, door or colonnade openings, or storefronts every 20 to 30 linear feet.

Contrasting accent colors of any wall, awning or other feature (other than a neutral color) shall be limited to no more than 15 percent of the total area for any single facade.

Metal or portable buildings shall be prohibited.

Buildings shall incorporate live plant material growing immediately in front of or on the building.

Non-residential buildings of less than 5,000 square feet of gross floor area shall be designed with pitched roofs, minimum pitch of 4:12. Portions of the roof structure may be flat to accommodate vents, mechanical systems or similar appurtenances, if the adequately screened subject to review and approval of the Director.

Roofing materials for pitched or mansard roofs shall be limited to the following:

Metal standing seam of red, green or silver in color.

Tile, slate or stone.

Wood shake.

Architectural shingles with a slate, tile or metal appearance.

Parapets of flat roofed buildings shall be articulated to provide visual diversity. Parapets shall include articulations or architectural features at least every 100 linear feet. The minimum height of articulations or features shall be one foot, and may be provided in height offset or facade projections such as porticoes or towers. The rear of parapet articulations visible from street level view (within 300 feet) shall be finished to match the exterior architectural treatment.

Design of flat-roofed buildings shall include minimum one-foot deep cornices, extending along the entire front of the building and the sides of the building for a depth of at least ten feet.

Building design shall include a minimum one-foot high contrasting base, extending along the entire front of buildings and the sides of buildings for a depth of at least ten feet.

10.

All mechanical, HVAC and like systems shall be screened from street level view (within 300 feet) on all sides by an opaque wall or fence of brick, stucco, split-faced block or wood.

11.

Accessories provided such as railings, benches, trash receptacles and/or bicycle racks shall be of commercial quality, and complement the building design and style.

Building plans shall be subject to review and approval of the Director of Planning and Development, or his/her designee, prior to the issuance of a Building Permit. Designs which are inconsistent with these performance guidelines may be denied. Alternate designs which have been denied by the Director may be submitted for review and approval of the Board of Commissioners.

Section 5-180. Mixed-Use Development (MUD) District.

5-180.1 Purpose. The purpose of the Mixed-Use Development District is to promote the development of properties in a manner that integrates commercial and/or office with residential land uses, promotes pedestrian accessibility among uses, reduces automobile trips, provides a livable environment for project residents, and enhances the value and aesthetics of the surrounding community. MUD's utilize connective streetscapes to promote an environment conducive to human activity through the provision of landscaping, street/shade trees, street furniture and sidewalks to unify and interconnect varying uses.

5-180.2 Applicability.

A Mixed-Use Development may only be permitted within a Major Activity Center as designated in the Gwinnett County Comprehensive Plan, on tracts of land or assemblages of land located adjacent to or having immediate access to major thoroughfares where infrastructure is available to support the intensity of such a use.

Application for such a development is contingent upon being granted rezoning approval by the Board of Commissioners after receiving a recommendation from the Director of Planning and Development and pursuant to public hearings before the Planning Commission and the Board of Commissioners.

Applications for rezoning not located within a Major Activity Center shall not be accepted for processing by the Department of Planning and Development.

5-180.3 Rezoning Site Plan Requirements and Design Criteria.

All MUD projects shall be governed by an approved Concept Plan.

Plan. The Concept Plan shall be submitted, reviewed and approved in accordance with applicable Title 2 and Title 3 Unified Development Ordinance requirements. Upon approval of the Concept Plan, individual pods of the development project may be undertaken through the Development Permit and Subdivision Platting process contained in Title 3 of this Unified Development Ordinance. MUD projects may be constructed as a single phase, or may be constructed in multiple phases, in accordance with the approved Concept Plan.

Notwithstanding the forgoing, the Board of Commissioners may require the Concept Plan to be submitted to the Board of Commissioners for review and approval. Such requirements shall be established at the time of the rezoning.

5-180.4 Required Exhibits. As part of the application for rezoning, the following exhibits shall be prepared by design professionals, such as planners, engineers, architects or landscape architects and submitted to the Department of Planning and Development. No application for a Mixed-use Development shall be accepted for processing without these required exhibits.

A location map indicating the existing zoning on the site and the adjacent areas and the boundary of the Major Activity Center within which it is located.

A Concept plan drawn no smaller than one inch equals 100 feet showing the proposed mix of uses, pods and phases of development, and including the following information:

Lot lines and setbacks;

Location, shape, size and height of proposed buildings, common areas, plazas, and other amenities;

Lakes, ponds and floodplains and the source of floodplain data;

Stormwater detention areas;

Proposed landscaping;

Recreation facilities (if applicable);

Location of off-street parking.

A design palette governing, pedestrian amenities, and building architecture.

Architectural elevations of proposed buildings, indicating exterior treatments.

Information indicating the following:

Gross and net acreage, and density (see definition of density);

Lot sizes, if applicable (dimensions and square footage);

Building heights and stories;

Amount of common open space in square feet;

Tree areas to be retained and street trees and landscape features to be added;

Such other architectural and engineering data as may be required to evaluate the project.

5-180.5 Density, Building Height, and Minimum Project Size.

Residential density shall be based upon gross project acreage, and may be developed up to a maximum of 32 units per acre. Maximum building height shall be limited to a maximum of 25 stories, not to exceed 300 feet. The Board of Commissioners may reduce maximum project density and building height on a case-by-case basis at the time of rezoning. The Board of Commissioners shall establish maximum project density on a case-by-case basis at the time of rezoning. The Board of Commissioners may increase maximum building height on a case-by-case basis by Special Use Permit.

MUD projects shall contain a minimum of 5 contiguous acres of land area; except that expansion of an existing or approved MUD project may contain less land area. Residential uses may occupy no more than 70 percent of the gross site acreage (exclusive of required common area).

5-180.6 Permitted Uses and Structures. MUD projects shall incorporate residential uses with office and/or commercial uses and shared common area(s). Residential uses may include single-family detached, single-family attached, multifamily, and residential/business dwellings.

MUD requires the mixing of uses horizontally and/or vertically as specified below.

Single-Family Detached Pods (Individual Lots)

Single-Family Detached Dwellings, except Manufactured Homes.

Zero Lot Line Single-Family Detached Dwellings.

Single-Family Attached Pods.

Townhouses or villas.

Residential/Business Dwelling Pods

Residential/Business Dwellings. Business activities shall be limited to those allowed within the C-1 or O-I zoning district provided:

Only one business may be operated from the residence.

ii.

No more than 50 percent of the dwelling unit may be used for conducting the business.

Multifamily Residence Pods

Multifamily Dwellings, Lofts, Condominiums.

Commercial/Office/Residential Pods

All uses permitted in the O-I, Office-Institutional District.

All uses permitted in the C-1, Neighborhood Business District.

All uses permitted in the C-2, General Business District, including temporary uses. Recovered Materials Processing, Yard Trimmings Composting, and Adult Establishments are not permitted.

Mixed-Use Commercial/Office Buildings, which also include Multifamily Dwellings, Lofts or Condominiums.

Residential/Business Dwellings.

(Ord. No. UDOA2015-00005(GCID No. 2015-1087), 10-27-15)

5-180.7 Design Criteria.

Single-Family Detached on Individual Lots:

Minimum lot area: No minimum, except that each building envelope shall contain at least 1,000 square feet outside the 100-year floodplain elevation.

Minimum lot width: The minimum lot width of all building lots shall be at least 40 feet.

Minimum Road Frontage per lot: 40 feet. Exception: Road frontage may be reduced to 20 feet for lots with frontage upon cul-de-sac turnarounds or "eyebrow" cul-de-sacs.

Minimum front yard (from streets interior to the development): 5 feet.

Minimum side yard:

5 feet per side (single-family detached); or

10 feet one side/0 feet opposite side (zero lot-line).

Note:\(zero lot-line will require 8-foot access/ maintenance easement on the adjoining lot.)

Minimum rear yard: 5 feet.

Enhanced setbacks, office, or lower intensity uses shall be used as transitions to single-family neighborhoods or single-family zoning districts.

Sodded yards: All grassed areas shall be sodded.

Minimum Garage Required: Two-car garage.

10.

11.

All new or relocated utilities shall be placed underground.

Attached Townhomes or Villas:

Minimum lot area: None

Minimum lot width: None.

Minimum Road Frontage per lot: 0 feet.

Minimum front yard (from streets interior to the development): 0 feet.

Minimum side yard: None.

Minimum rear yard: None.

Enhanced setbacks, office, or lower intensity uses shall be used as transitions to single-family neighborhoods or single-family zoning districts.

Sodded yards: All grassed areas shall be sodded.

Minimum garage required:

Townhomes: One-car garage

Villas: Two-car garage

10.

The required garage and off-street parking for townhomes must be located to the rear of at least 50 percent of all dwelling units.

11.

12.

All new or relocated utilities shall be placed underground.

Residential/Business Dwellings:

Minimum lot area: None.

Minimum unit width: None.

Minimum Road Frontage per lot: 0 feet.

Minimum front yard (from streets interior to the development): 0 feet.

Minimum side yard: 0 feet.

Minimum rear yard: 0 feet.

Enhanced setbacks, office, or lower intensity uses shall be used as transitions to single-family neighborhoods or single-family zoning districts.

Sodded yards: All grassed areas shall be sodded.

Minimum garage required: One-car garage.

10.

The required garage and off-street parking must be located to the rear of at least 50 percent of all dwelling units.

11.

The businesses shall have direct entry from the street frontage sidewalk.

12.

All new or relocated utilities shall be placed underground.

13.

Dumpsters must be screened on all sides by a minimum 6-foot high brick or masonry wall with access via an opaque metal gate.

Multifamily Residences:

Minimum lot area: None.

Minimum lot width: None.

Minimum Road Frontage: 40 feet.

Minimum front yard: 0 feet.

Maximum front yard: 15 feet, except when common area is provided between the street and building.

Minimum side yard: 0 feet.

Minimum rear yard: 0 feet.

Enhanced setbacks, office, or lower intensity uses shall be used as transitions to single-family neighborhoods or single-family zoning districts.

Minimum building height: 2 floors/stories.

10.

Sodded yards: All grassed areas shall be sodded.

11.

Parking shall be provided in designated lots/decks subject to review and approval of the Director of Planning and Development.

12.

All new or relocated utilities shall be placed underground.

13.

Dumpsters must be screened on all sides by a minimum 6-foot high brick or masonry wall with access via an opaque metal gate.

Commercial/Office/Residences:

Minimum lot area: None.

Minimum lot width: None.

Minimum Road Frontage: 40 feet.

Minimum front yard: 0 feet.

Maximum front yard: 15 feet except when common area is provided between the street and building.

Minimum side yard: 0 feet.

Minimum rear yard: 0 feet.

Enhanced setbacks, office, or lower intensity uses shall be used as transitions to single-family neighborhoods or single-family zoning districts.

Sodded yards: All grassed areas shall be sodded.

10.

Dwellings may be constructed on floors/stories above first floor non-residential uses.

11.

All new or relocated utilities shall be placed underground.

12.

Dumpsters must be screened on all sides by a minimum 6-foot high brick or masonry wall with access via an opaque metal gate.

5-180.8 Common Area. Common area shall be provided according to the following standards:

At least 20 percent of the gross project acreage (excluding 100-year floodplain and wetland areas) shall be designated on a recorded plat as permanent common area for the use of the residents and visitors to the development.

Sidewalks and associated amenities may be credited toward common area calculations, if the sidewalk is constructed at a width of 8-feet or greater and the streetscape is enhanced with decorative, commercial quality street furniture, fountains, planters, public seating, amenities within the project that encourage pedestrian connectivity between uses such as plazas, arcades, greenways and/or similar improvements that are clearly intended as gathering spaces or that act as connectors to adjacent buildings or uses may be counted toward the twenty percent common area requirement (subject to review of streetscape design or other required submittals by the Department of Planning and Development).

Landscaped strips along internal or external streets may be credited toward common area calculations if the landscaped strip is constructed at a continuous width of 25 feet or greater.

Offsite sidewalks, greenways, bike trails, and similar improvements providing inter-parcel access along with associated landscape strips constructed as part of the Mixed-use development may be counted toward the twenty percent common area requirement subject to the filing of appropriate reciprocal access agreements between property owners.

Wetland and floodplain areas shall be preserved in their natural state except for the installation of required detention facilities and stormwater BMP's. However, these areas do not count toward the common area requirement.

Stormwater facilities may be located within common area, if designed and improved as an amenity, subject to review and approval of the Director of Planning and Development.

Common Area Ownership. Common areas, stormwater facilities, floodplain and wetland areas shall be owned in fee-simple by a mandatory property owner's association or approved entity which administers a reciprocal access and maintenance agreement for the project; or other entity approved in advance by the Board of Commissioners during their normal course of business. The developer shall record the deed to the common area prior to, or concurrent with, the recording of the first final subdivision plat or certificate of occupancy. An access easement following the alignment of future public streets is acceptable. However, "pocket parks" or "greens" may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part.

Property Owner's Association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:

Responsibility for maintenance of common areas.

Responsibility for insurance and taxes.

Automatic compulsory membership of all property owners and subsequent lot purchasers and their successors; and compulsory assessments.

Conditions and timing of transferring control of the association from the developer to the property owners.

Guarantee that the association will not be dissolved without the advance approval of the Board of Commissioners.

Restrict the time of deliveries to commercial businesses and dumpster pick-up to between 7:00 a.m. and 9:00 p.m.

5-180.9 Buffer and Landscaping Requirements.

A naturally vegetated, undisturbed buffer, replanted where sparsely vegetated and supplemented by an 8-foot high solid opaque wall or fence along the interior of the buffer, shall be provided adjacent to external residential properties. Where adjacent properties are zoned or developed for single-family residential uses a buffer of 75-feet in width shall be provided, and where adjacent properties are zoned or developed for fee-simple townhouse/condominium uses a buffer of 50-feet in width shall be provided. These minimum buffer widths may be adjusted by the Board of Commissioners at the time of rezoning. Buffers shall not be required adjacent to adjoining property zoned for or developed as office, institutional, commercial, industrial or multifamily uses.

The development shall comply with the requirements of Chapter 610 of this Unified Development Ordinance with the following exceptions:

Buffers shall not be required between nonresidential uses and residential uses internal to the mixed-use development.

The 10 foot wide landscape strip shall only be required on external roadways, and planted with approved understory trees.

All required parking lot trees shall be native straight-trunked hardwood shade trees.

Each phase or Pod within the Mixed-Use District shall provide, at a minimum, 20 Tree Density Units per acre for the entire development.

Street trees shall be required along both sides of all internal and external streets spaced every 50 feet on center. Each tree shall be a minimum 4-inch caliper (dbh) at time of planting and shall be a native straight-trunked hardwood shade tree species or similar tree suitable to this region.

Above ground planters may not be used to fulfill tree planting or tree density requirements.

5-180.10 Parking Structures.

Parking structures must be designed so that the only openings at street level are those to accommodate vehicle entrances and pedestrian access to the structure, as follows:

Any openings for ventilation, service or emergency access located on the first floor level in the building façade must be decorative and must be an integral part of the overall building design.

5-180.11 Signage. A Unified Signage Plan, submitted for the Director's approval, shall govern all signage within the development. Signs and the amount of signage shall be subject to the requirements of the Sign Ordinance with the following exceptions:

Oversized signs shall be prohibited.

Blinking, exposed neon, portable, inflatable and temporary signage shall be prohibited.

Internally illuminated wall signs may not be located within 150-feet of adjacent property developed for single-family residential uses.

5-180.12 Street/Pedestrian Lighting and Street Furniture.

Decorative, commercial-quality bike racks, benches, and trash receptacles shall be provided throughout the development in accordance with the approved pedestrian access plan.

5-180.13 Architectural Design. Architectural design of all buildings shall comply with the following:

For attached townhouses, villas and residential/business dwellings: front facades shall have architectural treatments of brick, stone or stucco. The balance of each elevation may be wood, wood shake or fiber-cement siding.

For non-residential and Mixed-use buildings: architectural treatments shall be of glass and/or brick, stone or stucco. Tilt-up or pre-cast concrete, wood, wood shake, fiber-cement siding or architectural metal may be used subject to review and approval of the Director of Planning and Development. Additionally:

Contrasting accent colors of any wall, awning or other feature (other than a neutral color) shall be limited to no more than 15 percent of the total area for any single facade.

Metal or portable buildings shall be prohibited.

Buildings shall incorporate live plant material growing immediately in front of or on the building.

Non-residential buildings of less than 5,000 square feet of gross floor area shall be designed with pitched roofs, minimum pitch of 4:12. Portions of the roof structure may be flat to accommodate vents, mechanical systems or similar appurtenances, if adequately screened, subject to review and approval of the Director.

Roofing materials for pitched or mansard roofs shall be limited to the following:

Metal standing seam of red, green or silver in color.

Tile, slate or stone.

Wood shake.

Architectural shingles with a slate, tile or metal appearance.

Design of flat-roofed buildings shall include minimum one-foot deep cornices, extending along the entire front of the building and the sides of the building for a depth of at least ten feet.

Building design shall include a minimum 1-foot high contrasting base, extending along the entire front of buildings and the sides of buildings for a depth of at least 10 feet.

10.

All mechanical, HVAC and like systems shall be screened from street level view (within 300 feet) on all sides by an opaque wall or fence of brick, stucco, split-faced block or wood.

11.

Accessories provided such as railings, benches, trash receptacles and/or bicycle racks shall be of commercial quality, and complement the building design and style.

Building plans shall be subject to review and approval of the Director of Planning and Development, or his/her designee, prior to the issuance of a Building Permit. Designs which are inconsistent with these performance guidelines may be denied. Alternate designs which have been denied by the Director, may be submitted for review and approval of the Board of Commissioners.

Section 5-190. Big Haynes Creek Conservation Subdivision Option.

Development proposals for the Big Haynes Creek Conservation Subdivision Option will no longer be accepted. The following regulations listed below are retained for instruction with regard to existing Conservation Subdivisions.

5-190.1 Purpose. The purpose of the Big Hayes Creek Conservation Subdivision Option is to provide for residential development within the Big Haynes Creek Drainage Basin which will promote more economic subdivision development, provide a mechanism for the preservation of water quality within the watershed through the dedication of open space areas, and achieve other water quality preservation purposes related thereto. To achieve these goals:

Variations in lot area, width and setback are permitted.

Open space areas shall be established for the preservation of water quality and the benefit of subdivision residents.

5-190.2 Permitted Uses. The provisions of this Section shall apply to all land of unincorporated Gwinnett County located within the Big Haynes Creek Watershed and zoned R-100 or R-75. Single-family residential subdivision lots may be altered as provide herein. Except as provided in this Section, all other standards of the R-100 or R-75 zoning district shall be observed.

5-190.3 Design Requirements. Within the Big Haynes Creek Watershed, R-100 and R-75 subdivisions may comply with criteria for provision or participation in wet detention facilities established by the Big Haynes Creek Watershed Protection Agreement; or,

Comply with the following subdivision design requirements:

The subdivision development shall contain a minimum land area of 5 contiguous acres.

Set aside a minimum of 60 percent of the gross land area of the development as permanent, undisturbed open space. Concurrent with the recording of the final subdivision plat, the subdivider shall execute and record a deed which restricts the use of the set aside as permanent natural undisturbed open space. Required open space shall be deeded with the first phase of development to a mandatory property owner's association.

Maximum net density shall not exceed 3 units per acre for detached dwelling units.

Provide a minimum lot width of 65 feet, and a minimum lot area of 7,800 square feet.

Front yards shall have a minimum depth of 20 feet.

Rear yards shall have a minimum depth of 20 feet.

Section 5-200. Chattahoochee River Tributary Protection: Stream Buffer Zones Required.

This section of the Unified Development Ordinance is adopted pursuant to the requirements of Georgia Code Section 12-5-453. Stream buffer zones for the Chattahoochee River Corridor are described in Section 500-10.5.B of this Unified Development Ordinance.

5-200.1 Findings and Purposes. The Gwinnett County Board of Commissioners finds that:

The Chattahoochee River provides multiple benefits, which include use of the river as the primary water supply for metropolitan Atlanta.

The water quality of the Chattahoochee River depends upon the water quality of the flowing streams tributary to the river.

Sediment and other polluting materials and conditions, including but not limited to pesticides, nutrients such as nitrogen and phosphorus, toxic materials, and elevations in water temperatures, are harmful to the water quality of the river and its tributaries.

The riparian vegetation along these watercourses helps preserve water quality. Dense tree growth helps to prevent stream bank erosion and streamside vegetation reduces the amount of sediment and other polluting materials that would otherwise wash into streams. Riparian trees, by shading, help maintain cooler water temperatures and thus enhance water quality.

5-200.2 Purposes are:

Promote health, safety and general welfare; to minimize public and private losses due to erosion siltation and water pollution.

Create vegetation buffer areas adjacent to tributary streams in the drainage basin of the Chattahoochee River.

5-200.3 Stream Buffer Zone. This protection area means the stream channel and the land area extending outward 35 horizontal feet from the banks on either side of all flowing streams in the drainage basins of all tributaries of the Chattahoochee River located in unincorporated Gwinnett County. A flowing stream is defined for the purpose of this section as any stream that is portrayed on the most current United States Geological Survey 7.5 minute quadrangle as a perennial stream 15 feet adjacent to the stream bank of said area will be left as a natural buffer and 35-foot minimum will be left as an accessory building setback. (This is not a change in the minimum rear yard setback nor permission to build in the floodplain.) Stream buffer zone (i.e., 15 feet from bank) must be shown on final subdivision plats, commercial and industrial site plans and multi-family residential site plans.

5-200.4

Permit Required.

No person shall engage in any land disturbing activity within the area without having obtained a subdivision development permit, site development permit, or building permit from the Development Division.

No permit will be issued for any land disturbing activity within the protection area unless the land disturbing activity is for the purpose of constructing one of the following:

A stream crossing by a driveway, transportation route, or a public utility including sanitary sewer lines.

The construction of public utilities including sanitary sewer lines.

A dam and/or impoundment, a detention, retention, or sediment control pond or facility.

Exceptions. The provisions of this section shall not apply to:

Any public agency or its contractor.

Any person performing work within a right-of-way of any public agency pursuant to a permit issued by such public agency.

Emergency work necessary to preserve life or property provided a written factual report is presented to the Director of Planning and Development within 10 days.

Any development which has received a development permit prior to the adoption of this section.

Any work consisting of the operation, repair or maintenance of any lawful use of land existing on the date of adoption of this section.

Section 5-210. Charts and Tables

5-210.1 The following retired Charts and Tables of the 1985 Zoning Resolution are included for reference:

Minimum Buffer Requirements.

Minimum Area Requirements.

Minimum Yard and Height Requirements.

Minimum Floor Area Requirements.

Minimum Buffer Requirements Abutting District(s)

	RA-200	R-140, R-LL	R-100	R-100/ CSO/ MOD	R-75	R-75/ CSO/ MOD	R-60	R-ZT, R-TH, RMD, RM-6, RM-8, R-SR	MH,MHS, RM-10, RM-13	ALL OTHER
RA-200, R-140, R-LL, R-IOO, R-IOOCLU/MOD/CSO, R-75, R-75 CLU/MOD/CSO, R-60, R-SR	—-	—-	—-	—-	—-	—-	—-	—-	—-	—-
R-TH AND R-ZT UP TO A MAXIMUM 4 UNITS PER ACRE	35 feet	35 feet	30 feet	25 feet	25 feet	20 feet	20 feet	—-	—-	—-
R-TH, RMD, RM-6, RM-8, R-ZT	40 feet	40 feet	35 feet	30 feet	30 feet	25 feet	25 feet	—-	—-	—-
RM, RM-IO, RM-13	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	20 feet	—-	—-
HRR	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	50 feet	—-	—-
MH, MHS	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	75 ft. except for mh, mhs	—-
O-1/HS (standard height)	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	—-
OBP (standard height)	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	—-
M-1 (standard height)	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	50 ft. 75 ft.**	—-
M-2 (standard height)	100 feet	100 feet	100 feet	100 feet	100 feet	100 feet	100 feet	100 feet	100 feet	—-
NS	35 feet	35 feet	35 feet	35 feet	35 feet	35 feet	35 feet	35 feet	35 feet	—-
C-1 (standard height)	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet	—-
C-2 (standard height)	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	75 feet	—-
C-3 (standard height)	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	—-
MUD (High-Rise Buildings)	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	85 feet	50 feet	—-	—-
**Buffers in M-1 zoning shall increase from 50 to 75 feet when located adjacent to truck docks or outdoor storage areas. However, any development with an approved development plan, final plat or concept plan on file with the Department of Planning and Development prior June 1, 2001, which depicts a different buffer width shall be considered grandfathered . • For buffer width other than standard height structures the Board of Commissioners may increase the minimum buffer required as a condition for allowing additional height of development. • The Board of Commissioners may also establish or increase the minimum buffer as a condition of rezoning or as a condition to a Special Use Permit. • The Zoning Board of Appeals may increase the minimum buffer required as a condition to granting a Variance request. • Modifications in buffer width may be granted by the Board of Commissioners after receiving recommendations from the Planning and Development Director and Planning Commission and after a public hearing. • See Section 610-20.4.B - No structure shall be located less than 5 feet from any buffer

Minimum Area, Yard and Height Requirements
Minimum Area Requirements

Zoning District	Area (Square Feet)/ Density	Lot Size
Zoning District	Area (Square Feet)/ Density	Square Ft. Per Family	Lot Width ₃
RA-200	40,000	40,000	200 Feet
R-140	See Section 5-40	See Section 5-40	140 Feet
R-LL	32,000	32,000	125 Feet
R-100, MHS	15,000 Sewer 25,500 Septic ₂	15,000	100 Feet
R-75	12,000 Sewer 25,500 Septic ₂	12,000	75 Feet
R-60	7,200 Sewer	7,200	60 Feet
RMD	16,000 Sewer 25,500 Septic ₂	8,000	100 Feet
RL	15,000 Sewer 25,500 Septic ₂	15,000	75 Feet
RM	18,000	12,000 First Family Plus 2,500 Each Additional Family - Not To Exceed 13 Units Per Acre	100 Feet
RM-6	6 Units Per Acre	N/A	100 Feet
RM-8	8 Units Per Acre	N/A	100 Feet
R-TH	8 Units Per Acre	N/A	See Section 5-80
R-ZT	6 Units Per Acre	4,000	40 Feet
RM-10	10 Units Per Acre	N/A	100 Feet
RM-13	3 Units Per Acre	N/A	100 Feet
HRR	No Minimum	N/A	40 Feet
O-1, OBP	No Minimum	N/A	N/A
C-1, C-2, C-3, NS	No Minimum	N/A	N/A
M-1, M-2	Acre	N/A	100 Feet
HS	No Minimum	N/A	100 Feet For Residential Use
1 - When developing 3-plex, 4-plex subdivision under RM category, lot size is determined as follows: 18,000 square feet plus 550 square feet per unit. 2 - The Gwinnett County Health Department may require larger lots for septic tanks. Approximately 75 percent of Gwinnett County's soils will require a lot size at least 25,500 square feet. 3 - In all districts, stormwater facility lots shall maintain a minimum lot width of 30 feet at the minimum building setback line.

Minimum Yard and Height Requirements

Zoning District	Front Yard		Side Yard ₁	Rear Yard ₁	Maximum Height Or Stories
Zoning District	Local Street	Major Thoroughfare	Side Yard ₁	Rear Yard ₁	Maximum Height Or Stories
RA-200	35 Feet From Right-Of-Way	50 Feet From Right-Of-Way	1 Yard 15 Feet 2 Yards 35 Feet	40 Feet	35 Feet
R-140	35 Feet From Right-Of-Way	65 Feet From Right-Of-Way	1 Yard 25 Feet 2 Yards 50 Feet	100 Feet	35 Feet
R-LL	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	20 Feet	40 Feet	35 Feet
R-100, MHS	35 Feet From Right-Of-Way	50 Feet From Right-Of-Way	1 Yard 10 Feet 2 Yards 25 Feet	40 Feet	35 Feet
R-75	35 Feet From Right-Of-Way	50 Feet From Right-Of-Way	1 Yard 10 Feet 2 Yards 20 Feet	40 Feet	35 Feet
R-60	25 Feet From Right-Of-Way	See Section 210-60	1 Yard 5 Feet 2 Yards 15 Feet	30 Feet Or See Section 210-60	35 Feet
R-ZT	20 Feet From Right-Of-Way	See Section 5-60 and 5-70	1 Yard 5 Feet 2 Yards 10 Feet	25 Feet Or See Section 5-60 and 5-70	35 Feet
R-TH	See Section 5-80	See Section 5-80	See Section 5-80	See Section 5-80	See Section 5-80
RMD	35 Ft. From R/W Sewer 50 Ft. From R/W Septic	50 Feet From Right-Of-Way	1 Yard 15 Feet 2 Yards 30 Feet	40 Feet	35 Feet
RL	35 Feet From Right-Of-Way	50 Feet From Right-Of-Way	1 Yard 10 Feet 2 Yards 20 Feet	40 Feet ₃	40 Feet
RM, RM-6, RM-8, RM-10	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	20 Feet First Two Stories Plus 4 Ft. Per Each Additional Story	40 Feet	40 Feet
HRR2	10 Feet From Right-Of-Way	10 Feet From Right-Of-Way	0 Feet ₁	0 Feet ₁	25 Stories Not To Exceed 300 Feet.
MUD2 (High-Rise Buildings)	10 Feet From Right-Of-Way	10 Feet From Right-Of-Way	0 Feet ₁	0 Feet ₁	25 Stories Not To Exceed 300 Feet.
O-1, OBP	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	10 Feet	15' But 40' If Abuts Residential District ₁	3 Stories Not To Exceed 35 Feet
NS	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	10' But 20' If Abuts Residential District	15' But 40' If Abuts Residential District	1 Story Not To Exceed 20 Feet
C-1, C-2, C-3	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	10' But 20' If Abuts Residential District ₁	15' But 40' If Abuts Residential District ₁	3 Stories Not To Exceed 35 Feet
M-1, M-2	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	20' But 50' If Abuts Residential District ₁	15' But 40' If Abuts Residential District ₁	40 Feet
HS	50 Feet From Right-Of-Way	50 Feet From Right-Of-Way	1 Yard 10 Feet 2 Yards 25 Feet	40 Feet	3 Stories Not To Exceed 35 Feet
1 - Also see Section 6610-20.1. Buffer Between Dissimilar Districts. 2 - (HRR) For structures in excess of 5 stories or 60 feet, the setback from any abutting single-family district shall be increased by one foot for every additional one-foot rise in building height, up to a maximum of 200 feet. 3 - (RL) A rear yard setback is not required when rear yard is adjacent to Army Corps of Engineers property.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14)

Section 5-220 Minimum Floor Area Requirements.

5-220.1 All dwelling units shall have a minimum heated finished living area, excluding a basement, attic, carport, or garage, as follows:

In the R-LL district: 2,000 square feet

In the R-140 and R-100 districts: 1,400 square feet

In the R-75 district: 1,200 square feet

In the RA-200, R-60, R-ZT, and R-TH districts: 1,000 square feet

In the RL district: 1,400 square feet

Each three bedroom or larger duplex dwelling unit in the RMD district: 1,000 square feet

Each two bedroom or smaller duplex dwelling unit in the RMD district: 800 square feet

Each three bedroom or larger attached dwelling unit in the RM, RM-6, RM-8, and RM-10 districts: 1,000 square feet

Each two bedroom attached dwelling unit in the RM, RM-6, RM-8, and RM-10 districts: 800 square feet

Each one bedroom attached dwelling unit in the RM, RM-6, RM-8, and RM-10 districts: 600 square feet

Each efficiency or studio apartment in the RM, RM-6, RM-8, and RM-10 districts: 450 square feet

Each residential dormitory room/suite in the R-TH district:

One bed residential dormitory room and one bath: 400 square feet

Two bed residential dormitory room and one bath: 600 square feet

Three bed residential dormitory room and two baths: 800 square feet

Four or more bed residential dormitory suite and two baths: 1,000 square feet

                    
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