§ 210-80. TND Traditional Neighborhood Development District.  


Latest version.
  • 210-80.1Purpose and Intent. The purpose of the Traditional Neighborhood Development District (TND) is to create an innovative zoning classification that encourages a pattern of neighborhood development that will be distinguished from other residential zoning districts through a diversity of lot sizes, housing types and sizes to accommodate persons of a variety of stages of life in a pedestrian-oriented setting that is well integrated with the County's neighborhoods, parks, civic spaces, and supportive services.

    210-80.2Applicability. The TND District is appropriate in the Predominantly Residential Character Areas shown on the Future Development Map in the Gwinnett County 2030 Unified Plan.

    210-80.3Permitted Uses. Uses permitted in the TND District are listed in Section 230-100 Table of Permitted and Special Uses, provided that they comply with Section 230-130 Supplemental Use Standards.

    210-80.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the TND District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-80.5Special Uses.

    A.

    Special uses may be permitted in the TND District in accordance with Section 230-100, Table of Permitted and Special Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards of Section 230-130.

    210-80.6Land Use Mix. Each TND development shall include a mix of land uses, as indicated in Table 210.2.

    A.

    The intent of allowing these nonresidential uses is to create a small node of retail and commercial services primarily for the convenience and amenity of residents of the TND District. Nonresidential development must be compatible with the residential component of the development, and in general conformance with the Architectural Design Standards and Design Guidelines for Traditional Neighborhood Development.

    Table 210.2: Authorized Percentages of Total Land Uses for TND.

    Land Use Percentage of Gross Land Area
    Minimum Maximum
    Residential Uses 70% 100%
    Civic Uses 0% 15%
    Commercial/Retail or Office Uses 0% 15%

     

    210-80.7Property Development Standards. Property in the TND District shall be developed in accordance with Section 230-10, the applicable provisions of Title 3 of the UDO, the applicable site related provisions of Title 3 of the UDO, and the following additional standards:

    A.

    Parcel Area. The minimum parcel area for which the TND district is permitted shall be 7 acres

    B.

    Density. Maximum density in a TND District shall not exceed a density of 8.0 dwelling units per total acres, except as authorized to be increased in accordance with the Density Bonus as described herein. Accessory dwellings are not included in density calculations. Accessory dwellings are not permitted to be subdivided from the principal lot which it is accessory to.

    1.

    Density Bonus. Developments that contain more than the minimum common area as required in Section 210-80.7.c.1 are permitted an increase in the maximum residential density as authorized in Table 210.3.

    Table 210.3: Amenities Eligible for Bonus Density.

    Site Amenities Bonus Density
    21 — 25% common area
    Additional 0.4 dwellings/acre
    26 — 30% common area
    Additional 0.8 dwellings/acre
    31 — 35% common area
    Additional 1.2 dwellings/acre
    Over 35% common area
    Additional 1.6 dwellings/acre
    All dwelling units are located within 1,000 feet from a common area, as measured from property lines, the shortest distance in straight line to a common area. Additional 0.2 dwellings/acre
    A minimum of 50 percent of common area shall be used for passive parks, greenways, multiuse paths, squares or greens. Additional 0.2 dwelling/acre
    These bonuses are additive and can be accumulated subject to total maximum density of 10 dwelling units per acre.

     

    C.

    Common area. Common area in the TND District shall meet the following additional provisions:

    1.

    The minimum common area required is 20 percent and shall be computed from gross acreage of the project area and shall be designated on a recorded plat as permanent common area for the use of the residents, workers, patrons and visitors to the development.

    2.

    The minimum required common area shall not include any land area that is within 100-year floodplain or wetland areas. Additional common area included for the purpose of obtaining density bonus may include up to 50 percent of the 100-year floodplain and wetland areas on the development site.

    3.

    Each common area must comprise a contiguous area of at least 3,000 square feet

    4.

    Villas and townhouses must be adjacent to, or directly across the street from a common area such as a public park, green or square.

    5.

    A system of pedestrian pathways consisting of sidewalks or multiuse paths shall be provided linking each lot containing one or more dwelling units to at least one common area.

    6.

    Common area may include multiuse paths, and greenways or greenway access to satisfy the requirements of the Gwinnett County Open Space and Greenways Master Plan.

    D.

    Buffers. Buffers shall be provided as required by Chapter 610.

    E.

    Mix of Housing Options.

    1.

    This district provides for a diversity of housing types. Each TND development shall include at least three of the lot size categories shown in Table 210.4.

    Table 210.4: Categories of Lot Sizes Authorized in TND District.

    1. Single-family detached dwellings on large lots (≥9,500 sq. ft.)
    2. Single-family detached dwellings on mid-size lots (7,500 — 9,499 sq. ft.)
    3. Single-family detached dwellings on small lots (5,000 — 7, 499 sq. ft.)
    4. Townhouses or villas (2,000 — 5,999 sq. ft.)

     

    (Ord. No. UDOA2015-00001(GCID No. 2015-0360), 4-28-15)

    210-80.8Building Standards.

    Building Types.

    A.

    Non-residential structures and live/work units shall have similar or compatible architectural design elements as the adjacent residential structures.

    B.

    Architectural design elements shall be in accordance with the Architectural Design Standards and in substantial conformity with the applicable UDO Design Guidelines.

    C.

    Maximum building length: 200 feet for non-residential structures and townhouse buildings.

    210-80.9Dimensional Standards.

    A.

    All dwelling units and non-residential units shall meet the dimensional standards as listed in Table 210.5 Dimensional Standards for TND Districts and Table 210.6 Heated Floor Area Requirements for TND District.

    Table 210.5 Dimensional Standards for TND Districts

    Uses Max. Height Density Front Setback Side Setback Rear Setback Maximum Impervious Surface
    Detached dwellings 35 ft. 8-10 d.u./ac. (varies per bonuses) 5 -15 ft. 5 -15 ft. 20 ft. 75%
    Attached townhomes, villas, live/work units within residential structure 35 ft. 5 -15 ft. 5-15 ft. 20 ft. 80%
    Civic, commercial, live/work within non-residential structure 45 ft. 5-15 ft. 5-15 ft. 20 ft. 80%
    Front or side setbacks are permitted within the range of 5 feet to 15 feet, unless abutting classified streets. Lots abutting a classified arterial or collector street shall have a minimum setback of 20 feet.

     

    Table 210.6 Heated Floor Area Requirements for TND District.

    Minimum Floor Area (Residential)
    Dwelling Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 4-Bedroom
    Attached 450 sq. ft. 600 sq. ft. 800 sq. ft. 1,150 sq. ft. 1,200 sq. ft.
    Detached 600 sq. ft. 750 sq. ft. 1,000 sq. ft. 1,200 sq. ft. 1,450 sq. ft.
    Maximum Floor Area
    Detached
    Dwelling
    Accessory
    Dwelling
    Live/Work Office Civic Retail/
    Commercial
    5,000 sq. ft. 700 sq. ft. 10,000 sq. ft. 10,000 sq. ft. 25,000 sq. ft. 10,000 sq. ft.

     

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

    210-80.10Public Improvement Standards. All streets, driveways, alleys, sidewalks, multiuse paths and greenways shall conform to Chapter 900, Infrastructure, Streets, Sidewalks, Multiuse Paths, Greenways and the following additional provisions:

    A.

    Streets.

    1.

    The street network shall form an interconnected grid pattern. Cul-de-sacs shall be minimized, and may only be allowed following review and approval by the Director due to unusual site conditions such as steep topography, streams, lakes, floodplain, wetlands or stream crossings, safety hazards, or other unusual property development or access constraints. Street shapes should be varied with loop streets, curving crescents, eyebrows, ovals, and courts providing visual interest and traffic calming effects. Approved cul-de-sac streets shall be no longer than 600 feet in length. Street patterns shall be designed to respect and follow existing terrain as much as possible, to minimize earthmoving and disruption of the existing topography.

    2.

    No streets may be longer than 600 feet without an intersection with another public street, or an alley.

    B.

    Driveways and Alleys.

    1.

    Alleys shall be designed in substantial conformity with the UDO Design Guidelines and Section 900 — 140.

    2.

    Blocks that are longer than 600 feet may be broken by an alley.

    3.

    Location of alleys or driveways within the proximity of street intersections, collector and arterial streets are subject to the approval of Gwinnett Department of Transportation.

    4.

    If a block contains a majority of lots less than 60 feet in width, individual lot access for that block shall be from an alley, not a street.

    5.

    Alleys serving four or more occupied structures shall provide a continuous connection between two streets.

    6.

    Alleys shall be graded to insure proper drainage, installed on a minimum 4-inch gravel aggregate base with a minimum 2-inch asphalt topping or other approved surface of, concrete, porous concrete or porous asphalt.

    7.

    Joint driveways may be permitted by the Director where appropriate to allow flexible development opportunities.

    C.

    Pedestrian Connectivity.

    1.

    There shall be adequate separation of pedestrian walkways from automobile traffic within a development. Appropriate design elements or traffic calming measures, such as paving material variation or barrier (structural or spatial) shall be provided to distinguish vehicular and pedestrian access points.

    2.

    Safe, convenient and continuous pedestrian walkways shall be provided:

    a.

    Between entrances for all non-residential buildings in the same block.

    b.

    Along both sides of the streets.

    c.

    Through parking lots and parking structures.

    D.

    Sidewalks, Multiuse Paths and Greenways.

    1.

    Sidewalks shall be provided as required in Section 900-90.

    2.

    Multiuse paths, where provided, shall be designed in substantial conformity with Section 900-100.

    3.

    Where required, construction of greenway or greenway access, or dedication of greenway easement shall be in accordance with the Gwinnett County Open Space and Greenway Master Plan and be maintained in accordance with Section 900-100 and other applicable sections of the UDO. If a project abuts a greenway, then a multiuse path shall be provided to connect the greenway for pedestrian and bicyclist use. Final location of the greenways or greenway access shall be coordinated with the Department of Community Services.

    4.

    Unless otherwise noted, areas located outside of the 100-year floodplain where greenways and multiuse paths are constructed, shall be designated as common area and be maintained by a mandatory property owner's association.

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

    210-80.11Parking.

    A.

    The minimum number of required off-street parking spaces shall be as provided in Chapter 240 Off-Street Parking Standards or in accordance with the following standards, whichever is lower:

    1.

    One parking space is required for each 400 square feet of gross floor area of non-residential use.

    2.

    One and one half (1.5) parking spaces are required for each residential dwelling unit.

    B.

    The number of required off-street parking spaces may be reduced in equal number by the number of on-street parking spaces as provided in Chapter 245, On-Street Parking, or by a shared parking agreement as described in Section 240-30, Reduction in Minimum Parking Requirements.

    C.

    All off-street parking shall be located to the side or rear of the principal buildings within TND District and screened from residential districts per Section 620-80, No Access Easement Screening Requirements, and the UDO Design Guidelines. Off-street parking in the front yard is not permitted.

    D.

    The Director may grant an administrative variance to reduce by no more than 30 percent the number of required parking spaces for uses that are located along pedestrian walkways and are within 1,320 feet of a designated public transportation stop.

    E.

    All uses that are required to provide off-street parking spaces for motorized vehicles also shall provide bicycle racks within 100 feet of the principal entrance of the building (out of public right of way) that it serves in accordance with the UDO Design Guidelines.

    210-80.12Landscaping.

    A.

    Street trees shall be provided in required landscaped strips adjacent to all streets.

    B.

    Spacing of street trees and streetlights may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices.

    C.

    No street tree or streetlight shall be placed within 10 feet of another tree, streetlight, or utility pole, or within 5 feet of a fire hydrant.

    D.

    Landscape strips shall be located on both sides of all streets served by commercial and civic uses except alleys.

    E.

    Off-street parking lots shall be screened from adjacent roadways and sidewalks by a Type 3 landscape strip as described in the UDO Design Guidelines.

    F.

    All landscaping in common areas shall be installed and maintained in accordance with the requirements of Chapter 620.

    210-80.13Streetlights. Streetlights shall be provided on all streets and be in substantial conformity with the UDO Design Guidelines.

    210-80.14Underground Utilities.

    A.

    For all new construction and redevelopment, utilities along public streets must be placed underground. The Director may approve an exception, if a unique technical, physical, or economic hardship makes such installation infeasible. This requirement does not apply to the temporary provision of electricity, including but not limited to construction power.

    B.

    Water and sewer utilities shall be located in either street right-of-ways or easements located at the outer edge of street right-of-ways.

    210-80.15Maintenance of Common Areas.

    A.

    The TND District shall require a mandatory property owner's association that shall be responsible for ownership, operation, insurance and maintenance of all land, facilities, buildings and utilities within the common areas of the development that is outside individual lots and land dedicated to the county. A landscape maintenance easement shall be recorded for the grounds surrounding buildings of attached residential units, and said lands shall also be maintained by the aforementioned property owners association.

    B.

    The location and specifications of other improvements including bike racks, trash receptacles, benches, street trees, landscaping, bike lanes, signage, and street lights, shall be out of public right of way as provided in the UDO Design Guidelines.

    210-80.16Property Owner's Association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:

    A.

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

    B.

    Responsibility for maintenance of the open space.

    C.

    Responsibility for insurance and taxes.

    D.

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

    E.

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

    F.

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

    210-80.17Application Process. The TND rezoning process shall follow the same process for rezoning as prescribed in Section 270-20 with the following modifications:

    A.

    All such rezoning applications shall be accompanied by a Zoning Exhibit. The Zoning Exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in this Section 210-80.

    B.

    If the rezoning application is approved by the Board of Commissioners, then such rezoning shall be conditioned to the applicant's developing in substantial conformity with the Zoning Exhibit, including any modifications or conditions approved by the Board pursuant to its deliberations of the application.

    C.

    Zoning exhibit approval shall not constitute entitlement to permits.

    D.

    Each applicant for the TND District shall provide evidence of the unified control of the entire parcel. During the development process, more than one builder may participate in the development of the approved plan so long as each parcel of land remains subject to all of the terms and conditions of the Zoning Exhibit approved for the property as a whole.

    210-80.18Zoning Exhibit. As part of the application for rezoning, an exhibit shall be submitted that includes the following information:

    A.

    A location map showing the boundaries of the property with the current zoning of the property, as well as zoning on adjacent properties.

    B.

    A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, dwelling sizes, off-street parking, on-street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetlands, topography and common space.

    C.

    Specifications, calculations and applicable percentages for common area, density calculations, lot sizes, gross and net acreage, dwelling units, parking and land use categories.

    D.

    Color elevations of front, sides and rear of all typical units, including proposed building materials, building heights and any other structures.

    E.

    Other architectural and engineering data necessary to demonstrate conformity with applicable standards of the district and the Architectural Design Standards in the Appendix of this document.

    F.

    Conceptual Signage Plan.

    210-80.19Phasing Plan. A phasing plan shall be submitted with the Concept Plan, and approved by the Director, unless the entire development is to be completed at one time. Such phasing plan shall describe and illustrate in written and graphic format the incremental implementation of the TND development over a number of years, including the sequence, timing and responsibility for construction of each building, support facilities, infrastructure and utilities. The revision of the phasing plan is permitted and must be approved by the Director prior to each construction phase.

    210-80.20Concept Plan. A Concept Plan must be submitted and approved by the Director after the rezoning process and prior to submittal of an application for a Development Permit. The purpose of the Concept Plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The Concept Plan shall be developed in substantial conformance with the Zoning Exhibit approved by the Board of Commissioners, along with any conditions added thereto by the Board, according to the plan and plat guidelines listed in Chapter 320.

    210-80.21Building Plans. Prior to issuance of a building permit for any occupied structure to be located within a TND District, the builder shall provide architectural plans and elevations at a scale no smaller than 1/8"=1'-0" that demonstrate compliance with the requirements of the Architectural Design Standards. The Director shall have the authority to review and approve building plans for conformity with the requirements of Section 210-80 and the UDO Design Guidelines.

    210-80.22Other Requirements. The applicant shall adhere to all other applicable requirements of this Ordinance and other applicable requirements of Gwinnett County. In any case where the standards and requirements of this district conflict with other provisions of the Gwinnett County Code of Ordinances, the requirements of this district shall govern.

    210-90.1Purpose and Intent.

    A.

    This district is intended for single-family detached and/or villa-style attached residential and accessory uses of a medium density on land served by a sanitary sewerage system. The R-SR district is designed to serve the housing needs of senior residents.

    B.

    R-SR developments shall be intended for occupancy by persons 55 years of age and older. At least 80 percent of the occupied units shall be occupied by at least one person who is 55 or older as per the HOA bylaws and covenants.

    210-90.2Applicability. The R-SR District is appropriate in the residential character areas of the Future Development Map of the 2030 Unified Plan.

    210-90.3Permitted Uses. Principal uses and structures permitted in the R-SR District are listed in the Table of Permitted and Special Uses found in Section 230-100, provided that they comply with the Supplemental Use Standards of Section 230-130 in of this UDO.

    210-90.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the R-SR District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-90.5Special Uses. Special uses may be permitted in the R-SR District in accordance with Section 230-100 Table of Permitted and Special Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-90.6Property Development Standards. R-SR single-family dwellings shall meet the dimensional requirements of Section 230-10, the applicable site related provisions of Title 3 of the UDO and the following additional standards:

    A.

    Detached homes within R-SR shall meet the following requirements:

    1.

    Maximum density: Four units per acre.

    2.

    Minimum lot area: 5,000 square feet.

    3.

    Average lot width: 50 feet.

    4.

    Minimum front setback: 20 feet, except front-facing garages shall be setback a minimum of 25 feet behind sidewalks.

    5.

    Minimum side setback: 5 feet.

    6.

    Minimum rear setback: 25 feet.

    B.

    Attached villas within R-SR shall meet the following requirements:

    1.

    Maximum density: Six units per acre.

    2.

    Lot Area: No Minimum.

    3.

    Lot Width: No Minimum.

    4.

    Internal Road Frontage: No Minimum.

    5.

    External Road Frontage For Overall Development: 50 feet.

    6.

    Minimum unit width: 40 feet.

    7.

    Internal yard requirements: A 20-foot grassed or landscaped strip shall be provided between all buildings and a 10-foot grassed or landscaped strip shall be provided between all buildings and interior driveways/streets.

    8.

    The following setbacks apply to the perimeter of the development:

    a.

    Front setback: 50 feet.

    b.

    Side setback: 20 feet.

    c.

    Rear setback: 20 feet.

    C.

    Landscaping:

    1.

    A minimum of 50-foot landscaped building setback shall be provided adjacent to abutting exterior streets. The landscaped setback shall incorporate a 25 foot landscaped buffer with a six foot in height fence or wall consistent with the Design Guidelines in the UDO Appendix. Alternate decorative fence materials may be utilized, subject to review and approval of the Director.

    2.

    At least one 2-inch caliper street tree shall be planted at least every 35 feet along both sides of internal street(s).

    3.

    All grassed areas shall be sodded.

    210-90.7Architectural Standards/ Design.

    A.

    Refer to the Architectural Design Standards in the Appendix of the UDO.

    B.

    All dwellings shall be limited to single-story; however, bonus rooms over garages shall be allowed.

    C.

    All dwellings shall contain double-car garages.

    D.

    All dwellings shall incorporate ADA accessibility standards and shall include the following:

    1.

    Easy access step free feature at entrances to the unit.

    2.

    Easy passage feature requiring 32 inch wide, clear passage doorways throughout the unit.

    3.

    Easy use feature requiring wheelchair accessible bedroom(s), kitchen, entertainment area and bathroom(s), via step-free entrance.

    E.

    Attached villas shall have a minimum of three units and a maximum of four units per building. A minimum number of two unit villas may be approved by the Director to address specific topographic issues.

    210-90.8Public Improvement Standards. All local streets in a R-SR District, except for alleys, shall be constructed per public street standards, and shall be designed in conformity with the UDO Design Guidelines as follows:

    A.

    Local Streets per the UDO Design Guidelines.

    B.

    Alleys per the UDO Design Guidelines.

    C.

    Multiuse paths, when provided, shall be designed in conformity with the UDO Design Guidelines and Section 900-100 of the UDO.

    D.

    Street Network Standards.

    1.

    Cul-de-sacs are prohibited, except where approved following review and approval by the Director or their designees because of unusual site conditions such as steep topography, streams, lakes, floodplains, wetlands or stream crossings, safety hazards, or other unusual property development or access constraints.

    2.

    An interconnected grid pattern is required unless the Director waives this requirement in conformity with the UDO Design Guidelines.

    a.

    Blocks that are longer than 600 feet (measured inside right-of-way) must be broken by an alley.

    E.

    Driveways and Alleys.

    1.

    No residential driveways shall be permitted on collector or arterial streets.

    a.

    If a block contains a majority of lots less than 60 feet in width, individual lot access for that block shall be from an alley, not a public street.

    2.

    Alleys serving four or more occupied structures shall provide a continuous connection between internal streets.

    3.

    Project access shall not be located within 150 feet of the centerline of an intersecting collector or arterial street.

    4.

    Alleys shall be in substantial conformance with the UDO Design Guidelines.

    5.

    Joint driveways may be approved by the Director where appropriate to allow flexible development opportunities.

    F.

    Streetlights. Streetlights shall be provided on all neighborhood streets.

    210-90.9Underground Utilities.

    A.

    For all new construction and redevelopment, utilities along streets must be placed underground. The Director may approve an exception, if a unique technical, physical, or economic hardship makes such installation infeasible. This requirement does not apply to the temporary provision of electricity, including but not limited to construction power.

    B.

    Water and sewer utilities shall be located in either street right-of-ways or easements located at the outer edge of street right-of-ways.

    210-90.10Mandatory Homeowner's Association Required.

    A.

    The R-SR District shall require a mandatory homeowners association. The association shall publish and adhere to policies and procedures that demonstrate that the community is intended to provide housing for persons 55 and over including maintaining surveys or affidavits verifying compliance with 55 and older occupancy requirements as permitted by 42 U.S.C. Section 3607, (b) (2) (c) of the Federal Fair Housing Act. The association shall also include declarations and bylaws including rules and regulations, which shall at a minimum regulate and control the following:

    1.

    Restriction on homes being occupied, with at least 80 percent of the occupied units occupied by at least one resident who is age 55 or older.

    2.

    Restrictions on single-family residential use only and leasing of units. No more than 10 percent of the total units may be leased by individual owners at any one time.

    3.

    Exterior items such as fences, lawn ornaments and restrictions on removal of landscaped areas and buffers.

    4.

    Maintenance of detention ponds, common areas and entrance features.

    210-90.11Application Process. The R-SR rezoning process shall follow the same process for rezoning as prescribed in Section 270-20 with the following modifications:

    A.

    All such rezoning applications shall be accompanied by a Zoning Exhibit. The Zoning Exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in this Section 210-90.

    B.

    If the rezoning application is approved by the Board of Commissioners, then such rezoning shall be conditioned to the applicant's developing in substantial conformity with the Zoning Exhibit, including any modifications or conditions approved by the Board pursuant to its deliberations on the application.

    C.

    Zoning exhibit approval shall not constitute entitlement to permits.

    210-90.12Zoning Exhibit. As part of the application for rezoning, an exhibit shall be submitted that includes the following information:

    A.

    A location map showing the boundaries of the property with the current zoning of the property, as well as zoning on adjacent properties.

    B.

    A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, dwelling sizes, off-street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetlands, topography and common space.

    C.

    Specifications, calculations and applicable percentages for common area, density calculations, lot sizes, gross and net acreage, dwelling units, and parking.

    D.

    Color elevations of front, sides and rear of all typical units, including proposed building materials, building heights and any other structures.

    E.

    Other architectural and engineering data necessary to demonstrate conformity with applicable standards of the district and with the Architectural Design Guidelines in the Appendix of the UDO.

    210-90.13Concept Plan. A Concept Plan must be submitted and approved by the Director after the rezoning process and prior to submittal of an application for a Development Permit. The purpose of the Concept Plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The Concept Plan shall be developed in substantial conformance with the Zoning Exhibit approved by the Board of Commissioners, along with any conditions added thereto by the Board, according to the plan and plat guidelines listed in Chapter 320.

    210-90.14Building Plans. Prior to issuance of a building permit for any occupied structure to be located within a R-SR District, the builder shall provide architectural plans and elevations at a scale no smaller than 1/8"=1'-0" that demonstrate compliance with the requirements of the Architectural Design Standards. The Director shall have the authority to review and approve building plans for conformity with the requirements of Section 210-90 and the UDO Design Guidelines.

    210-90.15Other Requirements. The applicant shall adhere to all other applicable requirements of this Ordinance and other applicable requirements of Gwinnett County. In any case where the standards and requirements of this district conflict with other provisions of the Gwinnett County Code of Ordinances the requirements of this district shall govern.

    Section 210-100.   R-TH Residence Townhouse District.

    210-100.1Purpose and Intent. This zoning district is intended primarily for townhouse dwellings with a maximum density of 8 units per acre in areas 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.

    This zoning district is intended exclusively for townhouse dwelling units, villas, residential dormitories, customary accessory uses and structures for development after January 2005. Residential dormitories will only be permitted adjacent to Georgia Gwinnett College property and will be for the exclusive use of students and/or staff of the college.

    210-100.2Permitted Uses. Uses permitted in the R-TH District are listed in the Table of Permitted and Special Uses found in Section 230-100, provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-100.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the R-TH District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120, Accessory Use Standards of the UDO.

    210-100.4Special Uses. Special uses may be permitted in the R-TH District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-100.5Property Development Standards. Property in the R-TH District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.

    210-100.6Architectural Standards/ Design. All development in the R-TH District shall be in conformity with the Gwinnett County Architectural Design Standards and be in substantial conformity with the UDO Design Guidelines.

    For developments prior to January 2005, refer to the UDO: Appendix of Inactive Zoning Districts.

    A.

    Within the R-TH Single Family Residence Townhouse District, the following requirements shall be met:

    1.

    Maximum density: Eight (8) units per acre;

    Residential dormitories shall be limited to a maximum of 90 beds per acre.

    2.

    Lot Area — No Minimum for townhomes or villas;

    Minimum 3 acres for residential dormitories.

    3.

    Lot Width — No Minimum for townhomes or villas;

    Minimum 100 feet for residential dormitories.

    4.

    Internal Road Frontage - No Minimum.

    5.

    External Road Frontage For Overall Development — 50-feet.

    6.

    Minimum unit width:

    a.

    Twenty-two feet for double-car garage townhomes.

    b.

    Eighteen feet for single-car garage townhomes.

    c.

    Forty feet for villas.

    7.

    Maximum height: 35-feet for townhomes or villas;

    Four stories for residential dormitories.

    8.

    Internal yard requirements: A 20-foot grassed or landscaped strip shall be provided between all buildings and interior driveways/streets.

    9.

    External yard requirements:

    a.

    Front yard: 50-Feet

    b.

    Side yard: 40-Feet

    c.

    Rear yard: 40-Feet

    10.

    Provide three or more off-street parking spaces per dwelling unit for townhomes and villas. At least 80 percent of required parking areas for overall development must be located directly in the front or rear of the dwelling units. The balance of the parking spaces may be located in a parking facility separated from the units. All townhome and villas units shall require at least single-car garages.

    Residential Dormitories shall have a minimum of one parking space per bed and a maximum of 1.5 parking spaces per bed. Parking decks shall be allowed for residential dormitories. The maximum parking space allowance may be exceeded in any amount when a parking deck and/or underground parking structure is constructed to accommodate at least 50 percent of the maximum parking allowance. Excess parking may be shared with the adjacent school facilities.

    11.

    All grassed areas shall be sodded.

    12.

    Provide sidewalks adjacent to both sides of interior streets or private driveways. Design shall be per Development Regulations.

    13.

    A minimum of three and maximum of eight, dwelling units shall be allowed in each row of townhouses. Villas shall have a minimum of three units and a maximum of four units per building.

    14.

    All utilities shall be placed underground.

    15.

    A 50-foot wide landscaped setback shall be provided along all exterior street frontages. The landscaped setback may incorporate natural vegetation and shall include a decorative fence/wall and entrance monument. The fence may be constructed as a solid brick or stacked stone wall, or as a wrought iron-style fence with brick or stacked stone columns (maximum 30-feet on-center).

    B.

    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-TH request to a specific concept plan, or require a future site plan review by the Planning Commission.

    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-TH district shall be accepted for processing without these required exhibits.

    1.

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

    2.

    A concept plan drawn no smaller than 1 inch equals 100 feet, including the following information:

    a.

    Lot lines and setbacks;

    b.

    Topography with contour intervals greater than 20 feet;

    c.

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

    d.

    Stormwater detention areas;

    e.

    Recreation facilities (if applicable);

    f.

    Location of typical off-street parking.

    3.

    Color elevations of front, sides and rear of all typical units, including proposed building material, and any other structures such as recreation buildings.

    4.

    Information indicating the following:

    a.

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

    b.

    Lot sizes (typical dimensions and square footage);

    c.

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

    5.

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

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

    Section 210-110.   RM-13 Multifamily Residence District.

    210-110.1Purpose and Intent. This zoning district is intended primarily for multifamily dwellings with a maximum density of 13 units per acre in areas 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.

    210-110.2Permitted Uses. Uses permitted in the RM-13 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-110.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the RM-13 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-110.4Special Uses. Special uses may be permitted in the RM-13 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-110.5Property Development Standards. Property in the RM-13 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions of Title 3 of the UDO.

    210-110.6Architectural Standards/ Design. All development in the RM-13 District shall be in conformity with the Gwinnett Architectural Design Standards and in substantial conformity with the UDO Design Guidelines, Section 6.

    Section 210-120.   RM-24 Multifamily Residence District.

    210-120.1Purpose and Intent. This zoning district is intended primarily for multifamily dwellings with a maximum density of 24 units per acre in areas 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.

    210-120.2Permitted Uses. Uses permitted in the RM-24 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-120.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the RM-24 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-120.4Special Uses. Special uses may be permitted in the RM-24 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-120.5Property Development Standards. Property in the RM-24 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions of Title 3 of the UDO.

    210-120.6 \ Architectural Standards/Design. All development in the RM-24 District shall be in conformity with the Gwinnett County Architectural Design Standards and with the UDO Design Guidelines.

    Section 210-130.   HRR High-Rise Residence District.

    210-130.1Purpose and Intent. This zoning district is intended to allow for high-rise residential development and associated uses in a mixed-use environment.

    210-130.2Applicability.

    A.

    This district may only be permitted 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, and with immediate access to major shopping, office or transit connections, within a Regional Mixed-Use or Preferred Office Character Area as designated on the Gwinnett County Future Development Map.

    B.

    Applications for rezoning not located within a Regional Mixed-Use or Preferred Office Character Area shall not be accepted for processing by the Department of Planning and Development.

    210-130.3Permitted Uses.

    A.

    Within an approved HRR District, residential uses as set forth in the Table of Permitted and Special Uses in Section 230-100 shall constitute a minimum of 60 percent of the GFA of a high-rise residential structure exclusive of any gross building space devoted to parking.

    B.

    Office, retail, and service uses may occupy up to 40 percent of the gross square footage of the high-rise structure exclusive of any gross building space devoted to parking. Such uses shall be limited to those set forth in the Table of Permitted and Special Uses in Section 230-100.

    210-130.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the HRR District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-130.5Special Uses. Special uses may be permitted in the HRR District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-130.6Property Development Standards.

    A.

    Property in the HRR District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions of Title 3 of the UDO.

    B.

    Maximum project density. 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 building height on a case-by-case basis.

    210-130.7Architectural Standards Design. All development in the HRR District shall be in conformity to the Gwinnett County Architectural Design Standards and with the UDO Design Guidelines.

    210-130.8Application Process. The HRR rezoning process shall follow the same process for rezoning as prescribed in Section 270-20 with the following modifications:

    A.

    All such rezoning applications shall be accompanied by a Zoning Exhibit. The Zoning Exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in this Section 210-130.

    B.

    If the rezoning application is approved by the Board of Commissioners, then such rezoning shall be conditioned to the applicant's developing in substantial conformity with the Zoning Exhibit, including any modifications or conditions approved by the Board pursuant to its deliberations on the application.

    C.

    Zoning exhibit approval shall not constitute entitlement to permits.

    210-130.9Zoning Exhibit. As part of the application for rezoning, an exhibit shall be submitted that includes the following information:

    A.

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

    B.

    A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, off-street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetlands, topography and common space.

    C.

    Specifications, calculations and applicable percentages for common space, density calculations, gross and net acreage, and parking.

    D.

    Scaled architectural elevations of the proposed high rise structure and any proposed accessory structure (i.e. parking garage, recreation buildings, etc.).

    E.

    Other architectural and engineering data necessary to demonstrate conformity with applicable standards of the district and the Architectural Design Standards in the Appendix of the UDO.

    210-130.10Concept Plan. A Concept Plan shall be submitted and approved by the Director after the rezoning process and prior to submittal of an application for a Development Permit. The purpose of the Concept Plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The Concept Plan shall be developed in substantial conformance with the Zoning Exhibit approved by the Board of Commissioners, along with any conditions added thereto by the Board, according to the plan and plat guidelines listed in Chapter 320.

    210-130.11Building Plans. Prior to issuance of a building permit for any occupied structure to be located within an HRR District, the builder shall provide architectural plans and elevations at a scale no smaller than 1/8"=1'-0" that demonstrate compliance with the requirements of the Architectural Design Standards. The Director shall have the authority to review and approve building plans for conformity with the requirements of Section 210-130 and the UDO Design Guidelines.

    210-130.12Other Requirements. The applicant shall adhere to all other applicable requirements of this Ordinance and other applicable requirements of Gwinnett County. In any case where the standards and requirements of this district conflict with other provisions of the Gwinnett County Code of Ordinances, the requirements of this district shall govern.

    Section 210-140.   O-R Office-Residence District.

    210-140.1Purpose and Intent.

    A.

    The purpose of the O-R zoning district is to provide standards for the orderly transition and conversion of single-family and duplex residential structures to live-work, office, or institutional.

    B.

    The intent of the O-R District is to provide for the economic reuse of existing single-family and duplex residential structures, while maintaining the residential character of the existing structures and the surrounding neighborhood.

    C.

    The reuse of these structures shall be limited to low-intensity uses that would not create undue traffic safety problems or incompatibilities with adjacent residential property.

    210-140.2Applicability. This zoning district is applicable to existing single-family and duplex residences facing a major thoroughfare that no longer have a viable use for solely residential occupancy. It is also applicable to conversion of an existing residential use to a low-intensity office or institutional use in order to provide an orderly transition in intensity between an existing commercial use abutting along one boundary and an abutting residential zoning district within the same block. In this way, the O-R district is intended to stabilize the neighborhood and prevent further propagation of strip commercial zoning along a thoroughfare.

    210-140.3Permitted Uses. Uses permitted in the O-R District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-140.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the O-R District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-140.5Special Uses. Special uses may be permitted in the O-R District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-140.6Property Development Standards.

    A.

    Property in the O-R District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts, the applicable site related provisions of Title 3 of the UDO, the UDO Design Guidelines and the following additional standards:

    1.

    Two adjacent lots may be combined, along with their related buildings, driveways and parking lots where the combination improves the site and building design.

    B.

    Access management.

    1.

    Driveway locations to be reviewed and coordinated with the Department of Transportation.

    C.

    Buffer Standards.

    1.

    Nonconforming structures shall be removed from all required buffer areas.

    2.

    Side yard: Provide a 10 foot wide buffer outside of a 6 foot high opaque fence or wall abutting a residential zoning district.

    3.

    Rear yard: Provide a 20 foot wide buffer outside of a 6 foot high opaque fence or wall abutting a residential zoning district.

    D.

    Building Standards.

    1.

    All development within the O-R District shall be in conformity with the Architectural Design Standards.

    a.

    New or rehabilitated structures shall have a compatible residential character with the adjacent residential buildings on the same block in terms of similar building materials and types and pitch of roof (gable, hip, mansard, flat).

    b.

    Existing structures remaining on the site may be enlarged, but shall retain their existing residential character in terms of building materials, entry features, porches, building height, proportions, types of roof, roof slope, dormers, and the types and sizes, proportions of fenestration, and doorways.

    E.

    Parking requirements.

    1.

    Shared parking.

    a.

    When two or more uses are connected with shared driveways, then shared parking reductions may be approved by the Director in accordance to Section 240-30 Reduction in Minimum Parking Requirements.

    2.

    Location of parking.

    a.

    No more than two parking spaces may be provided in the front yard of each lot. All other required parking shall be in the side or rear yard.

    3.

    Lighting of parking lots.

    a.

    Lighting fixtures for parking lots shall be no more than 16 feet in height and shall be directed away from abutting residential property.

    F.

    Sidewalks.

    1.

    Sidewalks and landscape strips shall be provided along the entire street frontage.

    2.

    Sidewalks shall connect to existing sidewalks of adjacent properties.

    3.

    Sidewalks shall be provided connecting the occupied buildings with the sidewalk along the street and parking areas to building entrances.

    G.

    Signs. Signage in the O-R District shall be provided as described in the Gwinnett County Sign Ordinance.

    H.

    Limit on Accessory Activities.

    1.

    Accessory activities such as loading, unloading supplies and materials shall be limited to business hours (9:00 a.m. to 5:00 p.m. Monday through Friday, except state and federal Holidays).

    a.

    On-site storage must be located within a fully enclosed structure and shall be limited to no more than ten percent of the principal gross building space. The cumulative total of all accessory buildings shall not exceed 10 percent of the principal building area. On-site storage buildings are subject to the provisions of Section 230-120 Accessory Use Standards.

    I.

    Code compliance. Change from residential to non-residential use requires compliance with the Gwinnett County Construction Code for commercial construction.

    210-140.7Application Process. The O-R rezoning process shall follow the same process for rezoning as prescribed in Section 270-20, Zoning Ordinance Text and Map Amendments, with the following modifications:

    A.

    All such rezoning applications shall be accompanied by a Concept Plan. The Concept Plan shall provide all information necessary to demonstrate that it achieves the criteria provided in this section.

    B.

    If the rezoning application is approved by the Board of Commissioners, then such rezoning shall be conditioned to the applicant's developing in substantial conformity with the Concept Plan, including any modifications or conditions approved by the Board pursuant to its deliberations on the application.

    C.

    Rezoning exhibit shall not constitute entitlement to permits.

    210-140.8Zoning Exhibit.

    A.

    As part of the application for rezoning, an exhibit shall be submitted that includes the following information:

    1.

    A location map showing the boundaries of the property with the current zoning of the property, as well as zoning on adjacent properties.

    2.

    A plan showing applicable details, to include lots; streets and right-of-ways; setback lines, existing buildings and structures to remain or be demolished; proposed new buildings and entrances; existing and proposed driveways, parking lots, dumpsters, fences, sidewalks, retaining walls and other structures; trees, buffers and landscaping; preliminary floor plans and elevations for proposed renovations indicating use of proposed building materials; stormwater management facility, drainage easements and floodplain.

    3.

    Information indicating the following:

    a.

    Proposed uses and tenants;

    b.

    Dimensions and square footage of lots;

    c.

    Heated floor areas of existing and proposed buildings; and,

    d.

    Number of off-street parking spaces and method of calculation of need for off-street parking spaces.

    210-140.9Other Requirements. The applicant shall adhere to all other applicable requirements of this Ordinance and other applicable requirements of Gwinnett County. In any case where the standards and requirements of this district conflict with other provisions of the Gwinnett County Code of Ordinances, the requirements of this district shall govern.

    Section 210-150.   O-I Office-Institutional District.

    210-150.1Purpose and Intent. This zoning district is established to provide a location for offices, institutions and limited related retail business and service activities in buildings of high character in attractive surroundings.

    210-150.2Permitted Uses. Uses permitted in the O-I District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-150.3Accessory Uses and Structures.

    A.

    Accessory uses and structures shall be permitted in the O-I District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    B.

    If an office building, hotel or motel as a principal use includes one or more accessory uses from the categories of Retail Trade, Accommodation and Food Services, Arts, Entertainment and Recreation, or Other Services, the total floor area of accessory uses may not exceed 15 percent of the total floor area of the building.

    210-150.4Special Uses. Special uses may be permitted in the O-I District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-150.5Property Development Standards. Property in the O-I District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.

    210-150.6Limit on Accessory Activities.

    A.

    Accessory activities such as loading, unloading supplies and materials shall be limited to business hours (9:00 a.m. to 5:00 p.m. Monday through Friday, except state and federal Holidays).

    1.

    On-site storage must be located within a fully enclosed structure and shall be limited to no more than ten percent of the principal building area and five percent of the total lot area. On-site storage buildings are subject to the provisions of Section 230-120 Accessory Use Standards.

    Section 210-160.   C-1 Neighborhood Business District.

    210-160.1Purpose and Intent. The C-1 Neighborhood Business District is intended to provide for commercial uses of a convenience nature for nearby residential neighborhoods. These uses are intended to be facilities serving the everyday needs of these nearby neighborhoods rather than the larger community. The residential character of the area surrounding this district shall be of primary consideration when Rezonings, Special Use Permits or Variances to these regulations are reviewed.

    210-160.2Permitted Uses. Uses permitted in the C-1 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-160.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the C-1 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-160.4Special Uses. Special uses may be permitted in the C-1 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-160.5Property Development Standards. Property in the C-1 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.

    Section 210-170.   C-2 General Business District.

    210-170.1Purpose and Intent. The C-2 General Business District is intended to provide adequate space in appropriate locations along major streets, thoroughfares and intersections for various types of business use. These uses include the retailing of major goods and services, general office facilities and public functions that would serve a community area of several neighborhoods. The intensity of development and uses in the C-2 General Business District is greater than in the C-1 Neighborhood Business District because it is intended to serve a greater population and to offer a wider range of goods and services.

    210-170.2Permitted Uses. Uses permitted in the C-2 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-170.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the C-2 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-170.4Special Uses. Special uses may be permitted in the C-2 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-170.5Property Development Standards. Property in the C-2 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.

    Section 210-180.   C-3 Highway Business District.

    210-180.1Purpose and Intent. The C-3 Highway Business District is intended for business uses which require locations accessible to major highways and arterials that serve significant portions of the community. The C-3 district allows an intensity of development and uses that is greater than in the C-2 General Business District because it is intended to serve a greater population and to offer a wider range of goods and services. Due to the nature of the businesses permitted within the C-3 district, the zoning district should be limited to property fronting on principal arterials, major arterials or minor arterials, not indicated as residential arterials, as shown on the Long Range Road Classification Map. C-3 Districts should provide an internal transition in intensity or provide a step-down to less intensive zoning districts when adjacent to residential districts.

    210-180.2Permitted Uses. Uses permitted in the C-3 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-180.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the C-3 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-180.4Special Uses. Special uses may be permitted in the C-3 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-180.5Property Development Standards. Property in the C-3 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.

    Section 210-190.   Mixed-Use Districts.

    There are three mixed-use zoning districts, each with its distinct purpose and intent: Neighborhood Mixed-Use District (MU-N), Community Mixed-Use District (MU-C) and Regional Mixed-Use District (MU-R). The primary purpose of these districts is to promote pedestrian-oriented mixed-use developments that will facilitate a more efficient use of land and infrastructure and preserve open space, while allowing varying densities, intensities and flexibility in zoning and development requirements. In all three districts, mixed-uses are permitted both vertically (in one structure) and horizontally (in multiple structures).

    Section 210-200.   MU-N Neighborhood Mixed-Use District.

    210-200.1Purpose and Intent. The purpose of the Neighborhood Mixed-Use District (MU-N) is to promote complementary groupings of small-scale mixed-use buildings that are within walking distance and compatible with the surrounding neighborhood. It is the intent of this district to provide for diverse housing options to accommodate multigenerational communities with a range of residential building forms, lot sizes and dwelling sizes and neighborhood-oriented retail, services and low intensity office uses that are within convenient walking distances.

    210-200.2Applicability. Developments requesting rezoning to the MU-N district should be located in Community Mixed-Use and Corridor Mixed-Use Character Areas identified in the 2030 Unified Plan.

    210-200.3Permitted Uses. Uses permitted in the MU-N District are listed in the Table of Permitted and Special Uses in Section 230-100, provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-200.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the MU-N District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-200.5Special Uses. Special Uses may be permitted in the MU-N District in accordance with Section 230-100 Table of Permitted and Special Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-200.6Minimum specifications for development of the MU-N Neighborhood Mixed-Use District.

    A.

    Include at minimum two or more major land use categories chosen from the permitted uses listed in Section 230-100 provided that no single land use category shall constitute less than 20 percent of the development gross floor area.

    1.

    Retail, services and professional uses shall be the primary uses of the ground floor of vertically mixed use buildings to encourage walkability and pedestrian orientation.

    2.

    Residential uses are permitted within both horizontally or vertically mixed use buildings with a maximum density of eight dwelling units/acre (project acreage).

    Section 210-210.   MU-C Community Mixed-Use District.

    210-210.1Purpose and Intent. The purpose of the Community Mixed-Use District (MU-C) is to promote complementary groupings of community-scale mixed-use buildings and activity areas along commercial corridors at locations that have adequate infrastructure and transportation access. The intent of this district is to promote diverse uses, including places of employment, shopping and commercial services, varied housing options for multigenerational communities within pedestrian and bicycle friendly mixed-use activity centers and corridors that are compatible with established surrounding neighborhoods.

    210-210.2Applicability. Developments requesting rezoning to the MU-C District should be located in Regional Mixed Use, Community Mixed-Use and Corridor Mixed-Use Character Areas identified in the 2030 Unified Plan.

    210-210.3Permitted Uses. Uses permitted in the MU-C District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses, provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-210.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the MU-C District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-210.5Special Uses. Special Uses may be permitted in the MU-C District in accordance with Section 230-100 Table of Permitted and Special Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-210.6Minimum specifications for development of the MU-C Community Mixed-Use District.

    A.

    Include at minimum two or more major land use categories chosen from the permitted uses listed in Section 230-100 provided that no single land use category shall constitute less than 20 percent of the development gross floor area.

    1.

    Retail, services and professional uses shall be the primary uses of the ground floor of vertically mixed use buildings to encourage walkability and pedestrian orientation.

    2.

    Residential uses are permitted within both horizontally or vertically mixed use buildings with a maximum density of 10 dwelling units/acre (project acreage).

    Section 210-220.   MU-R Regional Mixed Use District.

    210-220.1Purpose and Intent. The purpose of the Regional Mixed-Use District is to encourage the development, redevelopment or revitalization of commercial and residential areas along major transportation corridors into vibrant, high density, pedestrian friendly, live-work-play environments that offer employees and residents the opportunity to fulfill their daily activities with minimal use of single-occupant automobiles. The intent of this district is to allow flexibility in design standards and high density residential development in exchange for innovative and high standards inclusive of landscaping, green space, urban space, and public amenities within a distinct, unified theme that can improve the viability of the development and surrounding communities.

    210-220.2Applicability. Developments requesting rezoning to the MU-R District should be located in Regional Mixed-Use or Preferred Office Character Areas identified in the 2030 Unified Plan.

    210-220.3Permitted Uses. Uses permitted in the MU-R District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided that they comply with the Supplemental Use Standards of Section 230-130.

    210-220.4Accessory Uses and Structures. Accessory uses and structures shall be permitted in the MU-R District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-220.5Special Uses. Special Uses may be permitted in the MU-R District in accordance with Section 230-100 Table of Permitted and Special Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-220.6Minimum Specifications for development of the MU-R Regional Mixed-Use District.

    A.

    The Floor Area Ratio (FAR), maximum height and density of the residential uses within MU-R District shall be 0.4 FAR, 45 feet in maximum height and a maximum of eight dwelling units/acre, unless otherwise approved by the Director or as a zoning condition by the Board of Commissioners.

    B.

    Additional bonuses as listed in Table 210.7, Amenities Eligible for FAR Bonus for MU-R District, may be granted by the Director or as a zoning condition by the Board, subject to the approval of a site specific concept plan, to increase the above FAR, height and density for the development to the allowable maximum as shown in Table 210.8, Maximum Allowable Building Height and Residential Density for MU-R District.

    C.

    Include at minimum two or more major land use categories chosen from the permitted uses listed in Section 230-100 provided that no single land use category shall constitute less than 20 percent of the gross floor area.

    1.

    Retail, services and professional uses shall be the primary uses of the ground floor of vertically mixed use buildings to encourage walkability and pedestrian orientation.

    2.

    Residential uses are permitted within both horizontally or vertically mixed-use buildings with a maximum density of 8 dwelling units/acre except as follows:

    Table 210.7: Amenities Eligible for FAR Bonus for MU-R District

    Amenities FAR Bonus *
    For each 1 percent of common area in excess of the required minimum. Additional 0.1 FAR/each 1% over
    For each one half-acre of contiguous area consisting of environmentally sensitive natural, undisturbed area (i.e. wetlands, floodplain, specimen trees) or culturally sensitive features that are preserved and dedicated as conservation space. Additional 0.25 FAR/ each 1/2 acre tract.
    Structured Parking:
    50% of minimum required.
    25% of minimum required.
    Additional 1.0 FAR
    Additional 0.5 FAR
    Mixed-use development that includes a minimum of 14 dwelling units per acre of land, and constructed in the same building with office, institutional, commercial, or retail uses. Additional 0.5 FAR
    Mixed-use development that includes office space constituting at least 40 percent of the total GFA. Additional 0.5 FAR
    Mixed-use development assembled from at least three properties, each containing one acre or more. Additional 0.3 FAR
    Transit passenger shelter and related support facilities. Additional 0.25 FAR
    Documentation by a LEED-certified professional that the project, if constructed as proposed, meets the "Silver" standards of LEED or the standards of ASHRAE Standard 189.1 for Sustainable Design. Additional 0.25 FAR
    Multiuse paths located outside of the floodplain, on minor collector or local streets, or within the development and meeting the standards of Section 900-100. Bonus may be granted proportionately to the FAR/path ratio if more or less than 1000 feet of path is provided. Additional 0.2 FAR/1000 feet path
    Regional stormwater management facility meeting the standards of Section 800-90. Additional 0.75 FAR
    Within the required common areas, at least 50 percent of the area is developed into a contiguous green space for public gathering and related functions (i.e. pocket park, plaza, amphitheater, or greenways). Additional 0.2 FAR
    These bonuses are additive and can be accumulated subject to total maximum FAR of 5.0

     

    Table 210.8: Maximum Allowable Building Height and Residential Density for MU-R District
    (Subject to Approved Bonus Density)

    FAR Building Height Residential Density
    0.41 — 1.00 5 stories and 75 ft. 32 dwelling units/net acre
    1.01 — 2.00 10 stories and 140 ft. 48 dwelling units/net acre
    2.01 — 3.00 15 stories and 210 ft. 64 dwelling units/net acre
    3.01 — 4.00 20 stories and 260 ft. 80 dwelling units/net acre
    4.01 — 5.00 25 stories and 300 ft. 96 dwelling units/net acre

     

    Section 210-225.   Minimum Design Standards of Mixed Use Districts.

    All mixed-use districts MU-N, MU-C and MU-R shall comply with the applicable site related provisions contained in Title 3 of the UDO and the following additional standards.

    210-225.1Common area. At least 15 percent of the net project acreage (total acreage of the project excluding 100-year floodplain and wetland areas) shall be designated on a recorded plat as permanent common area for the use of the residents, workers, patrons and visitors to the development.

    A.

    Common areas shall meet the standards set forth in this section and the UDO Design Guidelines for Public Spaces.

    B.

    Depending on the scale of the development, the common area shall include at least one conveniently located public gathering area or activity center with related amenities and improvements in the form of a square, green, plaza, or similar approved element that is accessible by the general public from at least three points of entry by sidewalks.

    C.

    Common area may include greenways or greenway access to satisfy the requirements of the Gwinnett County Open Space and Greenways Master Plan.

    210-225.2Connectivity.

    A.

    Interconnected network. It is the intent of this section that the public access ways, walkways, transportation facilities, and improvements in the mixed-use district contribute to an inter-connected and continuous network providing convenient vehicular and pedestrian access to abutting properties. The design of developments and related public improvements shall provide for maximum connections for automobiles, pedestrians, bicycles, and public transportation to off-site and on-site attractions such as concentrations of employment, shopping, housing and community services, public parking, parks, and public facilities.

    B.

    Vehicular connectivity.

    1.

    No streets may be longer than 600 feet without an intersection with another street or alley.

    2.

    The street network shall form a connected pattern (grid system), with a minimum of cul-de-sacs approved by the Director only in cases of topographical hardship. Street shapes should be varied with loop streets, curving crescents, eyebrows, ovals, and courts providing visual interest and traffic calming effects. Approved cul-de-sac streets may be no longer than 600 feet in length. Street patterns shall be designed to respect and follow existing terrain as much as possible to minimize earthmoving and disruption of the existing topography.

    3.

    New streets shall contribute to an inter-connected network and meet all of the following standards:

    a.

    Location of the new street shall be reviewed and approved by the Gwinnett DOT. Such approval shall be contingent on a finding that the new street will serve a public purpose such as improving traffic safety, reducing traffic congestion, or improving vehicular and pedestrian circulation and access to major thoroughfares.

    b.

    Right-of-way and design of the new street shall meet applicable requirements provided in this Section 210-225 and Chapter 360 of this UDO.

    c.

    Access to the new street shall not be gated.

    C.

    Pedestrian Connectivity.

    1.

    There shall be adequate separation of pedestrian walkways from automobile traffic within a development. Appropriate design elements or traffic calming measures, such as paving material variation or barrier (structural or spatial) shall be provided to distinguish vehicular and pedestrian access points.

    2.

    Safe, convenient, and continuous pedestrian walkways shall be provided:

    a.

    Between building entrances for all buildings in the same block.

    b.

    Along both sides of the street frontage of all streets.

    c.

    Through parking lots and parking structures at regular intervals connecting to building entrances and the public sidewalks on surrounding streets.

    210-225.3Public Improvements.

    A.

    Sidewalks shall be provided as required in Section 900-90.

    B.

    Multiuse Paths shall be provided on one side of streets classified as arterials and shall comply with Section 900-100. Eligible FAR Bonus, if applicable, may be granted by the Director for multiuse paths constructed on all streets, except arterials, and any other locations within the development in accordance to Table 210.7.

    C.

    Crosswalks and pedestrian crossing signage shall be provided consistent with the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD) and AASHTO, as per Gwinnett DOT approval.

    D.

    Greenway Access.

    1.

    Greenways shall be provided in accordance with the Gwinnett County Open Space and Greenway Master Plan and maintained in accordance to Sections 900-110, and other applicable sections of the UDO. Final location of the greenways shall be coordinated with the Department of Community Services.

    2.

    If a project abuts a greenway, then a multiuse path shall be provided connecting to the greenway for pedestrian and bicycle use.

    210-225.4Access Easements and Inter-parcel Access.

    A.

    Inter-parcel access, joint driveways, cross-access drives, and access easements shall be provided, as follows, except where the Director determines that they are infeasible because of topographic or other site-specific constraints:

    1.

    Inter-parcel driveway connection or provision of a future inter-parcel driveway stub (with appropriate cross-access easements) shall be required between adjacent non-residential properties on arterials or major collectors designated on the Gwinnett County Long Range Road Classification Map;

    2.

    Joint driveways and cross-access easements shall be established for non-residential tracts wherever feasible along streets classified as arterials or major collectors on the Gwinnett County Long Range Classification Map;

    3.

    Roads are to be designed with a design speed of 25 mph and a two-way travel aisle, with a minimum of 20 feet to accommodate automobiles, service vehicles, and loading vehicles;

    4.

    Driveway aprons, stub-outs, and other design features or traffic calming features may be required by the Director or Gwinnett DOT to indicate cross access or service drive for traffic safety or per County standards.

    210-225.5Parking Management.

    A.

    Vehicle Parking.

    1.

    The minimum number of required off-street parking spaces shall be as provided in Chapter 240 or in accordance to the following standards, whichever is lower:

    a.

    One parking space is required for each 400 square feet of gross floor area of non-residential use.

    b.

    One and one half (1.5) parking spaces are required for each residential dwelling unit.

    c.

    The number of required off-street parking spaces may be reduced in equal number by the number of on-street parking, spaces as provided in Chapter 245, On-Street Parking, or by a shared parking agreement as described in Section 240-30, Reduction in Minimum Parking Requirements.

    2.

    All off-street parking must be located to the side or rear of the principal buildings within MU-N and MU-C Districts and screened from residential districts per Section 620-80, No Access Easement Screening Requirements, and the UDO Design Guidelines. Off-site parking in the front yard is not permitted within MU-N and MU-C Districts. In MU-R, no more than 20 percent of the required parking for a building shall be in parking lots located between the facade of the building and the street on which the building faces.

    B.

    Bicycle Racks.

    1.

    All uses that are required to provide off-street parking spaces for motorized vehicles also shall provide bicycle racks consistent with each of the standards below:

    a.

    Uses that require more than 100 off-street parking spaces for motorized vehicles shall provide at least one bicycle rack space for every 50 parking spaces required for motorized vehicles.

    b.

    No single building shall be required to provide more than 20 bicycle rack spaces.

    c.

    Bicycle racks shall be located outside of the street right-of-way, in a well-lighted area, no more than 100 feet from the intended use area or building.

    C.

    Transit-oriented Development Parking.

    1.

    The Director may grant an administrative variance to reduce by no more than 20 percent the number of required parking spaces for uses that are located along pedestrian walkways and within 1,320 feet of a fixed public transportation stop.

    210-225.6Building Services.

    A.

    Off-street loading and servicing areas shall be located to the rear of all buildings or screened from public view by a Type 4 Landscape Strip as described in the UDO Design Guidelines.

    B.

    Walls shall be constructed of materials and colors that are compatible with those of the principal building facade.

    C.

    Access ways and loading areas used for delivery trucks, service vehicles, and driveway and loading areas for garbage trucks shall provide safe means of ingress and egress from public streets such that delivery vehicles and garbage trucks are not required to back into streets classified as arterials or collectors on the Gwinnett County Long Range Road Classification Map.

    D.

    All access ways and loading areas shall provide a minimum horizontal and vertical clearance of 14 feet at all points.

    E.

    Mechanical equipment located at ground level and roof level shall be screened from view from all streets and public right-of-ways with screening walls or landscaping consistent with the Architectural Design Standards and the UDO Design Guidelines.

    F.

    Dumpsters shall be screened as provided in the Architectural Design Standards.

    210-225.7Transition Height along Exterior Boundaries.

    A.

    All buildings, or portion thereof, located within 50 feet of a residential district of lower density shall have a maximum height equal to that of the adjacent district.

    B.

    All buildings, or portions thereof, located beyond the initial 50 feet from a lower residential district shall have a setback at 45 degree angle, measured from the height of 35 feet, and 50 feet from the property line common with such residential district and as illustrated in the UDO Design Guidelines.

    C.

    All buildings within the Mixed-Use Districts are subject to the maximum height and setbacks as established in Table 210-9 Dimensional Standards.

    210-225.8Dimensional Standards.

    A.

    All Mixed-Use districts shall meet the dimensional standards as listed in of Table 210.9, Dimensional Standards, and minimum heated floor areas as stipulated in Table 210.10, Dwelling Unit Floor Area. There are no minimum lot sizes; however, the district size shall meet the project area standards as stipulated.

    Table 210.9. Dimensional Standards.

    Project Area Standard Off Internal Streets or Private Driveways
    District Minimum Maximum Road
    Frontage
    Max. Height FAR/
    Density
    Front (1) Side (1) Rear
    MU-N 7 ac. 20 ac. 40 ft./lot 45 ft. 0.4 FAR; 8 d.u./ac. 5-15 ft. 10-20 ft. 25-40 ft.
    MU-C 10 ac. None 40 ft./lot 60 ft. 1.0 FAR; 10 d.u./ac. 5-15 ft. 10-20 ft. 25-40 ft.
    MU-R 15 ac. None 40 ft./lot up to 300 ft. or 25 stories (varies per bonus) 0.4-5.0 FAR; up to 96 d.u./ac. (varies per bonus) 5-15 ft. 10-20 ft. 25-40 ft.
    Exceptions: (1) Front setbacks are permitted within the range of 5 ft. to 15 ft., unless abutting classified streets. Lots abutting a classified arterial or collector street shall have a minimum of 20 ft. front and side setbacks.

     

    Table 210.10. Dwelling Unit Floor Area

    MU-N,
    MU-C,
    MU-R
    Minimum Heated Floor Area
    Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 4-Bedroom
    600 sq. ft. 750 sq. ft. 1,000 sq. ft. 1,200 sq. ft. 1,450 sq. ft.

     

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

    210-225.9Landscape, Buffers, and Tree Protection.

    A.

    The purpose of landscape requirements in Mixed-Use Districts is to provide for flexibility of design based upon the pedestrian and vehicular connectivity, the type of common space areas, architectural design, and density, while the objective is to maintain the health and well-being of the trees.

    B.

    Buffers and tree protection shall be in conformity with Chapters 600 through 640 of this UDO.

    C.

    Trees within the Mixed-Use Development must meet street tree, parking lot tree and 16 tree density units per acre requirements. Street trees may count towards meeting the tree density units.

    1.

    Street trees.

    a.

    Trees on major entry drives throughout the development shall be canopy trees.

    b.

    Trees on local streets throughout the development may be canopy or small trees.

    c.

    If tree wells are provided within sidewalks, a tree grate, or pavers shall be provided for each tree. Engineered soils and irrigation for each tree is required. An owner or developer shall submit to the Department the engineered soil specifications prior to issuance of development permit. Details of the tree grates are required to be on the plan.

    2.

    Parking Lot Trees.

    a.

    Parking rows shall terminate with a planting island unless adjacent to a landscape strip.

    b.

    Recommendations for parking lot planting area designs:

    i.

    The use of elongated planting strips that is perpendicular to the parking stalls;

    ii.

    Irrigation and a long term maintenance plan for newly planted trees and shrubs; and,

    iii.

    The use of at-grade planting areas (bioswales) in parking lots to promote stormwater runoff treatment.

    D.

    Screening Off-Street Parking Lots.

    1.

    Off-street parking lots may be screened from adjacent roadways and sidewalks by a Type 1 landscape strip consistent with the UDO Design Guidelines.

    E.

    If landscape strips are provided within the right-of-way they shall be a minimum of 5 feet in width, measured from back of curb and sidewalk.

    F.

    Individual lot trees are not required on detached residential lots.

    210-225.10Streetscape Design.

    A.

    The location and specifications of other improvements in public right-of-ways, including street lights, bike racks, trash receptacles, benches, street trees, and landscaping, shall be as provided in accordance with the UDO Design Guidelines and the following design criteria:

    1.

    Lighting.

    a.

    A unified lighting plan must be submitted with the concept plan for approval by the Director in according to Section 240-100 and other sections as applicable. Such lighting must provide adequate vehicular and pedestrian visibility and security of on-site areas such as building entrances, parking, service delivery and pedestrian walkways. Light fixtures shall include glare shields to limit direct rays onto adjacent residential properties. Such lighting plan must include typical designs for shielded light fixtures, light poles, and lighting levels that are compatible with or complement the surrounding developments.

    2.

    Pedestrian amenities.

    a.

    Public gathering areas shall be designed with appropriately scaled and thematic site furnishings or amenities such as decorative seating, planters or water fountains. Site furnishings and amenities shall be located outside of the street right-of-way and be privately maintained.

    b.

    Materials should be durable and variable in texture, color and form. Plastic or petroleum-based resin materials are prohibited.

    3.

    Landscaping shall be separated from vehicular uses by some form of barrier such as high back concrete curb, bollards, curb stops, or other suitable permanent alternative.

    210-225.11Utilities.

    A.

    All existing and proposed utilities located along streets in the Mixed-Use Districts, except for substations and major electric transmission lines located on separate easements, are required to be placed underground or relocated to the rear of the property so that they will be less visible from streets.

    210-225.12Signs. Signs for buildings with an individual use or tenant shall be permitted in accordance with the Gwinnett County Sign Ordinance.

    210-225.13Building Design.

    A.

    The applicant for a building permit in the Mixed-Use District shall prepare and submit preliminary architectural plans and elevations of all buildings for review by the Director. The Director shall review such plans and elevations in order to determine if they conform to the Gwinnett County Architectural Design Standards and are substantially consistent with the UDO Design Guidelines.

    B.

    Odor Scrubbing.

    1.

    Where residential uses are located with other non-residential uses within the same building, odor scrubbing equipment shall be required of the non-residential tenant to eliminate obnoxious odor as deemed appropriate for each use.

    C.

    Doors and Entrances.

    1.

    Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

    2.

    Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

    210-225.14Outdoor Operations.

    A.

    All uses and operations except off-street parking, off-street loading and delivery and walk-up customer service windows shall be conducted completely within enclosed buildings, except as follows:

    1.

    Outdoor seating for restaurants shall be subject to the supplemental use regulations of Section 230-130 and be located outside of the street right-of-way.

    2.

    Outdoor display or sales of merchandise shall be subject to the supplemental use regulations of Section 230-130 and be located outside of the street right-of-way.

    210-225.15Property Owners Association.

    A.

    Common areas, stormwater management facilities, floodplain and wetland areas shall be owned in fee-simple by a mandatory property owner's association or approved entity. The developer shall record the deed to the common area prior to, or concurrent with, the recording of the first final subdivision plat.

    B.

    The property owner's association, or other approved entity shall be responsible for the continuous maintenance and protection of buffers, common areas, and recreation areas established pursuant to this Section.

    C.

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

    1.

    Governance of the association by the Georgia Property'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.

    2.

    Responsibility for maintenance of the open space or common area.

    3.

    Responsibility for insurance and taxes.

    4.

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

    5.

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

    6.

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

    210-225.16Application Process. The Mixed-Use rezoning process shall follow the process for rezoning as prescribed in Section 270-20 with the following modifications:

    A.

    All such rezoning applications shall be accompanied by a Zoning Exhibit for review and approval by the Director. The Zoning Exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in Sections 210-190 through 210-225 as applicable.

    B.

    If the rezoning application is approved by the Board of Commissioners, then such rezoning shall be conditioned to the applicant's developing in substantial conformity with the Zoning Exhibit, including any modifications or conditions approved by the Board pursuant to its deliberations on the application.

    C.

    Zoning exhibit approval shall not constitute entitlement to permits.

    D.

    Each applicant for the mixed-use district shall provide evidence of the unified control of the entire parcel. During the development process, more than one owner may participate in the development of the approved plan so long as each parcel of land remains subject to all of the terms and conditions of the Zoning Exhibit approved for the property as a whole.

    210-225.17Zoning Exhibit. As part of the application for rezoning, an exhibit shall be submitted that includes the following information:

    A.

    A location map showing the boundaries of the property with the current zoning of the property, as well as zoning on adjacent properties.

    B.

    A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, dwelling sizes, off-street parking, on street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetlands, topography and common space.

    C.

    Specifications, calculations and applicable percentages for common area, density calculations, lot sizes, land use, gross and net acreage, dwelling units, and parking.

    D.

    Color elevations of front, sides and rear of all typical units, including proposed building materials, building heights and any other structures.

    E.

    Other architectural and engineering data necessary to demonstrate conformity with applicable standards of the district and with the Architectural Design Guidelines in the Appendix of the UDO.

    F.

    Conceptual Signage Plan.

    210-225.18Phasing Plan. A phasing plan shall be submitted with the Concept Plan, and approved by the Director, unless the entire development is to be completed at one time. Such phasing plan shall describe and illustrate in written and graphic format the incremental implementation of the Mixed-Use development over a number of years, including the sequence, timing and responsibility for construction of each building, support facilities, infrastructure and utilities. The revision of the phasing plan is permitted and must be approved by the Director prior to each construction phase.

    210-225.19Concept Plan. A Concept Plan must be submitted and approved by the Director after the rezoning process and prior to submittal of an application for a Development Permit. The purpose of the Concept Plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The Concept Plan shall be developed in substantial conformance with the Zoning Exhibit approved by the Board of Commissioners, along with any conditions added thereto by the Board of Commissioners, according to the plan and plat guidelines listed in Chapter 320.

    210-225.20Building Plans. Prior to issuance of a building permit for any occupied structure to be located within a Mixed Use District, the builder shall provide architectural plans and elevations at a scale no smaller than 1/8"=1'-0" that demonstrate compliance with the requirements of the Architectural Design Standards. The Director shall have the authority to review and approve building plans for conformity with the requirements of Sections 210-200, 210-210, 200-220, and 210-225 and the UDO Design Guidelines.

    210-225.21Other Requirements. The applicant shall adhere to all other applicable requirements of this Ordinance and other applicable requirements of Gwinnett County. In any case where the standards and requirements of this district conflict with other provisions of the Gwinnett County Code of Ordinances, the requirements of this district shall govern.

    Section 210-230.   M-1 Light Industry District.

    210-230.1Purpose and Intent. The M-1 Light Industry District is comprised of lands that are located on or have ready access to a Major Street or State Highway and are well adapted to industrial development but whose proximity to residential or commercial districts makes it desirable to limit the intensity of industrial operations and processes. This district limits industrial, manufacturing and warehousing uses to those which are wholly conducted indoors, with the exception of outdoor storage which is screened and situated in a side or rear yard.

    210-230.2Permitted Uses. Uses permitted in the M-1 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses provided they comply with the Supplemental Use Standards of Section 230-130.

    210-230.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the M-1 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-230.4Special Uses. Special uses may be permitted in the M-1 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 and may be subject to the additional Supplemental Use Standards established in Section 230-130 of the UDO.

    210-230.5Property Development Standards. Property in the M-1 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.

    Section 210-240.   M-2 Heavy Industry District.

    210-240.1Purpose and Intent. The M-2 Heavy Industry District provides a location for industrial operations and processes conducted both indoors and outdoors, and which due to their intensity of use, should be located on or have ready access to a major thoroughfare or State Highway, and not in close proximity to residential areas.

    210-240.2Permitted Uses. Uses permitted in the M-2 District are as listed in the UDO in Section 230-100 Table of Permitted and Special Uses, provided they comply with the Supplemental Use Standards of Section 230-130.

    210-240.3Accessory Uses and Structures. Accessory uses and structures shall be permitted in the M-2 District in accordance with Section 230-100 Table of Permitted and Special Uses and provisions detailed in Section 230-120 Accessory Use Standards of the UDO.

    210-240.4Special Uses. Special uses may be permitted in the M-2 District in accordance with Section 230-100 Table of Permitted Uses. Special uses shall be subject to approval of a Special Use Permit as provided in Section 270-30 subject to Supplemental Use Standards established in Section 230-130 of the UDO.

    210-240.5Property Development Standards. Property in the M-2 District shall be developed in accordance with Section 230-10 Dimensional Standards of Zoning Districts and the applicable site related provisions contained in Title 3 of the UDO.