Appendix A. UNIFIED DEVELOPMENT ORDINANCE

Chapter 230. Standards Applying To All Districts

§ 230-100. Table of Permitted and Special Uses.

Latest version.

230-100.1 The uses set forth in the table below shall be permitted only as listed within each zoning district and only in the manner so listed. Any use not listed in said table shall be prohibited, except as contained herein. Additionally, for any use not listed in said table, the director shall have the authority to determine the most appropriate zoning district(s) and/or Special Use Permit requirements for such use, after receiving documentation from the property owner adequately outlining and describing the specific details of the proposed use.

P: A permitted use.

S: A use requiring a Special Use Permit subject to approval following the application procedures and requirements in Section 270-30 of the UDO.

A: An accessory use subject to the requirements specified and generally applicable to accessory uses.

230-100.2 Any use not listed with the letter P, S, or A in a particular zoning district shall be prohibited in that zoning district, unless it is a non-conforming use lawfully established prior to the effective date of the ordinance or amendment that rendered it legally non-conforming. See Chapter 260.

230-100.3 Any use listed with a "Y" in the column headed by the words "Supl. Reg." in the table below shall satisfy the applicable supplemental use standards established in Section 230-130 of this Chapter, in addition to the development regulations of the district in which it is located.

230-100.4 Restrictions on the location of telecommunication facilities in certain zoning districts are provided in the Gwinnett County Telecommunications Tower and Antenna Ordinance.

230-100.5 Restrictions on the location and operation of adult establishments are provided in Section 230-130.

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

230-100.6 Restrictions on the location and operation of temporary outdoor activities are provided in the Temporary Outdoor Activity Ordinance. Temporary outdoor activities shall also meet the parking requirements of Chapter 240 of this UDO.

230-100.7 All uses identified in the following table are intended to mean: 1) terms as may be specifically contained in the definitions section of this ordinance; and, 2) to have the commonly accepted definitions contained in the most recent edition of the Merriam-Webster Dictionary.

Table 230.4

Uses

Supl. Reg.

RA-200

R-LL

R-100

R-75

OSC

R-60

TND

R-SR

R-TH

RM-13

RM-24

HRR

O-R

O-I

C-1

C-2

C-3

MU-N

MU-C

MU-R

M-1

M-2

Agricultural and Rural Recreational Uses

Agricultural Uses (crop or animal production)

Beekeeping

Community Garden

Country Clubs and Golf Courses

Equestrian Facility, Riding Stables or Academy

Fishing Club or Fishing Pond

Forestry and Logging

Golf Driving Range

Greenhouse or Plant Nursery (wholesale)

Kennel or Pet Boarding

Livestock Sales Pavilion or Auction Facility

Livestock, keeping of (for personal utility)

Shooting and Archery Ranges and similar outdoor recreation facilities

Wild Animals, keeping of

Winery

Commercial and Retail Uses

Adult Establishment

Ambulance or Medical Transport Company

Antique Shop

Appliance Repair Shop

Art and School Supply Store

Auction House

Automatic Teller Machine

Automobile Accessories Sales and Installation

Automobile Auction

Automobile Body Repair and Painting

Automobile Brokerage

Automobile Customization, Modification and Rebuilding

Automobile Parts Store (with installation)

Automobile Parts Store (without installation)

Automobile Repair Shop, Lubrication and Tire Store

Automobile Sales and Related Service

Bed and Breakfast Inn

Bicycle Shop

Billboard or Oversized Sign

Boat and Marine Equipment Sales and Service

Book, Music and Media Store

Building Materials Sales (wholesale)

Building Materials Sales (retail)

Camera/Photographic Supply Store

Car Wash (express-service)

Car Wash and/or Detailing (full-service)

Car Wash (self-service)

Catering Service

Cellular Phone Store

Check Cashing or Payday Loan Facility

Clothing, Apparel and Shoe Stores

Convenience Store (with or without fuel pumps)

Copy, Blueprint or Printing Shop

Department Store

Discount Department Store, Big-Box Specialty Store or Supercenter

Dollar or Variety Store

Driving Instruction/DUI School

DUI School

Electronics and Computer Stores

Emissions Inspection Station

Farmer's Market (off-site products)

Farmer's Market (on-site products only)

Fireworks Sales, ancillary use

Fireworks Sales, principal use

Florist or Flower Shop

Food Store, Specialty (butcher, greengrocer; bakery)

Funeral Home

Furniture or Home Furnishings Store

Garden Supply Center

Gift Shop or Greeting Card Shop

Grocery Store

Hair Salon, Beauty Parlor or Barber Shop

Hardware Store

Health Club, Spa or Fitness Center

Home Improvement Store

Hookah/Vapor Bar or Lounge

Hotel or Motel

Ice Vending Machines, Bulk

Interior Decorating Shop

Jewelry Store

Laundry or Dry Cleaners

Lawn and Garden Equipment Sales and Service

Locksmith

Lounge or Nightclub

Massage, Therapeutic

Motorcycle and Personal Watercraft Sales and Related Service

Motorcycle and Personal Watercraft Service and Repair

Motorcycle, Scooter and ATV Sales and Related Service

Motorcycle, Scooter and ATV Service and Repair

Motorcycle Parts, Accessories and Apparel Store

Motorcycle Parts, Apparel and Accessories Store (without installation)

Movie Theater, Cineplex or Multiplex

Musical Instrument Store

Outdoor Sales, Storage or Display (retail)

Palm/Psychic Reading and Fortune Telling

Parking Garage or Lot

Pawn Shop (general)

Pawn Shop (jewelry only)

Pet Grooming

Pet Shop or Pet Supply Store

Pharmacy or Drug Store

Pool or Billiards Halls

Precious Metals Dealer

Recreation and Entertainment Facility (indoor)

Recreation and Entertainment Facility (outdoor)

Recreational Vehicle Park or Campground

Recreational Vehicle Rental, Sales and Service

Rental, Automobile

Rental, Furniture and Electronics

Rental, Heavy and Farm Equipment

Rental, Light Equipment and Tool

Rental, Truck and Trailer

Repair Shop, Electronics and Small Appliance

Repair Shop, Shoe and Leather

Restaurant (coffee shop, doughnut shop or ice cream parlor)

Restaurant (drive-in or drive-thru fast food)

Restaurant (full service)

Self-Storage or Mini-Warehouse Facility

Shooting Ranges, Indoor

Smoke Shop or Novelty Shop

Sporting Goods Store

Sports Training Facility (indoor)

Sports Training Facility (outdoor)

Stone Yard or Stone Cutting

Studio, Art

Studio, Dance or Martial Arts

Studio, Photography

Swimming Pool Sales Facility

Swimming Pool Supply Store

Tailor, Dressmaker, Sewing Shop

Tanning Salon

Tattoo and Body Piercing Parlor

Taxi or Limousine Service

Title Loan Facility

Toy Store, Hobby Shop or Game Store

Travel Agency

Truck Sales, Leasing and/or Service, Heavy

Wholesale Membership Club

Industrial and Manufacturing Uses

Aircraft Factory

Aircraft Hanger and Maintenance

Aircraft Landing Field

Alcoholic Beverage Plant/Distillery

Asphalt Plant

Automobile Manufacturing Plant

Automobile or Truck Storage Lot (excl. junk/wrecked vehicles)

Baking Plant

Beverage Bottling Plant

Bulk Storage Tank (accessory use)

Bulk Storage Tank (principal use)

Cabinet Shop

Call Center

Caretaker or Watchmen Quarters (accessory)

Carpet and Upholstery Cleaning Service

Cement, Concrete or Masonry Plant

Chemical Plant (non-pharmaceutical)

Clothing, Apparel or Shoe Manufacturing

Cold Storage Plant

Composting Facility (municipal solid waste)

Composting Facility (yard trimmings)

Contractors Office, Building Construction

Contractors Office, Heavy/Civil Construction/Logging

Contractors Office, Landscape

Contractors Office, Specialty Trade

Convention Facility

Data Center

Depot / Passenger Terminal (bus or rail)

Distribution Facility

Die Casting Works

Electronics Waste (e-waste) Collection/Recycling

Explosives Plant/ Storage

Fat and Bone Rendering Plant

Feed Processing Facility

Fertilizer Plant

Food Processing/Packaging/Canning Plant (other than poultry/meat processing)

Heavy Equipment or Farm Equipment Sales or Service

Ice Manufacturing/Packing Plant

Janitorial and Maid Services

Laboratory (medical or dental)

Laboratory, Research and Testing Facility

Landfill

Laundry/Dry Cleaning Plant

Lawn Treatment Service

Liquid Waste Treatment/Recycling

Machine Shop

Maintenance Shop (automobile or truck fleet vehicles)

Manufactured Building or Mobile Home Sales

Manufacturing or Assembly Plant

Metal Smelting/Forging Works

Movie Studio

Moving Company

Outdoor Storage (other than junk/salvage yards)

Quarrying, Mining, Borrow Pit

Paper/Pulp Mill

Pest Control/Extermination Business

Petroleum Refinery/Processing Plant

Pharmaceutical Manufacturing Plant

Photo Processing Plant

Plastics Extrusion Plant

Plumbing Equipment Dealer

Poultry/Meat Processing Plant

Printing, Bookbinding or Publishing Plant

Radio or Television Station/Studio

Railroad Repair or Storage Yard

Recording/Rehearsal Studio

Recovered Materials Processing Facility

Research or Testing Facility (indoor)

Research or Testing Facility (outdoor)

Salvage Operation or Junk Yard

Sawmills and Logging Facility

Scrap Tire Processing, Grinding or Retreading

Self-Service Ice Manufacturing/Vending Machine

Septic Tank Pumping Company

Slaughterhouse

Soft Drink Bottling/Distribution Plant

Solid Waste Transfer Station

Studio, Movie

Sugar Refinery

Tannery/Leather Processing

Taxidermist

Textile or Carpeting Factory

Towing/Wrecker Service and Impound Lot

Tree Service and Log Splitting

Truck Terminal or IntermodalTerminal

Trucking and Hauling (dirt, gravel, sand, etc.; incl. stockpiling)

Upholstery Shop

Waste Incineration Facility

Welding Shop

Wholesaling and Warehousing (accessory retail <l 5%)

Wood Chipping and Shredding, Log Splitting

Office, Institutional, and Cultural Uses

Acupuncture

Animal Hospital or Veterinary Clinic

Art Gallery

Bail Bonding Company

Bank or Financial Services Institution

Blood Plasma Donation Center

Cemetery or Mausoleum

Cemetery, Family

Club, Lodge, or Fraternal Organization

Community Center or Cultural Facility

Corporate Training and Education Centers

Counseling Center

Crematory (accessory use)

Crematory (principal use)

Day Care Facility

Hospice Home

Hospital

Human Services Ministry

Medical Office or Clinic

Meditation Center

Museum or Library

Nursing Home

Office (business)

Office (professional)

Office Park

Office/Showroom Facility

Place of Worship

Residential Rehab. Center

School or College, Business/Career (for profit)

School, Montessori

School, Private (College or University)

School, Private (Primary and Secondary)

School, Trade or Vocational

Shelter, Community

Shelter, Residential

Special Events/Banquet Facility or Rental Hall

Stadium, Concert Hall or Amphitheater

Tutoring and Learning Centers

Residential Uses

Child Caring Institutions (CCI)

Community Living Arrangement or Host Home (CLA)

Customary Home Occupation

Day Care Facility (family)

Day Care Facility (group)

Dormitory

Dwelling, Accessory

Dwelling, Boarding or Rooming House

Dwelling, Duplex

Dwelling, Live/Work

Dwelling, Loft

Dwelling, Mobile or Manufactured Home

Dwelling, Multifamily

Dwelling, Single Family Detached

Dwelling, Townhouse

Dwelling, Villa

Dwelling, Zero Lot Line

Personal Care Home, Congregate

Personal Care Home, Family

Retirement Community, Continuing Care

Retirement Community, Independent Living

230-120.1 Accessory uses shall also be subject to other sections of this Chapter 230.

(Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.2 All accessory buildings, structures and uses of land shall be clearly subordinate to and supportive of the principal use and located on the same lot as the principal use to which they are accessory.

(Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.3 All accessory buildings or structures shall be located in the rear yard unless explicitly stated otherwise in this section. Nothing in this subsection shall be deemed to require the removal of any previously permitted and constructed accessory building or structure that was properly permitted and constructed in the side yard of the principal structure.

(Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.4 No accessory uses or structures except driveways and individual mailboxes shall be located within the public right-of-way. Landscaping shall not be located within the public right-of-way unless approved by Gwinnett County Department of Transportation.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.5 Accessory buildings, structures or uses shall not be allowed in the side yard of a corner lot that faces a public street, except those permitted within a front yard.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.6 Accessory buildings or structures shall not be erected on a lot prior to the time of construction of the principal building to which it is accessory.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.7 Accessory buildings or structures shall not be utilized unless the principal structure is also occupied.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.8 Except as provided herein, accessory buildings and structures shall observe the following setback requirements adjacent to all property lines and right-of-way:

Up to 100 square feet in area ..... 5-foot setback

ii.

101 to 300 square feet ..... 10-foot setback

iii.

301 to 500 square feet ..... 15-foot setback

iv.

Over 500 square feet ..... 20-foot setback

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.9 Driveways, fences and walls may be located up to a property line.

(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14; Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.10 In all zoning districts, the following accessory uses and structures shall be allowed in front yards: fences, walls, gates and gatehouses, signs, mailboxes, covered mail kiosks, sidewalks, walkways, driveways, parking pads, parking lots, parking decks, lampposts, flagpoles, birdbaths, birdhouses, arbors, trellises, and landscaping.

In the RA-200 zoning district, provided the lot is a minimum of three acres in size, the following shall also be allowed in front yards: barns and stables, silos, animal enclosures and agricultural buildings that are customarily related to commercial farming.

In all residential zoning districts, except RA-200, the following shall also be allowed in front yards: basketball goals adjacent to driveways.

In all non-residential zoning districts, the following shall also be allowed in front yards, as applicable: fountains, statuary and similar decorative features; gasoline pumps and canopies; cart corrals; vacuum stands and canopies; donation collection boxes in compliance with the requirements of Section 230-130 of this UDO.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.11 In all districts, satellite dish antennas shall be permitted as accessory structures subject to the following restrictions:

Located only in rear yards, unless it can be documented that reception is impaired by such a location. In this case, an antenna would be permitted in a side yard, but not a front yard.

Satellite dish antennae larger than 18 inches in diameter shall not be located on the roof of a residential building.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.12 Except as provided herein, any variation from the requirements in this section shall require a variance to the Zoning Board of Appeals as specified in Section 270-100 of the Unified Development Ordinance.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.13 In all residential zoning districts, except RA-200, the following requirements shall apply to all accessory buildings:

The maximum cumulative total square footage of all accessory buildings shall be based on lot size as follows:

Lots under 10,500 square feet ..... 120 square feet in area

ii.

Lots 10,501 square feet to 0.99 acre ..... 500 square feet in area

iii.

Lots 1.00 acre to 1.99 acres ..... 650 square feet in area

iv.

Accessory buildings on lots 2.00 acres and larger shall not exceed 50 percent of the square footage of the principal structure, up to a maximum 1,000 square feet in area.

Accessory buildings shall not be used for any commercial operation whether permanent or part-time or for any type of human habitation except as part of an approved accessory dwelling, as provided in Section 230-100 and subject to the requirements of Section 230-120.

Accessory buildings shall not be used for the storage of hazardous materials, waste products or putrescent materials.

No commercial vehicles as delineated in Section 240-110 shall be stored inside an accessory building located within a residential zoning district.

Accessory buildings greater than 120 square feet in floor area shall abide by the following design guidelines subject to review and approval of the Director of Planning and Development:

Exterior walls shall be finished with brick or stone or with materials and colors similar to that of the principal building.

ii.

Internal floors shall be a solid surface and constructed with materials such as, but not limited to, concrete or wood. Gravel and dirt floors are prohibited.

iii.

Roofing materials and colors shall match that of the principal building. Roof pitch shall be commensurate with the roof pitch of the principal building.

iv.

Building height shall not exceed 12 feet.

A Special Use Permit shall be required for any accessory building or cumulative total of accessory buildings over 1,000 square feet in area.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

230-120.14 Dumpsters.

Location. Dumpsters shall be located in the rear or side yard a minimum of 5 feet from side and rear property lines. Dumpsters are not allowed in front yards. Dumpsters, including the enclosure structure, shall be located a minimum of 5 feet from a buffer.

Pad. Dumpsters shall be placed on concrete pads of sufficient size and strength to support the weight of service vehicles. The size of the pad shall not be less than 10 feet wide by 30 feet long.

Screening. Dumpsters that are not inside a building shall be surrounded by an opaque enclosure not less than 6 feet in height with access via an opaque gate. Dumpster enclosures shall have a finish consistent with the finish materials of the building façade and conform substantially with the UDO Design Guidelines.

Lid and Plug. Dumpsters shall be required to have lids and are prohibited from connecting to sanitary sewer utilities.

Overlay District. Additional requirements for dumpsters located in Overlay Districts can be found in Section 220-30.3.E.; Section 8.0.0 of the Architectural Design Standards for Accessory Structures and Site Accessories; and the UDO Design Guidelines, General Design.

Construction Dumpster. Dumpsters for construction and debris materials are allowed for 30 days or with an active building permit and are exempt from screening requirements.

(Ord. No. UDOA2015-00001(GCID No. 2015-0360), 4-28-15; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

Section 230-130. Supplemental Use Standards.

230-130.1 Purpose and Intent.

The purpose of these Supplemental Use Standards is to supplement Section 230-100, Permitted and Special Uses, by providing more specific standards for certain uses for which additional use restrictions, site development and/or design standards are necessary to ensure that they will be compatible with surrounding uses, have minimal impact on the environment, promote the health, safety and welfare of the community and meet the intent of the Gwinnett County 2030 Unified Plan.

These standards apply to specific uses in all zoning districts (unless otherwise noted) and shall be enforced by the Department.

Any use that is regulated by this Chapter and is authorized in a zoning district shall be developed in conformity with the applicable Supplemental Use Standards for that use provided in this Chapter. No permit shall be issued for a use, building or structure that does not conform to applicable provisions of this Chapter; except that, where any requirement of the Supplemental Use Standards conflicts with a condition of rezoning, special use permit or other action of the Board after adoption of the UDO, the condition shall prevail.

230-130.2 Applicability.

The uses, structures and related standards listed in the following Section are in alphabetical order.

The Supplemental Use Standards listed in the following Section are applicable as indicated in the Table of Permitted and Special Uses as requiring Supplemental Use Standards.

The Supplemental Use Standards listed in 230-130.4 apply to all such accessory uses and structures regardless of their location or underlying zoning, unless otherwise noted.

230-130.3 Supplemental Use Standards (Per Table of Permitted Uses). The rules, requirements and restrictions listed in this Sub-section are applicable as indicated in the Table of Permitted and Special Uses (Section 230-100) as requiring Supplemental Use Standards.

Adult Establishment. Adult Establishments shall conform to Chapter 18, Article XI and Chapter 86, Article IV of the Gwinnett County Code of Ordinances.

Agricultural Uses (crop or animal production). In agricultural zoning districts: corrals, stables, barns, pens, coops, chicken houses, and other similar animal quarters shall be located no closer than 100 feet to any property line.

Agricultural Uses (livestock).

In agricultural zoning districts: corrals, stables, barns, pens, coops, chicken houses, and other similar livestock quarters shall be located no closer than 100 feet to any property line.

In non-agricultural zoning districts: the raising and keeping of livestock for personal pleasure or utility on a parcel which contains the dwelling of the owner of the livestock is permitted, provided that the parcel is at least 3 acres in area and all animal quarters are located no closer than 100 feet to any property line.

Animal Hospital or Veterinary Clinic. A Special Use Permit shall be required if any outdoor run or pen is used to house or exercise animals.

Automobile, Truck or Vehicle Storage Lot (other than impound lot) . Automobile, Truck or Vehicle Storage Lots shall be subject to the following requirements and restrictions:

Storage lots for commercial vehicles, semis and/or tractor trailers shall be located on a site containing no less than 10 acres.

The entire lot shall be surrounded by a 15-foot in depth buffer adjacent to any public street, a 25-foot in depth buffer adjacent to a non-residential zoning district, and a 50-foot in depth buffer adjacent to any mixed-use or residential zoning district.

A security fence or wall is required enclosing the lot. The security fence or wall shall meet the requirements of Section 230-80.

No outdoor sound amplification device is permitted.

No inoperable or junk vehicles are permitted.

Outdoor lighting shall consist of cut-off luminaires that shall be directed inward so as not to direct light onto adjacent residential property. When adjacent to residentially-zoned property, any outdoor light fixtures shall not exceed 35 feet in height.

Automobile Brokers. Automobile Brokers shall be subject to the following restrictions:

The brokerage shall be limited to office activities only.

Vehicles for sale or lease shall not be delivered to, displayed or parked on the premises at any time.

Maintenance, repair, refurbishing, washing or detailing of automobiles on the premises is prohibited.

Bed and Breakfast Inn. Bed and Breakfast Inns shall be subject to the following requirements:

The operator of the establishment shall reside on the site.

The use shall have a lot area of not less than 20,000 square feet and a floor area within the dwelling unit of no less than 2,500 square feet.

No guest shall reside in a Bed and Breakfast Inn for a period in excess of 14 days.

If located in a residential zoning district, the structure shall be compatible with the character of the neighborhood in terms of height, setbacks and bulk. Any modifications to the structure shall be compatible with the character of the neighborhood.

Guestrooms may not be equipped with cooking facilities.

In residential zoning districts, food may be served on the premises only for overnight guests and employees of the Bed and Breakfast Inn.

Beekeeping. In all non-agricultural residential zoning districts, beekeeping shall meet the following requirements:

Honey bees shall not be kept on lots containing less than ten thousand (10,000) square feet. No more than two colonies or hives, with only two swarms, shall be allowed per ten thousand (10,000) square feet.

Hives shall be marked or identified to notify visitors.

No hive shall exceed twenty (20) cubic feet in volume.

No hive shall be located closer than ten (10) feet from any property line.

No hive shall be located closer than fifty (50) feet from a public right-of-way or twenty-five (25) feet from the principal building on an abutting lot.

A constant supply of water shall be provided for all hives.

A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof.

Any colony or hive which becomes a nuisance as defined by state law must be removed.

Abandoned colonies or hives and diseased bees shall be removed (this shall not prohibit the use of swarm traps).

Boarding or Rooming House. Boarding or Rooming Houses shall be limited to no more than six non-transient boarders.

Cemetery, Family Cemetery or Mausoleum. Except when accessory to a place of worship; cemeteries, family cemeteries and mausoleums shall conform to the following requirements:

The cemetery may front only on a street classified as a Collector or Arterial roadway or along a State Highway, and the entrance and exits to the cemetery shall only be from the classified street on which it fronts.

The cemetery shall be bordered by a 25-foot in depth buffer and a minimum six foot high decorative fence or wall along all of its exterior property lines not bordering the frontage street and not extending into the required front yard. The buffer strip shall be planted with evergreen trees or shrubs that grow at least eight feet tall and provide an effective visual screen. A 25-foot in depth buffer and a four foot high decorative fence or wall shall be installed along the right-of-way of any abutting public street.

Prior to the approval of a request to use property as a cemetery, a site plan and a covenant for perpetual care shall be submitted to the Department of Planning and Development. The covenant for perpetual care shall include measures to be undertaken to preserve, protect, and provide for ongoing maintenance including the fencing, landscaping, and gravesites.

The covenant for perpetual care and a plat of survey delineating the limits of the cemetery shall be recorded in the Gwinnett County Clerk of Superior Court (Deeds and Records).

Check Cashing Facility. Such facilities are allowed by-right as an accessory use when located internal to a Regional Shopping Mall, Discount Department Store or Supercenter, Grocery Store or Convenience Store. There shall be no exterior ground, wall or window signage accompanying the accessory use.

Child Caring Institutions (CCI). (Group Home for Children) Child Caring Institutions (CCI) facilities shall be located on a lot of at least one acre in size, and shall be limited to no more than eight residents.

Community Garden. Community gardens shall be subject to the following requirements:

The garden shall not be located within any required buffer.

Outdoor lighting shall be prohibited.

The garden shall be within a fully fenced area. See fence regulations in Section 230-80.

Signage shall be limited to a single, non-illuminated sign of no more than four square feet.

Gardening equipment and machinery must be stored in an enclosed, secure building or shed.

Retail sales shall be prohibited.

Composting is permitted on the premises if stored in a manner that controls odor, prevents insect or rodent infestation and minimizes runoff into waterways and onto adjacent properties.

The garden must maintain an orderly appearance, and may not be neglected or allowed to become overgrown or eroded.

If a community garden ceases operation, and is no longer desired by the owners, it shall be stabilized with grass, trees and/or shrubbery in accordance with a plan submitted for approval by the Director.

Community Center or Cultural Facility. In residential zoning districts, community centers or cultural facilities shall conform to the following requirements and restrictions. Residentially-zoned properties not meeting these requirements shall be required to obtain a Special Use Permit.

They shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway on a site of not less than five acres with 250 feet of road frontage.

The buildings shall be located not less than 50 feet from any street and not less than 30 feet from any side or rear property line.

Parking shall not be provided in the front building setback area.

A minimum 50-foot in depth buffer shall be provided adjacent to residentially-zoned properties.

In residential zoning, the following additional uses may be permitted as accessory to a community center or cultural facility only upon approval of a Special Use Permit:

Lighted outdoor ball fields, pools or similar recreation facilities.

Cemeteries or mausoleums.

Day Care Centers.

Kindergartens.

Private schools (K-12).

Health and social services: including out-patient clinics, transitional housing, shelters, and other similar facilities.

Community Living Arrangement (CLA) or Host Home. Community Living Arrangement (CLA) facilities and Host Homes shall be located on a lot of at least 1 acre in size, and shall be limited to no more than eight residents.

Composting Facility, Yard Trimmings. Yard Trimmings Composting Facilities shall meet the following design standards:

Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings or similar putrescent vegetative materials, not including animal products, inorganic materials such as bottles, cans, plastics, metals, or similar materials.

Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a 3-foot high landscape earthen berm with a maximum slope of three to one and/or a minimum 6-foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

Country Club. In the RA-200 zoning district, Country Clubs shall conform to the following requirements. Properties not meeting the street classification, acreage or road frontage requirements shall be required to obtain a Special Use Permit.

The main clubhouse entrance shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway, unless the entrance is located internal to a planned golf course residential development.

The property shall contain a minimum of ten acres and 300 feet of road frontage.

Adequate off-street parking shall be provided for the use.

The buildings and parking lots shall be located not less than 50 feet from any street and not less than 40 feet from any side or rear property line.

Any driving ranges shall be located not less than 50 feet from any street and not less than 100 feet from any side or rear property line.

Customary Home Occupation. Customary Home Occupations shall be subject to the following requirements and restrictions:

The home occupation shall be carried on only by a member or members of the family residing in the residence.

To the extent that there is any sale of any item or service related to the home occupation, no sale of that item or service may occur on the premises unless a Special Use Permit is granted by the Board of Commissioners.

The home occupation shall not involve group instruction or group assembly of people on the premises.

There shall be no exterior evidence of the conduct of a home occupation. Except for Hobby Breeding, the home occupation shall be conducted only within the enclosed living area of the home (including basement, if any). There shall be no display or storage of products, materials, or machinery where they may be visible from the exterior of the residence.

Except as contained herein, the conduct of the home occupation shall neither increase the normal flow of traffic nor shall it increase either on-street or off-street parking.

No equipment, supplies or materials may be utilized or stored in the conduct of the home occupation except those which are normally used for domestic or household purposes.

No more than 25 percent of the dwelling unit may be used for conducting the home occupation.

One business vehicle used exclusively by the resident is permissible. This vehicle may only be an automobile, pick-up truck, van or sport-utility vehicle.

Department Store; Discount Department Store or Supercenter. Such stores may offer automobile maintenance and tire service as a by-right accessory use, provided that junked or wrecked vehicles shall not be allowed on-site, and vehicles undergoing routine service are not kept on the property for more than 48 hours.

Dwelling, Accessory. Accessory dwellings shall only be located in a rear yard, and shall be subject to the following setback requirements:

Zoning District	Side Yard Setback	Rear Yard Setback
RA-200 and R-LL	20 feet	40 feet
R-100	10 feet (one yard) 25 feet (two yards)	20 feet
R-75	10 feet	20 feet
TND	5-15 feet	10 feet
O-R	10 feet	15 feet

Prior to occupancy of an accessory dwelling unit, the owner of the principal single-family dwelling shall apply for a Certificate of Occupancy for the accessory dwelling and pay a fee established by the Board of Commissioners. The Director shall arrange for an inspection of the subject accessory dwelling and certify that the requirements below are met.

Accessory dwellings shall be subject to the following requirements:

No more than one accessory dwelling unit per primary dwelling unit.

The primary dwelling unit shall be owner-occupied.

The accessory dwelling unit shall contain at least 400 square feet, but no more than 800 square feet, of heated living space.

The accessory dwelling unit shall be in a separate building from the primary dwelling unit.

The height of the building containing the accessory dwelling shall not exceed the height of the principal dwelling.

The accessory dwelling shall be constructed with the same or similar and compatible exterior style, materials, roof type and slope, doors, window style and proportions, color, trim and landscaping as the principal dwelling.

The windows of an accessory dwelling unit shall not be directly opposite windows of a principal dwelling on an abutting lot unless screened by a fence, wall or hedge, or separated by more than 50 ft.

An accessory dwelling unit shall contain a kitchen and at least one, but no more than two, bedrooms and at least one full bathroom.

Occupancy of the accessory dwelling shall be limited to no more than 2 persons (including minor children). The occupants of an accessory dwelling shall not be included in the calculation of occupancy for the primary dwelling or for the lot under the definition of a family.

10.

An accessory dwelling unit shall have at least one paved off-street parking space dedicated for the use, in addition to any parking spaces for the primary dwelling unit.

11.

An accessory dwelling shall have a separate electrical meter and service panel with main disconnect.

12.

An accessory dwelling shall have a backflow preventer and shut-off valve on the potable water service line.

Emissions Inspection Stations. Emissions inspection stations shall meet the following design standards:

The facility shall be located in a permanent non-combustible structure.

The structure shall include a designated indoor public waiting area (minimum three fixed seats) with restrooms; or as an alternative, shall provide the required designated indoor waiting area and restrooms upon the same lot, within 500 feet of the testing facility.

The facility shall provide a minimum of four paved parking spaces. Drive-through facilities shall also provide a paved stacking lane for a minimum of four vehicles. Parking spaces and stacking lane shall be striped.

If constructed in an existing parking lot, the facility and stacking lane(s) shall not occupy any required on-site parking space or encroach into any minimum required driveway width.

Equestrian Facilities, Riding Stables, or Academies. Stables, corrals, riding rings and other similar facilities shall be located no closer than 100 feet to any property line.

Family Personal Care Home. Family Personal Care Homes shall be located on a lot of at least one acre in size, and shall be limited to no more than eight residents.

Farmers' Markets (on-site products only). Any temporary or permanent structure for the sale of farm products shall be located no closer than 35 feet to any property line, and may be no larger than 1,000 square feet.

Fireworks Sales. Retail sales of fireworks shall be subject to the following restrictions:

Sales and storage of fireworks shall comply with all applicable federal, state and local regulations.

The sale of consumer fireworks as a principal use shall require approval of a Special Use Permit.

Ancillary sale of consumer fireworks shall be limited to convenience stores, discount department stores, dollar or variety stores, grocery stores, hardware stores, pharmacy and drug stores, sporting goods stores, and wholesale membership clubs.

Hookah/Vapor Bar or Lounge. Hookah/Vapor Bars or Lounges shall be subject to the following restrictions:

Smoking of hookah in any establishment that serves alcohol or food shall be prohibited.

Hours of operation shall not extend past 11:00 p.m.

Hookah bars and lounges shall not serve patrons under the age of 19.

AA.

Hotel or Motel . Hotels and Motels shall be subject to the following requirements:

Guest rooms shall be accessed internally to the building with no direct room access to the outside.

Each hotel/motel site shall be a minimum of two acres.

Each hotel/motel must provide management on duty 24 hours a day.

Each guest room shall be accessed with a magnetic keycard entry-locking device.

Outside storage of commercial equipment is prohibited.

No business license shall be issued for any business operating from any guest room of the facility.

Provide a 75-foot natural buffer, enhanced with an additional 25-foot landscaped buffer (total 100 feet) adjacent to residentially-zoned property.

BB.

Kennels and Pet Boarding. In agricultural zoning, dog runs, pens and other similar facilities shall be located no closer than 100 feet to any property line. In all other zoning districts any outdoor dog runs, pens or other similar facilities shall require approval of a Special Use Permit.

CC.

Landfills.

A landfill may be permitted in certain zoning districts of Gwinnett County by Special Use Permit, after a public hearing, provided the following conditions are met:

A minimum 200 foot in depth natural, undisturbed buffer shall be provided between all active waste burial areas and exterior property lines except for approved perpendicular access and utility crossings.

A minimum 75 foot in depth natural, undisturbed buffer shall be provided between non-waste disposal operations and exterior property lines except for approved perpendicular access and utility crossings.

The limits of any 100 year floodplain or a stream buffer of 200 feet, whichever is greater, shall be preserved as natural, undisturbed area except for approved perpendicular access and utility crossings.

The entire site shall be fenced with a minimum six foot high chain link security fence.

The landfill shall be located on or have direct private access to a road designated on the Long Range Road Classification Map as a major collector, minor arterial, major arterial, or principal arterial.

The applicant shall include with the Special Use Permit application a report detailing the phasing of the landfill and plans for closure and reclamation.

The following waste disposal activities, recycling facilities and recovery activities shall be permitted as accessory uses to landfills, unless otherwise stipulated by the Board:

Composting, Municipal Solid Waste.

Composting, Yard Trimmings.

Consumer Recycling Centers.

Gas Recovery/Gas Co-generation Plant.

Recovered Materials Processing Facility.

Solid Waste Transfer Stations.

DD.

Livestock, keeping of (for personal utility).

In agricultural zoning districts: corrals, stables, barns, pens, coops, chicken houses, and other similar animal quarters shall be located no closer than 100 feet to any property line.

In non-agricultural zoning districts: the raising and keeping of livestock (other than chickens) for personal pleasure or utility on a parcel which contains the dwelling of the owner of the livestock is permitted, provided that the parcel is at least 3 acres in area and all animal quarters are located no closer than 100 feet to any property line.

In non-agricultural residential zoning districts: the keeping of chickens for personal pleasure or utility on a parcel which contains the dwelling of the owner is permitted, subject to the following requirements:

The minimum lot size for the keeping of chickens shall be ten thousand five hundred (10,500) square feet.

Chickens must be kept securely in an enclosed yard or 6-sided pen at all times.

Minimum pen area for chickens shall be ten (10) square feet per chicken.

Chickens must be housed at least twenty (20) feet from any property line, and fifty (50) feet from any residence other than the owner's.

Any structure housing chickens must be located in the rear yard.

The keeping of roosters is not allowed.

The maximum number of chickens shall be as follows: Lots 10,500 square feet to 12,499 square feet: maximum of 3 chickens; lots 12,500 square feet to 24,999 square feet: maximum of 5 chickens; lots 25,000 square feet to 39,999 square feet: maximum of 8 chickens; lots of 40,000 square feet to 2.99 acres: maximum of 10 chickens; lots 3 acres or larger: no maximum.

Each coop shall have at least four (4) square feet of floor space per chicken over four (4) months old.

Chickens are only permitted as pets or for egg laying production; chickens cannot be kept for slaughter.

Chickens must be kept under sanitary conditions and shall not be a public nuisance as defined by State law.

EE.

Livestock Sales Pavilion or Auction Facility. Livestock Sales Pavilions or Auction Facilities shall meet the following standards:

Such facilities shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway.

The property shall contain a minimum of 10 acres.

Livestock sales pavilions, auction facilities, show rings or other arenas for the display, exhibition training or sale of livestock, and animal quarters shall be located no closer than 100 feet to any property line.

Adequate off-street parking shall be provided for livestock trailers, recreation vehicles, etc., associated with the use.

A Special Use Permit is required if any of the following apply:

The property does not meet the minimum acreage or street classification requirements.

The event is held more than three days per month.

Hours of operation extend beyond 6:00 p.m.

A public address system is utilized.

Permanent concession facilities are provided.

Portable restroom facilities are provided.

Seating facilities for more than 100 people are provided.

Parking facilities for more than 50 vehicles are provided.

An admission fee is charged.

FF.

Places of Worship.

In all residential zoning districts, places of worship shall conform to the following requirements. Residentially-zoned properties not meeting these requirements shall be required to obtain a Special Use Permit.

They shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway on a site of not less than five acres with 250 feet of road frontage.

The buildings shall be located not less than 50 feet from any street and not less than 30 feet from any side or rear property line.

Parking shall not be provided in the front building setback area.

A minimum 20-foot in depth buffer shall be provided adjacent to residentially zoned properties. This buffer shall be increased to 50 feet in depth adjoining a detention pond and any church recreation facilities, such as, but not limited to an indoor gym or outdoor playground.

The place of worship may utilize one manufactured building for worship services for an initial period not to exceed three years.

Uses Requiring Special Use Permit. In residential zoning, the following additional uses may be permitted as accessory to a place of worship only upon approval of a Special Use Permit, in accordance with Section 270-30:

Lighted outdoor ball fields, pools or similar recreation facilities.

Cemeteries or mausoleums.

Day Care Centers.

Kindergartens.

Private schools (K-12).

Health and social services: including out-patient clinics, transitional housing, shelters, and other similar facilities.

GG.

Pool or Billiards Halls . A business having three or more pool tables for patron use shall be considered a Pool or Billiards Hall.

HH.

Recovered Materials Processing Facility. Recovered Materials Processing Facilities shall meet the following design standards:

The minimum lot area for such facilities shall be 2 acres.

Activities shall be limited to collection, sorting, compaction and shipping.

Along the entire road frontage (except for approved access crossings), provide a 3 foot high landscaped earthen berm with a maximum slope of 3 to 1 and/or a minimum 6 foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

The facility shall not be located adjacent to or across the street from any property used for or zoned for single-family residential use.

Lighting for such facilities shall be placed in such a fashion as to be directed away from any nearby residential areas.

Materials collected shall not be visible and deposited in a bin or bunker. All sorting and collection bins shall either be enclosed and have chutes available to the public or be located inside a fully-enclosed building.

No outdoor storage of uncontainerized materials shall be allowed.

Any outside storage areas shall be screened by a minimum eight foot high, solid wood fence, masonry wall or slatted chain-link fence. Materials stored outdoors shall not be placed or stacked at a height exceeding that of the screening fence.

The operator shall be required to submit an annual report to the Director that demonstrates that during each 90 day period of operation, the amount of material that is recycled, sold, used, or reused shall equal at least 60 percent by weight or volume of the material received during that 90 day period and sixty percent by weight or volume of all material previously received and not recycled, sold, used, or reused and carried forward into that 90 day period.

II.

Rental; Automobile, Truck and Trailer. Automobile, truck and trailer rental facilities shall meet the following requirements and restrictions:

All vehicles shall be parked on paved surfaces or approved pervious paving materials.

All outdoor vehicle display areas shall be no closer than 100 feet from the nearest residence.

Vehicle storage, cleaning and maintenance must take place within a building or outside storage area that is screened from public view.

Vehicle repair, painting and body work may not be conducted on the premises.

JJ.

Salvage Operation or Junk Yard.

The minimum lot area for such facilities shall be 2 acres.

KK.

School, Private.

This use shall not be located except with direct access to a roadway designated as a collector or higher category on the latest Gwinnett County Long Range Road Classification Map.

Minimum Lot Size:

Elementary School: two acres, plus one additional acre for each 100 students based on the design capacity of the school.

Middle School: three acres plus one additional acre for each 100 students based on the design capacity of the school.

High School: 5 acres, plus one additional acre for each 100 students based on the design capacity of the school.

When adjacent to a residential zoning district, the following additional standards shall apply:

A 50-foot in depth natural, undisturbed buffer adjacent to residential zoning is required.

Driveways and parking areas must set back 25 feet from side property lines and five feet from any buffer.

No parking lots or outdoor lights shall be closer than 100 feet from residences on adjacent property.

Recreational facilities shall be located at least 100 feet from property lines of adjacent residential properties.

Accessory Uses and Facilities. In addition to the accessory uses and facilities that are permitted in Chapter 230 for the zoning district in which the private school is located, additional accessory uses and facilities are permitted that are customarily associated with schools and intended primarily for the use of students, such as an auditorium, library, administrative offices, cafeteria and related kitchen and dining area, or outdoor recreational facilities.

LL.

Self-Storage and Mini-Warehouse Facilities. Self-Storage and Mini-Warehouse Facilities shall meet the following restrictions and design standards:

Storage units shall not be used for manufacturing, retail or wholesale selling, office, other business or service use, or human habitation.

Site access shall not be onto roadways classified as local residential streets.

Outdoor speakers or sound amplification systems shall be prohibited.

Such a facility may include one accessory manager's office/apartment which is clearly subordinate to the primary use of the facility for warehousing purposes.

Provide adequate loading and unloading areas outside of fire lanes.

MM.

Shelter, Residential or Community. All shelters must meet the provisions of Rules for Shelters in Gwinnett County.

NN.

Special Events/Banquet Facility or Rental Hall. In the RA-200 zoning district, Special Events/Banquet Facilities or Rental Halls shall conform to the following requirements.

Such facilities shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway.

The property shall contain a minimum of 3 acres.

Activities shall be limited to community or private parties, gatherings or charity events; weddings, wedding receptions; showers; business functions. Other similar events may also be included, at the discretion of the Director of Planning and Development.

Guests shall be limited to no more than 150 (subject to fire code limitations) at any one time. During inclement weather there shall be sufficient space to safely shelter guests. Adequate, permanent restroom facilities shall be provided, which shall meet the minimum requirements of the Gwinnett County Environmental Health Section and building code requirements.

Special event hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.

Adequate off-street parking facilities shall be provided on-site.

OO.

Shooting and Archery Ranges and similar Outdoor Recreation Facilities. In residential zoning, Shooting and Archery Ranges and similar Outdoor Recreation Facilities shall conform to the following requirements:

Outdoor shooting ranges shall be located on properties with a minimum of 20 acres.

Outdoor recreation activities may include:

Community or private sports practices or games including, baseball, softball, football, basketball, soccer, lacrosse, field hockey or similar sports.

Paintball, zip lines, mudder or obstacle courses, or similar activities.

Other such activities may be authorized at the discretion of the Director of Planning and Development.

Adequate off-street parking and restroom facilities shall be provided on-site.

No buildings or facilities associated with the use shall be located closer than 100 feet any property line. Outdoor shooting ranges shall be a minimum of 300 feet from any property line.

PP.

Wild Animals (raising and keeping of). Any resident who keeps a wild or exotic animal shall meet the following requirements:

The owner or custodian of wild or exotic animals shall obtain any and all necessary permits and meet all requirements of the State of Georgia for such activity.

No animal quarters may be located closer than 200 feet to any property line.

QQ.

Wood Chipping and Shredding, Log Splitting Facility. Wood Chipping and Shredding and Log Splitting Facilities shall meet the following restrictions and design standards:

Such facilities shall not be located closer than 200 feet from residentially-zoned property.

Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a three foot high landscape earthen berm with a maximum slope of three to one and/or a minimum six foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14; Ord. No. UDOA2015-00001(GCID No. 2015-0360), 4-28-15; Ord. No. UDOA2015-00002(GCID No. 2015-0539), 6-23-15; Ord. No. UDOA2015-00003(GCID No. 2015-0620), 7-21-15; Ord. No. UDOA2015-00005(GCID No. 2015-1087), 10-27-15; Ord. No. UDOA2016-00001(GCID2016-0070) , § Exh. A, 1-26-2016; Ord. No. UDOA2016-00004(GCID2016-1185), § Exh. A, 12-20-2016; Ord. No. UDOA2018-00002 GCID2018-1390 , Exh. A, 10-23-2018)

230-130.4 Supplemental Use Standards (General Requirements). The rules, requirements and restrictions listed in this section apply to all such accessory uses and/or structures, regardless of their location or underlying zoning, unless otherwise noted.

Construction Trailer/Temporary Building. A temporary building or buildings for use in connection with a construction project or land subdivision development shall be permitted on the land of the project during the construction period.

Drive-through Service Windows. Drive-through service windows shall meet the standards for Section 240-80, Stacking Lanes for Drive Through Facilities or Service Windows, and the additional following items:

Each drive-through service window is allowed one additional incidental sign adjacent to the drive-through window that shall not exceed 24 square feet in area.

Drive-through service windows shall not be permitted for any use in the Mixed Use-Neighborhood, Mixed Use-Commercial, Mixed Use-Regional District, or TND.

No outdoor speakers shall be employed within 100 feet of any residential use.

Collection Bins.

Permit required; dates of issuance, expiration.

It shall be unlawful to erect, place, maintain, or operate any collection bin in unincorporated Gwinnett County without first obtaining a permit issued by Gwinnett County.

A permit issued under this Section shall be valid for one year and renewable for one-year periods thereafter.

Collection bins owned and/or operated by one person or entity for the benefit of permit applications for another person or entity require the contact information for both entities.

Fee required. The Fee for the Initial Application and Renewal Applications shall be $250.00. The Sticker Fee shall be $25.00. These fees shall remain in effect unless otherwise modified by the Gwinnett County Department of Planning and Development's Fee Schedule.

Qualifications of Permittee and Form of Application. In order to qualify as a Permittee under this Section, an applicant must either be (1) an organization exempt from taxes under 26 U.S.C. § 501(c)(3) of the United States Internal Revenue Code, and in good standing with the State of Georgia; (2) a business organization in good standing with the State of Georgia; or (3) a natural person. The application for a collection bin permit shall include the following information from the applicant:

If the applicant claims to be a qualified nonprofit organization; (1) a copy of the determination letter issued by the Internal Revenue Service stating that the applicant is an organization exempt from taxation under Internal Revenue Code, 26 U.S.C. § 501(c)(3); and (2) a certificate of good standing issued by the Office of the Georgia Secretary of State. If the applicant is a business organization not exempt from taxation, a certificate of good standing issued by the Office of the Georgia Secretary of State. A certificate of good standing must not be older than 3 months at the time of application for a permit.

Name, address, and telephone number of the contact person of the applicant who will agree in writing to be available by telephone between the hours of 8 a.m. to 5 p.m., Monday through Friday, to receive and respond to complaints or other inquiries regarding the permitted collection bin.

Name, address, and telephone number of a person who is authorized by the owner or operator of the collection bin to accept service of process and to accept citations issued by the County on behalf of the applicant for violations of this Section.

Written and signed consent from the Site Host or the Lawful Occupant, if applicable, to place the collection bin on the property, including name, address, and telephone number of the Site Host or Lawful Occupant and the name, address, and telephone number of the person authorized by the Site Host or Lawful Occupant to accept service of process and to accept citations issued by the County on behalf of the Site Host or Lawful Occupant. A copy of the lease, rental agreement, or other instrument between the Site Host or Lawful Occupant and the Permittee shall be sufficient to satisfy this requirement provided that the lease, rental agreement, or instrument contains the name, address, and telephone number information required above.

Permittee must provide proof to Gwinnett County of a Certificate of Liability Insurance of at least $1 million covering the liability of the Permittee arising out of the placement and maintenance of a collection bin.

Permittee must provide a closed boundary survey and a site plan drawn to scale which will indicate the zoning of the property, indicate if there are zoning or overlay conditions on the proposed Site, and show the location of any and all existing bins on the Site; show, and label the dimensions of the proposed bin; show the footprint of the principal building for the Site; show and label the front, rear, and side building setbacks on the Site; label concrete or asphalt surfaces; label landscape and planter areas; label and dimension all buffers (if applicable); show and identify adjacent public streets and rights-of-way; provide a dimension of the distance between the collection bin and the public right-of-way; and any other information deemed necessary by the Director.

In addition to the information listed in this Section, the application shall be made on the form provided by the Gwinnett County Department of Planning and Development.

Applications which are not complete when submitted shall be returned to the applicant with a list of items that are missing from the application.

A complete Collection Bin Permit Application meeting all of the requirements set forth in Subsections (C)(2), (C)(3), and (C)(6) of this section, which is submitted to the Gwinnett County Department of Planning and Development with the required application fee, shall be approved or denied within thirty (30) days of its receipt. Any complete application not approved or denied within 30 days shall be deemed to be approved.

Proof of Permit. Gwinnett County shall provide the Permittee with one permit Sticker for each approved permit. The permit Sticker shall be placed in a conspicuous place on the front of the collection bin that is installed on the permitted property. Gwinnett County will provide replacement Stickers for ($25.00) should the original Sticker become damaged, fall off, or disappear.

Management, Maintenance; Requirements.

Permittee must maintain the aesthetic presentation of each collection bin including fresh paint, readable signage, and general upkeep.

Permittee must provide to the County and Site Host or Lawful Occupant a telephone number for requests to respond to collection bin maintenance complaints.

Permittee must respond to complaints within 48 hours of receiving said complaint from the County by telephone during regular business hours of 8:00 a.m. through 5:00 p.m., Monday through Friday. This response may be via telephone and should include a time frame for resolving the complaint.

Permittee must remove graffiti within 48 hours following receipt of notice of its existence by telephone during regular business hours of 8:00 a.m. through 5:00 p.m., Monday through Friday.

If a collection bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition by telephone during regular business hours of 8:00 a.m. through 5:00 p.m., Monday through Friday.

Permittee shall clearly post on its collection bin that no items shall be left outside the collection bin and Permittee shall remove any materials, trash, or other debris placed outside the collection bin within 48 hours following receipt of notice of its existence by telephone during regular business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.

Collection bins shall have a receiving door that can be closed so that only an authorized representative of the owner may access the items deposited in the collection bin.

Location and Placement of Collection Bins.

On parcels of land which constitute ten (10) acres or less, there shall be no more than two collection bins per parcel of land.

On parcels of land greater than ten (10) acres, the Director shall have discretion to allow for one (I) additional collection bin per every two (2) additional acres of land, provided, however, that all bins are separated by at least 500 feet.

Collection bins shall only be permitted on developed property which is zoned C-1, C-2, C-3, M-1, or M-2; or on the premises of a church or school, consistent with all applicable ordinances and policies, within any zoning district. Collection bins located on County-owned properties shall meet the requirements of subsection (C) 6.

Collection bins shall not be located on property if the principal structure is vacant.

Collection bins shall not be placed in a right-of-way, and shall be placed no closer to any adjacent right-of-way than 50 feet or the front or side building plane of the principal structure located on the site, whichever is greater.

Collection bins shall be placed on the Site in a manner that does not impede vehicular or pedestrian traffic flow.

Collection bins shall not be placed in designated parking spaces or reduce the number of parking spaces below the minimum number required by the Unified Development Ordinance, any other Gwinnett County Ordinance, or state law.

Collection bins shall be placed on a concrete or asphalt surface.

Collection bins shall not be placed within any landscape strip, landscaped parking lot island, any type of buffer, or within five feet (5') of a zoning buffer.

Collection bins shall not be placed on sidewalks.

Collection bins shall not be placed within the sight triangle, as defined in The Complete Illustrated Book of Development Definitions, Fourth Edition, and its subsequent revisions, of any intersection and shall not interfere with on-site traffic circulation.

Collection bins located at public libraries shall meet the requirements of subsections a through k above.

Information and Label Requirement for all Bins. Every collection bin shall display the following information in boldface letters at least two inches high located on the front of the collection bin and directly underneath the deposit door or on the deposit door:

The name, address, telephone number, and the Internet Web Address of the Permittee.

Each bin shall meet the requirements set forth by the State of Georgia as found in Title 43, Chapter 17 of the Official Code of Georgia Annotated.

Size, Appearance, and Screening of Bins.

Collection bins shall not cover a ground surface area in excess of five feet by five feet, nor be more than seven feet in total height.

The exterior of collection bins shall be of neutral or earth tone color schemes as found in the Architectural Design Standards, Color and Finish Chart found in the Appendix of the Gwinnett County Unified Development Ordinance. High-intensity colors, metallic colors, black, or fluorescent colors shall be prohibited; however, the use of black color for lettering and accent use is not prohibited provided, however, the majority of the bin shall not be black in color.

Collection bins shall be surrounded by a three-sided opaque enclosure not less than six feet in height, with an open side facing away from any public road. Collection bin enclosures shall have a finish consistent with the finish materials of the building facade and conform substantially with the Unified Development Ordinance Design Guidelines.

Violations and Penalties.

In addition to any other penalties or remedies prescribed for ordinance violations pursuant to the Official Code of Georgia Annotated and this Unified Development Ordinance, Sections 120-60, 120-70, and 120-80, any person, corporation, company, or entity who places a collection bin on property prior to receiving a permit shall be subject to a penalty of $300 for each violation.

In addition to any other penalties or remedies prescribed for ordinance violations pursuant to the Official Code of Georgia Annotated and this Unified Development Ordinance, Sections 120-60, 120-70, and 120-80, if a Permittee is found to have violated any provision of this Section, after notice and opportunity to cure the alleged violation, the Permittee shall be subject to a penalty of $250.00 for each violation, including but not limited to the following violations:

Failure to adequately respond to maintenance request;

Failure to maintain collection bins as set forth in Section C(5) above;

Failure to adhere to collection bin placement and removal provisions; or as set forth in Section C(6) above;

Failure to adhere to all permit requirements.

If a Permittee is found to have violated the provisions of Section 230-130.4(C) and ignores mitigation on more than 3 occasions in a calendar year, the Permittee shall, in addition to all penalties set forth in this Section along with those allowed by the Official Code of Georgia Annotated, be deemed ineligible to place, use, or employ a collection bin, and apply for any renewal permits for collection bins, within the County for a period of one year, and the County may require removal of any or all of such Permittee's collection bins upon 30 days advance notice.

10.

Liability; protections. The Site Host or Lawful Occupant will be held harmless by the Permittee for the removal of an unauthorized collection bin or where removal is necessary to comply with zoning ordinances.

Industrialized Buildings.

After the effective date of this UDO, all newly installed industrialized buildings in Gwinnett County are subject to the requirements of this UDO, the State of Georgia Industrialized Buildings Act O.C.G.A. Title 8, Chapter 2, Article 2, Part 1 and "Rules of the Commissioner of Community Affairs, 110-2 Industrialized Buildings".

Industrialized buildings shall conform to all requirements of the UDO and other applicable codes of Gwinnett County and the State of Georgia. The installation of an industrialized building shall require zoning certification and a building permit. Industrialized buildings shall conform to the Gwinnett County Architectural Design Guidelines that are otherwise applicable to such buildings or uses in accordance with this UDO.

Prior to approval of a building permit, the installer shall provide to the Department of Planning and Development a site plan and a set of building design plans to show compliance of each industrialized building unit with this UDO. Evidence of approval by the Georgia Department of Community Affairs shall also be provided.

Transportation of industrialized buildings or components on the streets and highways of Gwinnett County shall be in accordance with applicable requirements of the Georgia State Highway Patrol.

Prior to relocation of an existing building that was constructed in an industrialized fashion but does not bear the insignia of approval of the Commissioner of the Department of Community Affairs required for new industrialized buildings, the owner of such building shall apply for and receive certification of the Department of Community Affairs as provided in Section 110-2-11 of the Rules of the Commissioner of the Department of Community Affairs.

Metal Buildings (on a non-agricultural residential lot). Metal buildings, whether constructed as a principal or accessory structure, which are in excess of 550 square feet in size shall be required to obtain a Special Use Permit.

Outdoor Display or Sales of Merchandise. Outdoor display or sales of merchandise shall be subject to approval of a Special Use Permit, with the following exceptions:

Automobile, truck and other vehicle sales facilities shall be exempt for the parking of vehicle inventory.

Farmer's Markets and Livestock Sales Facilities in the RA-200 zoning district.

Businesses which have obtained a valid Temporary Outdoor Activity Permit (TOAP) shall be exempt during the permit period.

Merchandise may be displayed on the front sidewalk immediately adjacent to a retail building or immediately beneath an actively operating fuel island canopy, subject to the following restrictions and requirements:

Merchandise shall be permitted only along the business' tenant bay or storefront façade.

Merchandise shall not block an entrance or exit to or from the building.

Merchandise displayed for sale shall be that normally found within the on-premise business.

Merchandise shall not be located on sidewalks that are less than six feet in depth and may not extend beyond the limits of the sidewalk.

All such display or sales shall meet applicable building, fire and safety codes.

Outdoor Seating. Outdoor seating for restaurant service is permitted subject to the following requirements and restrictions:

The number of outdoor seats shall be no greater than 50 percent of the total number of seats located indoors within the restaurant.

Outdoor seating areas are restricted to the front or side yard including space abutting the sidewalk frontage of the subject property.

No outdoor seating associated with a sidewalk café shall be used for calculating seating requirements pertaining to the location of, applications for, or issuance of a liquor license for any establishment nor shall the additional seats be used to claim any exemption from any other requirement of any county or state code or ordinance.

The perimeter of the outdoor seating area shall be delineated using non-permanent fixtures such as railings, planters, decorative chains, or other similar decorative fixtures other than signs that are not inconsistent with the UDO and that do not present a public health or safety hazard.

Tables, chairs, umbrellas, canopies, awnings and other similar fixtures shall be of uniform design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment.

Design, materials and colors shall be compatible with the abutting building for all locations, and any applicable design guidelines.

Hours of operation. The hours of operation of outdoor seating area adjacent to residential uses shall be limited to 9 a.m. to 9 p.m. daily.

Outdoor seating abutting a public sidewalk shall be subject to the following additional development standards:

Outdoor seating areas shall not be located abutting sidewalks that are less than ten feet in width.

A minimum of one unobstructed pedestrian path of at least six feet wide shall be maintained along the sidewalk connecting any abutting businesses at all times.

A minimum of one unobstructed pedestrian path of at least six feet wide shall be maintained to connect the building entrances to the curb line of the abutting street.

Outdoor Storage.

Outdoor storage in residential zoning districts shall be governed by the Gwinnett County Property Maintenance Ordinance (PMO).

In mixed-use and non-residential zoning districts (other than industrial), outdoor storage of equipment, materials and/or merchandise shall be subject to approval of a Special Use Permit.

In industrial zoning districts, outdoor storage of equipment and materials shall be allowed, subject to the following restrictions and requirements:

Outdoor storage shall be set back at least 15 feet from any side or rear property lines.

Shall not be located within a required front yard.

Outdoor storage shall not be located in the area between the front of the principal structure and the public street.

Outdoor storage shall be fully screened by a solid wood fence, masonry wall or slatted chain-link fence at least 8 feet in height.

Materials stored outdoors shall not be placed or stacked at a height exceeding that of the screening fence.

The setback distance shall be landscaped to provide a year-round vegetative screen.

(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14; Ord. No. UDOA2016-00003(GCID2016-0258) , Exh. A, 10-25-2016; Ord. No. UDOA2017-00001(GCID2017-5565) , Exh. A, 12-19-2017)

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');