§ 230-120. Accessory Building, Structure and Use Standards.

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:

i.

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:

A.

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.

B.

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:

A.

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

i.

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.

B.

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.

C.

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

D.

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

E.

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:

i.

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.

F.

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.

A.

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.

B.

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.

C.

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.

D.

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

E.

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.

F.

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)