This ordinance shall be known as "The Unified Development Ordinance ("UDO", or "Ordinance") of Gwinnett County, Georgia." It consists of three Titles: Title 1, Administration; Title 2, Land Use and Zoning; and Title 3, Development and Permitting.

Title 1 includes regulations applicable to Gwinnett County and specifically addresses administrative regulations, including definitions, enforcement, and penalties applicable to Titles 2 and 3. Title 2 serves as Gwinnett County's Zoning Ordinance, and is intended to constitute a zoning ordinance within the meaning of Georgia Law. Changes to the text of Title 2, including Title 1 as it relates to Title 2, as well as Official Zoning Map amendments and other zoning actions addressed therein, shall comply with the public notice and hearing procedures provided therein and in Georgia Open Meetings Act 2012; Georgia Planning Act 50-8-36; Title 36 Local Government Provisions Applicable to Counties & Municipal Corporations Chapter 66. Zoning Procedures 36-66-4. Title 3 regulates development and permitting activities in Gwinnett County. Title 1 and Title 3 do not constitute a zoning ordinance or zoning regulations.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 1), 9-26-2023)

The Unified Development Ordinance is enacted by the Board of Commissioners in order to promote the public health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants and residents of Gwinnett County, Georgia. It is intended to achieve the following purposes:

100-20.1 To guide and regulate the orderly growth, development, redevelopment, and preservation of Gwinnett County in accordance with the adopted Gwinnett County Unified Plan and with long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people, and to protect the established character and the social and economic well-being of both private and public property.

100-20.2 To promote, in the public interest, the efficient utilization of land,

100-20.3 To promote the preservation of open space,

100-20.4 To provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers,

100-20.5 To reduce or minimize congestion in the public streets,

100-20.6 To facilitate the creation of a convenient, attractive, and harmonious community,

100-20.7 To encourage an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations,

100-20.8 To provide a basis for establishing the future need for law enforcement and fire protection, transportation, water, sewage, flood protection, schools, parks, recreational facilities, and other public facilities and services,

100-20.9 To promote safety and reduce congestion in travel and transportation, to protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, and loss of life or health from fire, flood, wind, subsidence or other dangerous conditions that could be mitigated by proper construction standards,

100-20.10 To encourage economic development that provides desirable employment and expands the tax base,

100-20.11 To ensure the perpetual conservation, preservation and enjoyment of the unique natural and physical resources of the County, including forested areas, watersheds, streams, viewsheds, and archaeological sites and the protection of water quality as the County grows,

100-20.12 To achieve compliance with all applicable state and federal laws and regulations,

100-20.13 To provide for and promote housing for all income groups and all citizens within the County,

100-20.14 To establish high quality standards for buildings, land development, and subdivision regulations for the protection of the environment and the security of buyers and users of developed property in Gwinnett County,

100-20.15 To provide adequate and safe construction standards for streets, sidewalks, drainage, utilities and other public improvements,

100-20.16 To provide a method of administration and procedure that ensures due process and equal protection for the citizens and property owners of Gwinnett County,

100-20.17 To establish a just balance between the rights of owners of property and the public interest of all the citizens of Gwinnett County,

100-20.18 To provide for protection of the constitutional rights and obligations of all citizens within the County,

100-20.19 To provide penalties for a violation and remedies for enforcement hereof; and for other purposes.

(Ord. No. UDOA:2019-00004(GCID:2019-1121), Exh. A, 11-19-2019; Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 2), 9-26-2023)

The Unified Development Ordinance is enacted pursuant to the Constitution of the State of Georgia, Article 9, Section 2, Paragraphs 1 and 3; by the County's authority to enact regulations and exercise powers granted by local laws; by the County's planning authority and general police powers; and by other powers and authority provided by federal, state, and local laws applicable hereto. Additional authority for Title 2 is set forth in Section 200-20.

This Ordinance shall apply to all unincorporated areas of Gwinnett County, Georgia.

The provisions of this Unified Development Ordinance shall apply throughout the unincorporated area of the County. The County may enter into agreements with cities within the County, or other municipalities, to carry out the purpose of this Unified Development Ordinance. These agreements may include, but are not limited to, enforcement of provisions, resolution of disputes, and cooperative monitoring and management of the separate storm sewer system and management programs. Except as hereinafter provided, as of the date of adoption of the Unified Development Ordinance.

100-50.1Development Activity. Any person proposing to rezone property, secure permits, undertake any land disturbance activity, construct, demolish, expand or modify a structure or a building for occupancy, develop or subdivide land within unincorporated areas of Gwinnett County, Georgia, or undertake any other development permission or activity shall pay a fee and make application to the Gwinnett County Department of Planning and Development, and shall comply with all regulations set forth in this Unified Development Ordinance.

100-50.2Use. No building, structure, premises, or land shall be used or occupied, and no building or part thereof shall be erected, remodeled, extended, enlarged, constructed, or altered in a manner except in conformity with the regulations herein specified for the district in which it is or is to be located.

100-50.3Lots. No lot shall be reduced in size so that minimum lot width or depth, size of yards, lot area or any other requirement of this ordinance is not maintained unless otherwise authorized by this Unified Development Ordinance. This limitation shall not apply when a portion of a lot has been lawfully acquired for public purpose or for unbuildable lots used exclusively for subdivision identification signage or subdivision entrance landscape features or stormwater facilities.

100-50.4Pending and Approved Applications for Building Permits. Nothing in this Unified Development Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or structure or land disturbance for which a building permit was lawfully applied for or approved, prior to the effective date of this Unified Development Ordinance or amendment thereto, provided:

A.

Such permit has not by its own terms expired prior to such effective date.

B.

Actual building construction is commenced prior to the expiration of such permit.

C.

Actual building construction is carried on pursuant to said permit and limited to and in strict accordance with said permit.

D.

No renewals or extensions of said permit shall be authorized beyond 90 days following the effective date of this Unified Development Ordinance or the applicable amendment thereto.

100-50.5Pending and Approved Applications for Development Permits.

A.

Any subdivision or other development activity for which a valid and complete application for a Development Permit has been received prior to the adoption of this Unified Development Ordinance or amendment thereto may, at the developer's option, proceed to completion and building permits may be issued as though this Unified Development Ordinance had not been adopted, provided that the Development Permit is or can be issued within 180 calendar days of the date of adoption and all time frames associated with said permit are observed.

B.

Any subdivision or other development activity for which a Development Permit has been issued prior to the adoption of this Unified Development Ordinance or amendment thereto may, at the developer's option, proceed to completion and building permits may be issued as though this Unified Development Ordinance had not been adopted, provided all time frames associated with said permit are observed.

C.

Any subdivision or other development activity for which only a Clearing, Clearing and Grubbing, or Grading Permit has been issued prior to adoption of this Unified Development Ordinance or amendment thereto shall be brought into conformance with this Unified Development Ordinance. Subsequently, all development permits shall conform to this Unified Development Ordinance.

100-50.6Applications for Zoning Map Amendment, Special Use Permit, or Variance

A.

Any valid and complete application for a Zoning Map Amendment, Special Use Permit, or Variance accepted by the Department prior to the adoption of this Unified Development Ordinance or amendment thereto may, at the applicant's option, proceed to completion and development and building permits may be issued as though this Unified Development Ordinance had not been adopted, provided that all permits are or can be issued within 180 calendar days of the date of adoption and all time frames associated with said permit are observed.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 3), 9-26-2023)

100-60.1 Whenever the provisions of this Unified Development Ordinance impose more restrictive standards than are required in or under any other statute, ordinance or resolution, these standards shall prevail, unless otherwise specified in this Unified Development Ordinance or otherwise restricted by State or Federal law. Whenever the provisions of any other statute, ordinance, or resolution impose more restrictive standards than are required herein, the requirements of such regulations shall prevail, unless otherwise specified in this Unified Development Ordinance.

100-60.2 In those instances where development standards for a parcel of land or a specific project have been lawfully and explicitly established as a condition of approval for a rezoning, variance, permit, or other formal action by the Board of Commissioners, the Zoning Board of Appeals, or any other authorized body, the requirements of such conditions shall control.

100-60.3 Nothing herein shall repeal the conditions of use, operation, or site development accompanying zoning approval(s) or special use(s), variances or permits issued under previous ordinances or resolutions. Modification or repeal of such past conditions of approval may be accomplished as authorized and provided by this Unified Development Ordinance. All Special Use Permits, variances, exceptions, modifications and waivers heretofore granted by the Director of Planning and Development, Zoning Board of Appeals, Planning Commission, or Board of Commissioners shall remain in full force and effect, and all terms, conditions and obligations heretofore imposed by the Director, Zoning Board of Appeals, or Board of Commissioners shall remain in effect.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 4), 9-26-2023)

Editor's note— Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 5), adopted Sept. 26, 2023, repealed § 100-70, which pertained to effective date and derived from the original zoning ordinance.

100-80.1 This Unified Development Ordinance may be amended from time-to-time by resolution of the Board of Commissioners of Gwinnett County. Such amendments shall be effective as of their date of adoption unless otherwise stated in the adopting resolution.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 6), 9-26-2023)

100-90.1 Unless otherwise specified in any article, chapter, or section of this Unified Development Ordinance, the UDO shall be administered, interpreted, and enforced by the Director of the Department of Planning and Development of Gwinnett County, Georgia.

100-90.2 All other ordinances or regulations referenced herein, such as the fire prevention and life safety codes, Property Maintenance Ordinance, building and other technical codes, health, water, and sewer regulations, shall be administered by the directors or liaisons of the departments responsible for such regulations, as established by the Board of Commissioners.

100-90.3 The Director of Planning and Development shall have the authority to carry out all duties necessary to administer the Unified Development Ordinance, including all duties otherwise delegated to the Divisions of the Department. In addition, the Director shall have the following authority:

A.

To approve and accept final subdivision plats and land dedicated as a public street or other public purpose on behalf of Gwinnett County, and to cause such dedications to be recorded by the Clerk of Superior Court of Gwinnett County, subject to ratification by the Board of Commissioners.

B.

To approve a Certificate of Development Plans Approval as provided in Section 340-30.

C.

In response to a written request by the property owner or owner's authorized agent, to approve or deny requests for administrative variances as provided in Section 270-130 of the Unified Development Ordinance.

D.

In response to a written request by the property owner or owner's authorized agent, to approve or deny requests for modifications as provided in Section 120-50 of the Unified Development Ordinance.

E.

To make other approvals, modifications, interpretations or rulings specifically provided in the Unified Development Ordinance.

100-90.4. In particular, the Department of Planning and Development shall have the following powers and duties under the Unified Development Ordinance.

A.

Accept and process applications and make recommendations regarding amendments to the Gwinnett County Unified Plan and its related maps.

B.

Maintain current land use maps and files of all amendments to the Gwinnett County Unified Plan, Future Development Map and related maps and policies.

C.

Prepare, compile, and recommend land use, transportation and other resource and facility plans to the Board of Commissioners.

D.

Prepare recommendations on all zoning amendments for consideration by the Board of Commissioners, and generally provide for the application, noticing and hearing requirements of the amendment process.

E.

Prepare and maintain records of amendments to this Ordinance and make the most recently adopted version available to the public within a reasonable length of time.

F.

Prepare and maintain the Official Zoning Map, maintain accurate records of zoning map amendments, and make the most recently adopted version available to the public within a reasonable length of time.

G.

Prepare and maintain data, maps or other information regarding population, employment and economic characteristics of the County and land development activities, economic development, including subdivisions and building permits.

H.

In response to a written request by the property owner or owner's authorized agent, issue a statement identifying the current zoning of a parcel of land. The fee for such a zoning certification shall be established by the Board of Commissioners.

I.

The Director of Planning and Development or designee shall serve as secretary to the Gwinnett County Planning Commission, shall take and prepare its minutes and shall forward the minutes to the Board of Commissioners.

J.

Provide for the orderly and safe development of the County through the provisions of the County regulations and other application regulations or standards as may be adopted by the Board of Commissioners.

K.

To review and make final decisions regarding permits and other development requests authorized in this Unified Development Ordinance or the Gwinnett County Construction Code.

L.

Provide for the application, noticing and hearing requirements of the zoning variances process from this Unified Development Ordinance.

M.

Enforce the regulations and standards of this Unified Development Ordinance.

N.

Enforce the Gwinnett County Construction Code.

O.

Review plans and enforce development compliance with the Georgia Metropolitan River Protection Act, as amended.

P.

The Director of Planning and Development or designee shall serve as secretary to the Zoning Board of Appeals, shall take and prepare its minutes, and shall forward the minutes to the Board of Commissioners.

(Ord. No. UDOA:2019-00004(GCID:2019-1121), Exh. A, 11-19-2019; Ord. No. UDOA2021-00004(GCID 2021-1177), Exh. A(§ 1), 10-26-2021; Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 7), 9-26-2023)

100-100.1 Application filing, permit, inspection, and other fees shall be as established from time-to-time by the Board of Commissioners.

100-100.2 Permit fees, if any, shall be submitted as a prerequisite to issuance of the permit. Nonpayment as a result of submission of a check having insufficient funds on account, or for any other reason, shall cause the permit to be voided and re-issuance subject to penalty as provided by law or as may be established by the Board of Commissioners.

100-100.3 Application fees, if any, shall be submitted with the application unless otherwise stated on official forms from the Department of Planning and Development. Failure to pay a required application fee shall cause the application to be returned to the applicant without consideration by the County.

100-100.4 Following the approval of development plans, and prior to authorization to begin construction, the developer shall provide the Department of Planning and Development such fees as may be established from time-to-time by the Board of Commissioners.

100-100.5 Prior to approval of a Final Plat or Certificate of Occupancy, the developer shall provide to the Department of Planning and Development such recording fees and performance and/or maintenance sureties as required by this Unified Development Ordinance or established from time-to-time by the Board of Commissioners.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 8), 9-26-2023)

If any article, section, provision or clause of any part of this Unified Development Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Unified Development Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to effect the portions of this Unified Development Ordinance not so held to be invalid, or the application of this Unified Development Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Unified Development Ordinance would have been adopted had such invalid portion not been included herein.