212-10.1Purpose and Intent. The purposes of this zoning district are as follows:

A.

To encourage the development of residential communities to preserve and protect natural and environmental resources while providing safe, walkable neighborhoods and communities that include value-added amenities such as conservation space and recreational opportunities.

B.

To enhance land, water, air, and tree resources by minimizing the area of land disturbance, reducing impervious surface, optimizing stream buffers, preserving tree cover, and encouraging retention and conservation of natural resources in common areas.

C.

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

D.

To increase conservation space and the number of interconnected greenway trails and wildlife corridors within and among residential communities.

E.

To encourage recreation opportunities within walking distance of neighborhood residents.

F.

To preserve significant historical and archeological features.

G.

To preserve and protect contiguous conservation space within developed areas of Gwinnett County.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

212-20.1Purpose and Intent. The purpose of the Traditional Neighborhood Development District (TND) is to create an innovative zoning classification that encourages a pattern of neighborhood development that will be distinguished from other residential zoning districts through a diversity of lot sizes, housing types and sizes to accommodate persons of a variety of stages of life in a pedestrian-oriented setting that is well integrated with the County's neighborhoods, parks, civic spaces, and supportive services.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

¹  Larger minimum lot sizes may be required for lots served by septic.

²  Where the backs of single-family attached or detached residential units are oriented toward an external public street, a 4-foot-wide setback and a 10-foot-wide landscape strip shall be required between the sidewalk and residential units.

³  For detached single family lots.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

212.40.1 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.
C: A conditional use subject to the additional requirements in Section 212-50.

¹ Within single-family detached homes only

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

212-50.1 Beekeeping. Beekeeping shall meet the following requirements:

A.

Honeybees shall not be kept on lots containing less than 10,000 square feet. No more than two colonies or hives, with only two swarms, shall be allowed per 10,000 square feet of lot area.

B.

Hives shall be marked or identified to notify visitors.

C.

No hive shall exceed 20 cubic feet in volume.

D.

No hive shall be located closer than ten feet from any property line or 25 feet from any principal building on an adjoining parcel.

E.

No hive shall be located closer than 50 feet from a public right-of-way.

F.

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

G.

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

H.

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

I.

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

212-50.2Customary Home Occupation. Customary Home Occupations shall be subject to the following requirements and restrictions:

A.

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

B.

No sale of items may occur on the premises unless a Special Use Permit is granted by the Board of Commissioners.

C.

Personal services may be provided to a maximum of two clients in the residence at any given time. Service hours shall be limited to between 8 AM to 7 PM daily. A maximum of 5 clients may receive service in any residence per day.

D.

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

E.

There shall be no exterior evidence of the conduct of a home occupation. 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.

F.

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.

G.

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.

H.

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

I.

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.

J.

Any deviations from these requirements shall require approval as a Special Use Permit.

212-50.3 Dwelling, Accessory.Detached accessory dwellings shall only be located in a rear yard, and shall be subject to the following setback requirements:

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:

A.

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

B.

The primary dwelling unit shall be owner-occupied.

C.

The accessory dwelling unit shall not exceed 50% of the principal residence's heated floor area.

D.

The accessory dwelling unit may be in a separate building from the primary dwelling unit or may be attached to the principal residence and accessible from a separate entrance.

E.

If in a separate building, the height of the building containing the accessory dwelling shall not exceed the height of the principal dwelling.

F.

Detached accessory dwellings 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.

G.

An accessory dwelling unit shall contain a full kitchen and at least one full bathroom.

H.

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.

I.

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.

J.

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

K.

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

212-50.4 Dwelling, Cottage Court. Cottage Court developments must meet the following additional requirements:

A.

Cottage cluster development shall be designed to accommodate a minimum of four and a maximum of twelve detached dwelling units surrounding a shared internal courtyard. Each unit shall have a front porch with direct access to the courtyard.

B.

Front porches may encroach up to 6 feet into the courtyard.

C.

Each dwelling unit shall have a maximum building footprint of 1,200 square feet and a maximum building height of 24 feet or 1.5 stories.

D.

Courtyards shall be a minimum of 3,000 square feet in size or 600 square feet per unit, whichever is greater. A minimum of 70 percent of the courtyard shall consist of pervious material, of which a minimum of 50 percent of the courtyard shall be landscaped. Courtyards shall not be parked or driven upon except for emergency access and permitted temporary events.

E.

A cottage development may be subdivided into individual lots that do not meet the minimum lot development standards and may be treated as fee-simple or condominium lots.

212-50.5 Dwelling, Duplex. Duplex dwellings shall meet the following additional requirements:

A.

Duplexes shall be oriented toward abutting external streets.

B.

Duplexes may be side-by-side or stacked.

C.

Each unit shall have a full kitchen and at least one full bathroom and bedroom.

D.

Duplexes shall meet the additional following design guidelines:

1.

Have a usable front porch.

2.

Shall be designed to have the external appearance of one single-family home.

E.

Duplexes in the R-IF District shall be located on individual lots meeting the following additional requirements:

1.

Minimum lot size: 5,000 square feet.

212-50.6 Dwelling, Live/work. Live/work dwellings shall meet the following additional requirements:

A.

Live/work dwellings shall only be permitted within townhouse buildings.

B.

Each live/work unit shall contain a minimum of 1,500 square feet of heated floor area, of which the non-residential (work) portion of the unit shall be no less than 500 square feet.

C.

Live/work units shall be on the ground floor and oriented toward the street.

D.

An occupational tax certificate for the non-residential (work) use shall be required. Live/work units shall not be considered home occupations.

E.

Shall be limited to no more than 10 percent of total units within a TND development.

F.

Shall be limited to professional office uses only. No personal service uses shall be permitted.

G.

One additional on-street or off-street parking space shall be required for each live/work unit.

H.

Shall be limited to no more than one business related visitor at any given time. Business related visitors shall be limited to the hours of 8 AM to 5 PM, Monday through Friday.

I.

Shall be within owner-occupied townhouses.

212-50.7 Dwelling, Townhouse. Townhouse dwellings shall meet the following additional requirements:

A.

All townhouse dwellings shall include a minimum one-car garage that is either under the unit or detached. Garage doors shall be setback at least 18 ft. from the adjacent sidewalk or alley so that a parked vehicle in the driveway will not obstruct the sidewalk or alley.

B.

All townhouse buildings shall include a continuous sidewalk no less than 3 ft. in width connecting front entrances of all dwellings.

C.

The fronts of buildings shall be oriented toward abutting external streets with at least one direct pedestrian connection to external sidewalks.

D.

All townhouse units shall provide a usable front porch.

E.

Additional guest parking shall be provided at a ratio of 0.25 spaces per dwelling unit. Guest parking may either be provided as on-street parallel parking or with separate off-street parking lots. Guest parking shall be distributed throughout the development or in a centrally located location.

212-50.8 Short-term Rentals. Short-term Rental facilities shall conform to the following requirements:

A.

There shall be no exterior evidence that a dwelling is being used as a short-term rental.

B.

Outdoor parking shall only be provided on hard surface areas on the property and shall not be permitted outside such hard surface areas consistent with the provisions of this title. There shall be no parking on the street, on neighboring properties, in the yard, or in the right-of-way.

C.

The occupancy for a short-term rental shall be limited to two adults per bedroom. The total number of occupants of a dwelling unit must meet the definition of family provided in this ordinance.

D.

The property owner or responsible property manager shall at all times maintain their contact information posted in a conspicuous location near the primary entrance to the home.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

212-60.1.Conservation Space Requirements.

A.

The following areas may not be disturbed, unless otherwise permitted by this UDO:

1.

Land within the 100-year floodplain.

2.

Stream buffers and impervious surface setback areas.

3.

Slopes greater than 40 percent.

4.

Wetlands (unless permitted by the US Army Corp of Engineers)

5.

Endangered or threatened species and/or their habitats.

6.

Archaeological sites.

7.

Cemeteries and burial grounds.

8.

Features and structures of historical importance.

9.

Peaks and rock outcroppings.

10.

Viewsheds.

11.

Prime agricultural lands consisting of at least five contiguous acres.

12.

Existing trails that connect to neighboring areas.

13.

Healthy, native forests of at least one contiguous acre.

14.

Existing lakes and ponds.

B.

The following uses and activities may occur within required undisturbed conservation areas:

1.

Soft surface trails and greenways.

2.

Removal of invasive plants, non-native plants, and hazardous trees.

212-60.2Required Minimum Open Space Exclusions and Credits.

A.

Open space calculations shall not include the following:

1.

Area within any single-family residential lot.

2.

Land area within a utility easement.

3.

Land area within a public right-of-way or private street easement.

B.

Open space calculations may include the following.

1.

All undisturbed conservation areas

2.

Proposed permanent lakes and wet detention areas designed as amenities.

3.

All common areas and amenities, except for detention pond lots.

4.

Any required landscape strips on the site.

210-60.3Conservation Space Ownership. Conservation space shall be owned in fee-simple by a mandatory property owner's association or other entity approved in advance by the Board of Commissioners. Conservation space shall be recorded by deed and plat prior to or concurrent with the recording of the first final subdivision plat. An access easement, that follows the proposed alignment of future public streets, may be recorded connecting the required conservation space to said final plat. "Pocket Parks" and/or "Neighborhood Greens" shall be deeded concurrent with the unit or phase of the final plat of which it is a part.

212-60.4Property Owner's Association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:

A.

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

B.

Responsibility for maintenance of the conservation space.

C.

Responsibility for insurance and taxes.

D.

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

E.

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

F.

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

G.

Conservation surety language as stated in Section 212-50.11.

212-60.5Maintenance. The property owner's association, or other entity approved in advance by the Board of Commissioners, shall be responsible for the continuous maintenance of buffers, conservation space and amenity areas.

212-60.6Conservation Surety. Conservation space delineated on the Final Plat and required to be in a primary conservation area shall be permanently protected by either one or both of the following options:

A.

Option I. Conveyance to the Public and Subdivision Lot Owners. A deed conveying ownership of the conservation space to the mandatory property owner's association shall be recorded and delivered prior to, or concurrent with, the approval of the Final Plat for the first phase of the subdivision. The deed, Final Plat, and the subdivision declaration of covenants shall contain, at a minimum, the following covenant:

"The conservation space conveyed by deed and shown on the Final Plat shall remain permanently protected and shall not be disturbed, cleared or developed except in accordance with O.C.G.A. § 36-22-1 et seq., having the following Greenspace goals: protection of streams, floodplains and wetlands; steep slopes; woodlands, open fields and meadows; historical and archeological features, including cemeteries; significant wildlife habitats; scenic vistas; encouragement of native species; passive recreation and connectivity with nearby open spaces.

The following uses may be allowed: passive recreational amenities, such as paths, greenways community hiking, running, dog walking, bird watching, biking and similar outdoor uses.

This covenant is intended to benefit said area to the public and the use of same to the subdivision lot owners and residents, and it shall run in perpetuity as provided by O.C.G.A. § 44-5-60(c)."

B.

Option 2. Conveyance to Other Qualified Organizations or Entities. Except for "Pocket Parks" or "Neighborhood Greens," developed recreation areas or Conservation Areas not desired for permanent protection, Conservation Space shall be permanently protected by the:

1.

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

2.

Conveyance of a conservation easement running in perpetuity to a third party "qualified organization" recognized by Federal Treasury Regulation Section 1.170A-14(c)(1). Qualified organizations recognized by this Treasury Regulation include, but may not be limited to, governmental entities, certain publicly supported charities, local and national land trusts, or other conservation groups that are organized or operated primarily or substantially for one of the conservation purposes specified in the Internal Revenue Code. Governmental entities that qualify to be named in covenants under OCGA § 44-5-60 or to receive conservation easements under the Treasury Regulation referred to above for purposes of this section shall include the Federal government, the State of Georgia, Gwinnett County, or authorities of the State of Georgia or Gwinnett County.

3.

If a covenant is recorded or an easement conveyed in favor of a governmental entity, formal acceptance by the governmental entity or qualified conservation organization shall be obtained prior to the recording of the covenant or conveyance of the easement.

4.

The developer shall record the necessary legal instrument to accomplish protection of the Conversation Space prior to, or concurrent with, the recording of the Final Plat.

5.

The legal instrument shall contain, at a minimum, the same language required to be placed on a deed as stated in Option 1 of this Section.

212-60.7Public Improvements.

Streets.

A.

Streets shall be designed to:

1.

Parallel and preserve existing tree lines, hedgerows, existing historic structures, and water elements.

2.

Minimize alteration of natural, cultural, or historic features.

3.

Minimize the acreage devoted to streets.

4.

Calm traffic speeds.

5.

Promote pedestrian movement.

6.

Secure the view to prominent natural vistas.

7.

Be aligned so that the "terminal vista" is of civic buildings or Conservation Space land, either man-made (such as greens, commons, squares, or parks) or natural.

8.

Minimize crossing of Conservation Areas.

B.

All streets, except for loop streets, shall terminate at other streets within the conservation subdivision, and at least two streets shall provide connections to existing or proposed through-streets or collectors outside the OSC zoned property, where practicable.

C.

New streets shall be built in accordance with Chapter 900 of the UDO.

Streetlights.

A.

Streetlights are to be provided along one side of every street and shall be a minimum of 16 feet high and a maximum of 20 feet high if overhanging into the street and placed no more than 160 feet apart.

Sidewalks.

A.

Sidewalks shall be provided as required in Title 3 of this UDO.

B.

Public sidewalks shall create a linked network of walkways connecting all homes in the district with parks and other Conservation Space land areas.

Street Trees and Lot Trees.

A.

Street trees and lot trees shall be in accordance with the requirements of this UDO.

Underground Utilities.

A.

Utilities shall be located underground.

B.

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

C.

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

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

212-70.1Existing Features Site Analysis Plan.

A.

As part of the rezoning application an Existing Features Site Analysis Plan shall be prepared by an authorized registered professional, botanist, ecologist, or a biologist or a combination thereof and submitted by the applicant or developer.

B.

The purposes of the Existing Features Site Analysis Plan are to:

1.

Delineate areas that have been identified as worthy of permanent protection in conservation space because of their environmental values.

2.

Set forth the particulars of the site, including but not limited to boundary, flora and fauna ecosystems, topographic data (minimum 4-foot contour intervals), existing structures and utility easements.

C.

The Existing Features Site Analysis Plan shall include at a minimum the following information:

1.

Closed boundary of the site.

2.

Flora and fauna ecosystems with their locations mapped and delineated on the plan.

3.

The date in which the flora and fauna were surveyed.

4.

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

5.

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

6.

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

7.

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

8.

Delineation of steep slope areas (25 percent or greater). Slopes greater than 25 percent shall be undisturbed except for vegetation needed to deter erosion.

9.

Identification of historical, archaeological, or other significant features.

10.

The plan also shall include certification by the owner that timber harvesting activity has not occurred on the property in the previous 24 months prior to filing an application for OSC zoning.

11.

Identification of Primary Conservation Space, Secondary Conservation Space, and other common areas.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)

212.80.1 Mix of Housing Types

A.

Each TND development shall include at least three of the following housing types:

1.

Single-family detached dwellings.

2.

Duplex dwellings.

3.

Accessory dwelling units.

4.

Townhouses.

5.

Live/Work units.

6.

Cottage Courts

B.

A maximum of 50 percent of anyone housing type shall be permitted.

212.80.2 Building and Site Design Standards. TND developments shall meet the following additional requirements:

A.

The fronts of all dwelling units shall be oriented toward the street with at least one direct pedestrian sidewalk connection to an adjacent sidewalk.

B.

All units shall have a covered usable front porch.

C.

The minimum front yard setback shall also serve as the maximum front yard setback.

D.

All TND developments shall have a minimum 10,000 square foot centrally located common area with amenities, regardless of the required minimum open space requirement.

E.

No unit shall be located more than 1,000 feet from a common area.

F.

When the rear of units are oriented toward an external public street, an additional 30-foot-wide landscaped buffer shall be provided between the units and the right-of-way.

G.

All single-family lots shall include a side-by-side two-car garage that is either attached or detached.

212-80.3Public Improvement Standards. All streets, driveways, alleys, sidewalks, multiuse paths, and greenways shall conform to the requirements of this UDO and the following additional standards:

A.

Streets.

1.

The street network shall form an interconnected grid pattern. Cul-de-sacs and dead-end streets shall be prohibited.

2.

The maximum permitted block length shall be 500 feet.

B.

Driveways and Alleys.

1.

All driveways shall be accessed from an alley.

2.

Garage doors shall be setback at least 18 ft. from the adjacent alley so that parked vehicles in the driveway will not obstruct the alley.

3.

Alleys shall provide a continuous connection between two streets.

4.

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

5.

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

C.

Pedestrian Connectivity.

1.

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

2.

Safe, convenient, and continuous pedestrian walkways a minimum of five feet in width shall be provided throughout the development.

D.

Sidewalks, Multiuse Paths, and Greenways.

1.

Sidewalks shall be provided on both sides of all internal and external streets.

2.

Multiuse paths, where provided, shall be designed in conformity with Title 3 of this UDO.

3.

Where required, construction of greenway or greenway access, or dedication of greenway easement shall be in accordance with the 2014 Gwinnett County Open Space and Greenway Master Plan as well as the 2018 Gwinnett Countywide Trails Master Plan and be maintained in accordance with Title 3 of this UDO and other applicable sections of the UDO. If a project abuts a greenway, then a multiuse path shall be provided to connect the greenway for pedestrian and bicyclist use. The final location of the greenways or greenway access shall be coordinated with the Department of Community Services.

4.

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

212-80.4Landscaping.

A.

Minimum five-foot wide landscape strips shall be located on both sides of all streets.

B.

Street trees shall be provided 40 feet on center within required landscaped strips.

C.

Pedestrian lights shall be located between every other street tree (80 feet on center), unless waived by the Director due to adequate lighting from streetlights.

D.

Streetlights shall be located as required by the Department of Planning and Development and Department of Transportation.

E.

Spacing of street trees and pedestrian lights may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices as approved by the Gwinnett County Department of Transportation and the Department of Planning and Development.

212-80.5Underground Utilities.

A.

For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including but not limited to construction power.

B.

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

212-80.6Maintenance of Common Areas.

A.

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

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 20), 9-26-2023)