230-10.1 The uses established by each zoning district within this UDO 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.

230-10.2 Any use not listed 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.

230-10.3 Restrictions on the location of telecommunication facilities in certain zoning districts are provided in the Gwinnett County Telecommunications Tower and Antenna Ordinance.

230-10.4 Restrictions on the location and operation of adult establishments are provided in Section 230-130.

230-10.5 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.

230-10.6 All uses identified in this UDO 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 Complete Illustrated Book of Development Definitions .

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-20.1Purpose and Intent.

A.

The purpose of the e Conditional Uses in this UDO is to provide 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 Unified Plan.

B.

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

C.

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

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-30.1 All accessory buildings, structures, and uses shall also be subject to other sections of this UDO, but not limited, to the Conditional Use Standards.

230-30.2 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.

230-30.3 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, unless otherwise authorized by the Director of Planning and Development.

230-30.4 Accessory buildings or structures shall not be utilized unless the principal structure on that lot is occupied, unless otherwise authorized by the Director of Planning and Development.

230-30.5 If a principal building is removed from a property, all accessory buildings or structures on that property shall be removed within 180 days unless a new principal building is constructed.

230-30.6 No accessory uses or structures except driveways and individual mailboxes shall be located within the public right-of-way. Landscaping, unless required by this UDO, shall not be located within the public right-of-way unless approved by Gwinnett County Department of Transportation.

230-30.7 All accessory buildings or structures shall be located in the rear or side yard unless explicitly stated otherwise in this section.

230-30.8 Accessory buildings, structures or uses shall not be allowed in a front yard except those permitted by this UDO.

230-30.9 Except as provided herein, accessory structures shall be located no closer than five feet to all property lines. Accessory buildings shall meet the following minimum setback requirements adjacent to all property lines:

Table 230.1: Accessory Building Setback Requirements

The following setback shall apply to accessory buildings, unless otherwise specified in this UDO:

230-30.10 Driveways, concrete patios, sidewalks, and fences may be located along a property line.

230-30.11 In all zoning districts, the following accessory uses and structures shall be allowed in front and side yards: fences, walls, gates and gatehouses, signs, mailboxes, covered mail kiosks, sidewalks, walkways, driveways, parking pads, parking lots, parking decks, EV charging stations with canopies, lampposts, flagpoles, basketball goals adjacent to driveway, birdbaths, birdhouses, arbors, trellises, landscaping, and similar features. 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 and side yards: barns and stables, silos, animal quarters, and agricultural buildings that are customarily related to commercial farming.

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, and similar features.

230-30.12 In all residential zoning districts, except RA-200, the following requirements shall apply to all accessory buildings:

A.

Accessory buildings greater than 120 square feet in floor area shall abide by the following design guidelines:

1.

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

2.

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.

3.

Building height shall not exceed the maximum height permitted by the zoning district or the height of the principal building, whichever is less.

B.

The maximum cumulative total square footage of all accessory buildings allowed on a property shall be no more than 50% of the square footage of the principal building unless a variance is approved by the Zoning Board of Appeals.

C.

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 this UDO.

D.

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

E.

No commercial vehicles, as defined by this UDO, shall be stored inside an accessory building located within a residential zoning district.

230-30.13Dumpsters.

A.

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

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 metal gate. Dumpster enclosures shall be constructed from brick or masonry materials.

D.

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

E.

Construction dumpsters for construction material and debris are permitted only for 30 days or with an active building permit and are exempt from screening requirements.

230-30.14Flagpoles. In all districts, flagpoles shall be permitted as accessory structures subject to the following restrictions:

A.

Shall be setback from property lines a distance equal to the height of the flagpole or greater.

B.

Each lot or parcel shall be allowed a maximum of three flagpoles.

C.

Flagpoles shall be 20 feet in height or less in residentially zoned districts and 80 feet in height or less in non-residentially zoned districts.

230.30.15 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:

A.

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.

B.

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

230.30.16 Collection Bins.

A.

Permit required; dates of issuance, expiration.

1.

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.

2.

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

3.

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.

B.

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.

C.

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:

1.

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.

2.

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.

3.

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.

4.

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.

5.

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.

6.

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.

7.

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.

8.

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

9.

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.

D.

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.

E.

Management, Maintenance; Requirements.

1.

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

2.

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

3.

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.

4.

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.

5.

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.

6.

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.

7.

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.

F.

Location and Placement of Collection Bins.

1.

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

2.

On parcels of land greater than ten (10) acres, the Director shall have the 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.

3.

Collection bins shall only be permitted as an accessory use 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.

4.

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

5.

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.

6.

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

7.

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.

8.

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

9.

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.

10.

Collection bins shall not be placed on sidewalks.

11.

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.

12.

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

G.

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:

1.

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

2.

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.

H.

Size, Appearance, and Screening of Bins.

1.

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.

2.

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.

3.

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.

I.

Violations and Penalties.

1.

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.

2.

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:

a.

Failure to adequately respond to maintenance request;

b.

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

c.

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

d.

Failure to adhere to all permit requirements.

3.

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.

J.

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.

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

A.

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.

B.

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.

C.

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.

D.

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

E.

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

1.

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

2.

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

230-40.1 Proposed structures exceeding the height limitations established by the zoning districts contained within this UDO, and which have not been granted approval by the Board of Commissioners through a concurrent variance, shall be subject to a variance by the Zoning Board of Appeals. The height limitations of this Section shall not apply to:

A.

Cupolas, weathervanes, chimneys, parapets and similar architectural features, or satellite dishes or other necessary mechanical rooftop appurtenances, which extend 12 feet, or less, above the allowable building height.

B.

Steeples, domes, belfries, or ornamental towers which are 100 feet in height, or less.

C.

Barns, silos, and similar agricultural structures which are 35 feet in height, or less within the RA-200 zoning district.

D.

Water towers, smokestacks, conveyors, derricks, and similar industrial structures which are 75 feet in height, or less.

E.

These exclusions shall not apply in the vicinity of airports where Federal Aviation Administration runway protection zone standards shall apply.

230-40.2Minimum Lot Size.

A.

Lots shall meet the minimum lot size and minimum lot width established by each zoning district within this UDO. In addition, no lot served by a septic tank shall have a lesser area than that approved by the Environmental Health Section for safe drinking water and septic tank operation.

B.

For a lot fronting on a cul-de-sac, lot width shall be measured along a straight line tangent and perpendicular to the midpoint of the minimum required curved front setback line.

230-40.3Reduction in Lot Dimensions. No lot shall be reduced in size so that the minimum lot size established by each zoning district within this UDO is not maintained. This limitation shall not apply when a portion of a lot is acquired for a public purpose or for unbuildable lots such as those used exclusively for subdivision identification signage, entrance or landscape features, common areas, mail kiosks, or stormwater facilities.

230-40.4Substandard Lots of Record. Any lot of record existing at the time of the adoption or amendment of the UDO, that has an area or width that is less than is required by the UDO, may be used, subject to the following exceptions and modifications.

A.

Adjoining Lots. When two or more adjoining lots of record with continuous frontage are in one ownership at any time after the adoption or amendment of the UDO and such lots, individually, have an area or width that is less than is required by the UDO, then such contiguous lots shall be considered as a single lot or several lots of the minimum width and area required in the Zoning District in which they are located and are required to be combined.

B.

Individual Lot Not Meeting Minimum Lot Size Requirements. Except as set forth below in 230-20.5.A, in any Zoning District in which one-family dwellings are permitted, any lot of record existing at the time of adoption or amendment of the UDO which has an area, width or depth less than that required by the UDO may be used as a building site for a one-family dwelling.

1.

In any case of such a lot, when it is not possible to provide the required side setbacks and at the same time build a minimum width one-family dwelling, an administrative variance may be granted reducing the side setback requirements for such lot the minimum amount necessary for a reasonable dwelling, but in no case shall each of the side setbacks be less than 5 feet in width.

230-40.5Contextual Front Yard Setback Requirements for Single-Family Residential Lots.

A.

The front setback requirements of the UDO shall not apply on any lot where the average depth of the front yards of existing buildings on adjoining lots located wholly or partially within one hundred (100) feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is either greater or less than the minimum required front setback depth.

B.

If the average depth of the front yards is greater than the required front setback, the minimum front setback for such lot shall be within the range of depths of the front yards of the above referenced buildings.

C.

If the average depth of the front yards is less than the required minimum front setback depth, the depth of the front setback of such lot shall be within the range of depths of the front yards of the above referenced buildings.

D.

These provisions shall not apply to properties located within the RA-200 zoning district.

230-40.6County Approvals that are Required. All County approvals that are required for the use of the land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted with a request for a development permit, building permit, or a certificate of occupancy.

230-40.7Temporary Buildings. 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 upon issuance of a building permit for the temporary building(s).

230.40.8 Industrialized Buildings.

A.

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".

B.

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.

C.

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.

D.

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.

E.

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.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

The minimum distance between dwelling units shall be 10 feet measured at the closest points between the two structures, excluding building projections such as cornices, eaves, steps, handrails, gutters, and downspouts, except where a greater distance is required by the Gwinnett County Construction Code.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-60.1 Cornices, eaves, chimneys, landings, porches, bay windows, or other similar architectural features may extend into the required front, side, and rear setbacks provided such extensions do not exceed 3 feet. Unenclosed Decks, porches, steps, and landings may extend into the minimum required side or rear setback, but no closer than 5 feet from any property line. Unenclosed decks, porches, steps, and landings may extend into the minimum required front yard setback provided that such extensions do not exceed 10 feet and are located at least 5 feet from the front property line.

230-60.2 Canopies, covered entrances or walkways for non-single-family residential uses may extend into the required side or rear setbacks provided such extensions do not exceed 3 feet. Such features may extend into the front setback provided such extensions are no closer than 15 feet from the front property line.

230-60.3 Canopies over fuel pump islands or over pedestrian walkways may extend into any yard provided such extensions are at least 5 feet from any property line.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-70.1 No buildable lot shall be created that does not have access to either a public street, a publicly approved street, publicly maintained street, or private street.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-80.1Height of Fencing Except as provided in Section 230-80.2, no fence shall exceed 4 feet in height within a required front yard setback or 8 feet in height in any other location. .

230-80.2Exceptions to Section 230-80.1 are as follows:

A.

A fence that encloses an approved stormwater management facility may be a maximum of 6 feet in height.

B.

A fence or wall enclosing a sports court may be a maximum of 12 feet in height within a required rear or side yard setback.

C.

The Board of Commissioners may condition the approval of a rezoning or special use permit to require that walls or fences of a height in excess of these regulations shall be placed in any yard where such walls or fence is necessary to provide screening.

D.

Through lots may have a fence up to 6 feet in height along the property line without driveway access.

E.

Subdivision entrance features may be a maximum of 10 feet in height.

230-80.3Fence Design Standards.

A.

Any fence which extends into the required front yard on property less than 3 acres in area shall be constructed of brick, stone, wood, wrought iron, or split rail.

B.

No wall or fence constructed of woven wire or metal fabric (chain link, hog wire or barbed wire) shall extend into a front yard. Woven wire or metal fabric fences may extend into a front yard when property contains a minimum of 3 acres and is used for agricultural purposes.

C.

Electric and barbed wire fences shall be prohibited except on lots which meet or exceed the minimum requirements for raising and keeping of livestock (3 acres) or industrially zoned properties.

D.

Exposed concrete blocks, tires, scrap metal, sheet metal, plastic/fiberglass sheeting, vinyl siding or fabric, plywood, pallet material, junk or other discarded items shall be prohibited as fence material.

E.

Posts shall be anchored in concrete and for privacy fencing shall face inward to the subject property.

F.

Temporary chain link security fences up to 8 ft. in height may be erected to surround a non-single-family residential property up to 30 days prior and 30 days following completion of demolition, rehabilitation, or new construction.

230-80.4 Height of Retaining Walls. No retaining wall shall exceed 4 feet in height within 10 feet of a front property line.

230-80.5 Retaining Wall Design Standards.

A.

Walls visible from an adjoining property shall be tiered so that no single tier is taller than 20 feet.

B.

Retaining walls visible from the public right-of-way shall be constructed of decorative concrete modular block or shall be faced with stone, brick, or textured cement masonry.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-90.1 Whenever a development site contains or is adjacent to an existing cemetery, the following cemetery protection measures shall be required:

A.

A 25-foot in-depth grassed buffer strip and a minimum four-foot high wrought-iron style or brick/stone fence shall be provided around the entire perimeter of the cemetery. Said fence shall be located exterior to the required grassed strip. In instances where a cemetery includes an existing fence, the existing fence may be considered to satisfy this requirement.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-100.1 Zoning Buffer Requirements.

A.

All property zoned for non-residential use shall provide and maintain a zoning buffer along any rear and side property lines abutting a residential zoning district.

B.

All zoning buffers shall meet the planting and maintenance standards for permanent buffers as outlined in Title 3 of this UDO.

C.

Buffers shall meet the minimum width requirements for dissimilar districts as shown in Table 230.1 "Table of Minimum Buffer Requirements" as provided in this Section or as required by a condition of zoning, special use permit, or variance approval. Where conflicts exist between the standards of this section and a condition of approval, the stricter requirement shall apply.

Table 230.2. Table of Minimum Buffer Requirements

¹ RA-200, R-LL, R-100, R-75, R-60, R-SR, & OSC (Inactive Districts: CSO, R-140, RL, R-ZT)

² LRR, MRR, & HRR (Inactive Districts: MH, MHS, RM, RMD, RM-6, RM-8, RM-10, RM-13, RM-24)

³ MU-N, MU-C, & MU-R (Inactive Districts: MUO, MUD)

⁴ C-1, C-2, & C-3 (Inactive Districts: O-R, HS, NS, OBP)

⁵ M-1 & M-2

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)

230-110.1 Purpose. The purpose of these Architectural Design Standards is to enhance the viability and livability of Gwinnett County and encourage pleasing aesthetic design quality in architecture. The Architectural Design Standards promote high quality and aesthetically attractive development and construction in Gwinnett County and establish the basic requirements for architectural and associated landscape components.

230-110.2 Applicability. The Gwinnett County Architectural Design Standards shall apply to all buildings and structures constructed in unincorporated Gwinnett County. Wherever the provisions and/or conditions of a zoning case and the requirements of these standards impose a more restrictive, greater, or higher standards, the requirements of the strictest requirement shall prevail.

230-110.3 Architectural Design Review. Buildings and structures not requiring a Detailed Architectural Design Review, as indicated below, shall adhere to the following:

A.

Building elevations shall be included in the construction plans submitted for a building permit and shall include a finish legend that specifies each product style name and color for all exterior materials and finishes.

B.

Alternate building designs may be granted upon review by the Director of the Department of Planning and Development. Creative, innovative, and unique designs are encouraged, but care must be taken to maintain design compatibility with surrounding buildings and community features. The Director may authorize a review of an Alternative Architectural Review by the Planning Commission. Such Alternative Architectural Reviews shall be submitted on forms provided by and as directed by the Department of Planning and Development.

230.110.4 Special Architectural Design Areas. Certain buildings and structures shall adhere to special review and design requirements.

A.

Buildings and structures within the following areas, or meeting the following thresholds, shall be subject to the following additional review procedures and additional design standards throughout this Section of the UDO:

1.

Those located in an Activity Center/Corridor Overlay Zoning Districts

2.

Those located in a Mixed-Use Zoning Districts

3.

Those located in a Multifamily Residential Zoning Districts

4.

Any new building or structure exceeding 100,000 square feet of gross floor area, regardless of location

B.

Additional review procedures include:

1.

Color elevations of all sides of each building shall be included in the construction plans submitted for a building permit and shall include a finish legend that specifies each product manufacturer, product style name and color for all exterior materials and finishes.

2.

An architectural design guide illustrating building and site accessory design elements and features shall also be submitted with the construction plans.

C.

Alternate building designs may be granted upon review by the Director of the Department of Planning and Development. Creative, innovative, and unique designs are encouraged, but care must be taken to maintain design compatibility with surrounding buildings and community features. The Director may authorize a review of an Alternative Architectural Review by the Planning Commission. Such Alternative Architectural Review shall be submitted on forms and as directed by the Department of Planning and Development.

230.110.5 Building Design for Parcels with Zoning Conditions. Building designs required by zoning conditions as specified by the Board of Commissioners shall be subject to review and approval of the Director of Planning and Development, or his/her designee, prior to the issuance of a building permit.

A.

Whereas a parcel that is subject to zoning conditions and the Architectural Design Standards of this section, the most stringent design condition/standard of each regulation shall apply to the building design.

B.

The director may approve a modification request, pertaining to the designated parcel zoning conditions, to allow alternate façade design and materials provided the building design modification proposes composition and façade finish materials of a quality which exceeds the parcel zoning conditions requirements. Any design modification request pertaining to parcel zoning conditions denied by the Director shall be submitted by application to obtain a Change in Conditions by the Board of Commissioners.

230.110.6 Architectural Design Standards for Commercial and Non-residential Buildings

A.

Design Composition

1.

Existing industrial or warehouse buildings constructed prior to the adoption of these standards are exempt.

2.

Building designs shall incorporate façade treatments with a composition of materials, textures, and window and door patterns and colors. Building designs shall integrate at least one material change and color variation averaged over each façade. Buildings with facades longer than one hundred (100) feet shall have an articulated façade that incorporates at least one significant modulation that includes a plan offset and/or color and texture change.

3.

The appearance and materials of the rear and side walls shall be similar to and compatible with the front of the building. Generally, the primary exterior material(s) incorporated on the front of the building shall be incorporated on all sides.

4.

Building designs shall incorporate a composition of façade features. Features include, but are not limited to, columns, storefront, windows, piers, pilasters, changing rooflines, plan offsets, cornice, tower elements, architectural patterns and texture, cupolas, and dormers.

5.

Building designs with greater than four (4) stories shall incorporate at least one significant color change, material change, or architectural feature on either the lower story or upper story.

6.

Building facade elevation colors shall be neutral, earth tone, and natural finish.

7.

The use of business identity colors may be allowed as part of an entrance feature subject to review by the Director.

8.

Ground mounted electrical, mechanical, and like utility equipment shall be screened. Screening height shall be equal to the height of the equipment. Screens shall be a material consistent with the adjacent building or permanent vegetative landscaping.

9.

Wall mounted electrical, mechanical, utility meters, and other utility equipment shall be screened. Screening height shall be equal to the height of the equipment.

10.

Electrical and gas meters on buildings shall be painted to blend with the surrounding wall.

11.

All roof mounted equipment, such as mechanical units, vent hoods, communication devices, and/or other building system(s) equipment, shall be screened from view on all sides of the building. Roof screening height shall be equal to the height of the equipment with building materials that complement the building facade.

12.

PTAC wall units on buildings located in Special Architectural Design Areas shall incorporate ornamental louvers or screens.

13.

Modular buildings with permanent foundation connection shall have an exterior façade of fiber cement panels which resembles horizontal siding or textured stucco finish. Metal façade panels are prohibited.

14.

Portable buildings shall be prohibited.

B.

Design Materials

1.

Building façade finishes shall be permanent durable materials.

2.

Smooth face concrete masonry units are prohibited.

3.

Textured face concrete masonry shall not exceed 25% of the non-fenestration surface area of any building facade.

4.

Architectural smooth and industrial ribbed metal panels may be allowed subject to review by the Director.

5.

Low temperature refrigeration buildings may have insulated metal panels subject to review by the Director.

6.

Buildings in zoning districts that allow industrial classified buildings with industrial factory occupancies may have precast concrete or tilt-up concrete panels with textured coating finish.

7.

Concrete panels shall have a design pattern of architectural reveals and/or insets.

8.

The building facades shall incorporate a minimum of two colors.

9.

Vinyl siding is prohibited.

10.

Exposed plywood/OSB/pressed wood sheathing is prohibited.

11.

Exterior burglar bars and steel roll-down curtains are prohibited.

12.

Exposed neon, LED or other types of exposed bulb accent lighting shall be prohibited. Light emitting graphic features or signage located on interior walls or bulkheads shall be located a minimum of eight (8) feet behind the exterior glass façade.

13.

Equipment screens for ground mounted units shall have a finish that is consistent with the finish materials of the building façade or provide vegetative landscape screening immediately around the units. Screening shall not resemble mechanical louvers.

14.

Equipment screens for wall mounted units shall have finish that is consistent with the finish materials of the building façade, or vegetative landscape screening shall be provided immediately in front of the equipment units. Screening shall not resemble mechanical louvers.

15.

Equipment screens for roof mounted units and appliances shall be a finish and color consistent with the finish materials of the building facades. Screening shall not resemble mechanical louvers.

16.

Under "glow" lighting of fabric, vinyl, or translucent material awnings is prohibited.

230.110.7 Architectural Design Standards for Multifamily Residential Buildings

A.

Design Composition

1.

Building designs shall incorporate a composition of features. Features include, but are not limited to, columns, windows, doors, balconies, pilasters, changing rooflines, plan offsets, cornice, porch entrances, tower elements, architectural patterns and texture, cupolas, and dormers. The maximum wall length without façade features shall not exceed thirty (30) feet.

2.

Building design shall incorporate a minimum two (2) foot plan offset and/or a color change every one hundred (100) feet.

3.

Building designs shall incorporate a composition of colors and materials. Building designs shall integrate at least one material change and color variation averaged over each façade.

4.

The appearance and materials of the rear and side walls shall be similar to and compatible with the front of the building. Generally, the primary exterior material(s) incorporated on the front of the building shall be incorporated on all sides.

5.

Building designs with greater than four stories shall incorporate at least one significant color change, material change, or architectural feature on either the lower story or upper story.

6.

Building façade elevation colors shall be neutral, earth tone, and natural finish.

7.

Buildings located in Special Architectural Design Areas shall incorporate ornamental louvers or screens on PTAC wall units.

8.

Exterior burglar bars and steel roll-down curtains are prohibited.

9.

Ground mounted electrical, mechanical, and like utility equipment shall be screened. Screening height shall be equal to the height of the equipment. Screening shall not resemble mechanical louvers.

10.

Wall mounted electrical, mechanical, utility meters, and other utility equipment shall be screened. Screening height shall be equal to the height of the equipment. Screening shall not resemble mechanical louvers.

11.

All roof mounted equipment, such as mechanical units, vent hoods, communication devices, and/or other building system(s) equipment, shall be screened from view on all sides of the building. Roof screening height shall be equal to the height of the equipment. Screening shall not resemble mechanical louvers.

B.

Design Materials

1.

Building walls shall incorporate brick, cast stone, and/or stone for at least 30% of the non-fenestration façade area in the first and second story. Exposed basement walls shall be considered as part of the first story.

2.

Smooth face concrete masonry units are prohibited.

3.

Exposed plywood/OSB/pressed wood sheathing is prohibited.

4.

Architectural smooth and industrial ribbed metal panels may be allowed subject to review by the Director.

5.

Exposed neon, LED or other types of exposed bulb accent lighting shall be prohibited, unless otherwise authorized by this UDO.

6.

Equipment screens for ground mounted units shall have a finish that is consistent with the finish materials of the building façade or provide vegetative landscape screening immediately around the units. Screening shall not resemble mechanical louvers.

7.

Equipment screens for wall mounted units shall have finish that is consistent with the finish materials of the building façade, or vegetative landscape screening shall be provided immediately in front of the equipment units. Screening shall not resemble mechanical louvers.

8.

Equipment screens for roof mounted units and appliances shall be a material consistent with the finish materials of the building facades. Screening shall not resemble mechanical louvers.

230.110.8 Architectural Design Standards for Attached Residential Buildings

A.

Design Composition

1.

Building designs shall incorporate a composition of features. Features include, but are not limited to, columns, architectural windows, balconies, pilasters, changing rooflines, cornice, ornamental roof brackets, porch entrances, tower elements, material patterns, cupolas, and dormers.

2.

Building designs shall incorporate a composition of colors and materials. Building designs shall integrate at least one material change and color variation averaged over each façade.

3.

Setbacks and/or roof lines shall be varied so that no more than three (3) adjoining dwelling units within a single building shall have the same front setback or roof line.

4.

Allowed building elevation colors shall be neutral, earth tone, and natural finish.

5.

Ground mounted electrical, mechanical, and like utility equipment shall be screened. Screening height shall be equal to the height of the equipment.

6.

Wall mounted electrical, mechanical, utility meters, and other utility equipment shall be screened. Screening height shall be equal to the height of the equipment.

7.

All roof mounted equipment, such as mechanical units, vent hoods, communication devices, and/or other building system(s) equipment, shall be screened from view on all sides of the building. Roof screening height shall be equal to the height of the equipment.

B.

Design Materials

1.

Front building walls shall incorporate brick, cast stone, and/or stone for at least 50% of the non-fenestration facade area.

2.

Concrete masonry units and metal wall panels are prohibited.

3.

Industrial metal siding is prohibited.

4.

Exposed plywood/OSB/pressed wood sheathing is prohibited.

5.

Exposed neon, LED or other types of exposed bulb accent lighting is prohibited.

6.

Equipment screens for ground mounted units shall have a finish that is consistent with the finish materials of the building façade or provide vegetative landscape screening immediately around the units. Screening shall not resemble mechanical louvers.

7.

Equipment screens for wall mounted units shall have finish that is consistent with the finish materials of the building façade, or vegetative landscape screening shall be provided immediately in front of the equipment units. Screening shall not resemble mechanical louvers.

8.

Equipment screens for roof mounted units and appliances shall be a material consistent with the finish materials of the building facades. Screening shall not resemble mechanical louvers.

230.110.9 Architectural Design Standards for Detached Residential Buildings

A.

Design Composition

1.

Building designs shall incorporate a composition of features. Features include, but are not limited to, columns, architectural windows, balconies, pilasters, changing rooflines, cornice, ornamental roof brackets, porch entrances, tower elements, material patterns, cupolas, and dormers.

2.

Building designs shall incorporate neutral, earth tone, and natural finish colors.

B.

Design Materials

1.

Concrete masonry units, metal wall panels and metal siding are prohibited.

230.110.10 Architectural Design Standards for Parking Decks and Structures

A.

Design Composition

1.

Building designs shall incorporate a composition of features. Features include, but are not limited to, columns, pilasters, tower elements, ornamental grilles, ornamental wall screens, plan offsets, and architectural material patterns.

2.

Building designs shall incorporate a composition of colors and materials. Building designs shall integrate at least one material change and color variation averaged over each façade. Buildings with facades longer than one hundred (100) feet shall an articulated façade that incorporates at least one significant modulation that includes a plan offset, color change, and/or texture change.

3.

Parking decks and structures in Special Architectural Design Areas must maintain architectural compatibility with the adjacent principal building(s).

4.

Exterior facades shall incorporate ornamental or solid guardrail designs.

5.

Building façade elevation colors shall be neutral, earth tone, and natural finish.

6.

Accent colors for unique façade design features may be allowed subject to the review of the Director.

7.

Facades facing public streets or private driveways shall incorporate landscape areas immediately in front of the parking structure.

8.

Openings for ventilation, service, or emergency access located in the façade of the first level must be decorative and shall be designed as an integral feature of the overall façade design.

9.

Ground mounted electrical, mechanical, and like utility equipment shall be screened. Screening height shall be equal to the height of the equipment.

10.

Wall mounted electrical, mechanical, utility meters, and other utility equipment shall be screened. Screening height shall be equal to the height of the equipment.

11.

All roof mounted equipment, such as mechanical units, vent hoods, communication devices, and/or other building system(s) equipment, shall be screened from view on all sides of the building. Roof screening height shall be equal to the height of the equipment.

B.

Design Materials

1.

The front, sides, and rear facades of parking decks and structures shall have a primary composition of brick, stone, architectural pre-cast concrete, and/or formed concrete with textured finish that relates and is compatible to the finishes of the adjacent primary building.

2.

Back lit translucent wall panels shall be prohibited.

3.

Equipment screens for ground mounted units shall have a finish that is consistent with the finish materials of the building façade, or provide vegetative landscape screening immediately around the units.

4.

Equipment screens for wall mounted units shall have finish that is consistent with the finish materials of the building façade, or vegetative landscape screening shall be provided immediately in front of the equipment units. Screening shall not resemble mechanical louvers.

5.

Equipment screens for roof mounted units and appliances shall be a material consistent with the finish materials of the building facades. Screening shall not resemble mechanical louvers.

6.

Under "glow" lighting of fabric, vinyl, or translucent material awnings shall be prohibited. Screening shall not resemble mechanical louvers.

230.110.11 Architectural Design Standards for Commercial and Non-residential Canopy Structures

A.

Design Composition

1.

Canopy designs shall incorporate neutral, earth tone, and/or natural finish colors that matches the adjacent primary building.

2.

Canopy design may include one six-inch height horizontal feature featuring a business color.

3.

Other business identity color features and graphics may be allowed as signage.

4.

All under canopy lighting for gas/service islands must be fully recessed fixtures.

B.

Design Materials

1.

Columns shall have full height brick, stone, stucco, and/or architectural wood case with a finish that complements the finish of the primary adjacent building. Columns shall be a minimum of 12 inches by 12 inches plan size.

2.

Exposed rough timber columns may be allowed subject to review by the Director.

3.

The vertical fascia panels shall be an opaque material. Backlit translucent panels shall be prohibited. The color of the vertical façade panels shall match the main color of the adjacent primary building.

230.110.12 Architectural Design Standards for Commercial, Non-residential, and Multifamily Miscellaneous Site Structures (Miscellaneous site structures include but are not limited to trash enclosures, shopping cart corrals, and vending/self-service machines. Refer to Section 5.0.0. for color and finish standards.)

A.

Design Standards for Commercial, Non-residential, and Multifamily Miscellaneous Site Structures

1.

Dumpsters shall be screened from view on all sides with an opaque wall and gate. Dumpster enclosures screen walls shall have a finish consistent with the finish materials of the building façade. Screen walls shall be a minimum of six (6) feet in height and shall be at least equal in height to the height of the dumpster.

2.

Trash receptacles shall be screened from view on all sides with an opaque wall or decorative fence. Trash enclosures shall have a finish consistent with the finish materials of the building façade. The screen wall or fence shall be at least equal in height to the height of the trash receptacles.

3.

Shopping cart corrals, located in parking lots, shall have decorative side rails and posts with at least 50 percent infill screen. Shopping cart corrals located directly at the facade of the building shall be screened with an opaque decorative masonry wall at least equal in height to the height of the carts.

4.

Vending/self-service machines shall not be located directly in front of glass/window storefront areas. The vending machines shall not exceed the ratio of one vending machine per 25 linear feet of tenant store frontage.

230.110.13 Architectural Design Standards Color and Finish Chart

A.

Definition of Colors and Materials

1.

Neutral—Colors that have a low (less than 50%) color value and low (less than 50%) color saturation intensity.

2.

Color value (also known as lightness or luminosity) is the measure of the relative lightness or darkness of a color.

3.

Color saturation is the measure of the intensity of a color.

4.

Earth Tone—Colors that draw from a color palette of browns, tans, warm grays, greens, oranges, whites, and some reds, and some blues. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.

5.

Natural Finish—Colors and patterns that naturally occur in wood grain textures or stone without a tinted finish.

Table 230.3.Color and Finish Chart

The following chart represents, but is not limited to, typical and common building finishes.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 24), 9-26-2023)