This Title 2 is intended to implement the purposes set forth in Section 100-20, and further is enacted for the purposes of promoting the public health, safety, and the general welfare of the present and future inhabitants of Gwinnett County; of lessening congestion in the streets; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land, avoiding both undue concentration of population and urban sprawl; protecting natural resources, facilitating the adequate provision of multi-modal transportation, water, sewerage, schools, parks and other public requirements; protecting property against blight and depreciation; encouraging the most appropriate use of land, buildings and other structures throughout the County; securing economy in government expenditures; and for other purposes, all in accordance with a comprehensive plan for the development of the County.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

This Title 2 is enacted pursuant to Gwinnett County's authority to adopt plans and exercise the power of zoning granted by the Constitution of the State of Georgia, Article 9, Section 2; pursuant to Chapters 66 and 70 of Title 36 of the Official Code of Georgia Annotated; by the Georgia Planning Act of 1989; by Gwinnett County's authority to enact regulations and exercise powers granted by local laws and by the County's general police powers; and by other powers and authority provided by applicable federal, state, and local laws.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

200-30.1 The location and boundaries of Zoning Districts are hereby established as shown on the map entitled "Official Gwinnett County Zoning Map" which is hereby made a part of this UDO. The Official Gwinnett County Zoning Map may be amended from time to time and maintained in electronic format by the Gwinnett County Geographic Information System .

200-30.2 Certified copies of said map shall be prepared by the Gwinnett County Department of Planning and Development, Planning Division.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

200-40.1 For the purposes of this Unified Development Ordinance, the unincorporated area of Gwinnett County, Georgia, is divided into Zoning Districts designated as follows:

200-40.2Inactive Zoning Districts. No new zoning applications will be accepted for the inactive districts listed below, or any other inactive zoning districts in the County. In these districts, any existing or proposed development shall conform to the development and use standards established by zoning resolution for that particular parcel, or the most similar current zoning district as indicated in 240.2.B below, subject to the provisions of Section 100-60 and any other applicable sections of this UDO.

A.

Inactive Zoning Districts include, but are not limited to, the following:

1.

MOD Modified Single-Family Development

2.

CSO Conservation Subdivision Overlay District

3.

R-140 Single Family Residence District

4.

RL Lakeside Residence District

5.

R-ZT Single Family Residence Zero Lot Line/Townhouse District. (Prior to January 2005)F.R-ZT Single Family Residence District. (After January 2005

6.

R-TH Single Family Residence Townhouse District. (Prior to January 2005)

7.

MH Manufacture Housing

8.

MHS Manufactured Housing Subdivision District

9.

RM Multi-Family Residence District

10.

RMD Multi-Family Residence District (Duplexes)

11.

RM-6 Multi-Family Residence District

12.

RM-8 Multi-Family Residence District

13.

RM-10 Multi-Family Residence District

14.

RM-13 Multifamily Residence District

15.

RM-24 Multifamily Residence District

16.

HS Hospital Service District

17.

NS Neighborhood Shopping District

18.

O-R Office-Residence District

19.

OBP Office-Business Park District

20.

MUO Mixed-Use Overlay District

21.

MUD Mixed-Use Development District

22.

Big Haynes Creek Conservation Subdivision Option

B.

Similar Current Active Zoning Districts (Inactive District: Active District):

200-40.3 Split-Zoned Parcels. No application for rezoning shall be permitted that creates a split-zoned parcel, unless otherwise authorized by this UDO or by action of the Board of Commissioners.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

200-50.1 Where uncertainty exists with respect to the location of the boundaries of any Zoning District in Gwinnett County, Georgia, the following rules shall apply.

A.

Where a Zoning District boundary line is shown as approximately following a corporate limits line, a militia district line, a land lot line, a lot line or the centerline of a street, a county road, a state highway, an interstate highway or a railroad right-of-way or such lines extended, then such lines shall be construed to be the Zoning District boundary lines.

B.

Where a Zoning District boundary line is shown as being set back from a street, a county road, a state highway, an interstate highway, or a railroad right-of-way, and approximately parallel thereto, then such Zoning District boundary line shall be construed as being at the scaled distance from the centerline of the street, county road, state highway, interstate highway or railroad right-of-way and as being parallel thereto.

C.

Where a Zoning District boundary line divides a lot, the location of the line shall be the scaled distance from the lot lines. In this situation, the requirements of the Zoning District in which the greater portion of the lot lies shall apply to the balance of the lot, unless otherwise determined by conditions of zoning.

D.

Whenever any street, alley or other public way is vacated or abandoned by official action of the County, the zoning district adjoining each side of the street, alley or public way will be automatically extended to the center of the street, alley or public way.

E.

Where a boundary line is shown and its location is not fixed by any of the rules of this sub-section, its precise location is determined by scaling from fixtures, objects, or other structures shown on the map.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

200-60.1Role of the Comprehensive Plan. The Gwinnett County Unified Plan (Comprehensive Plan), consisting of its Future Development Map and related policies, as may be amended from time to time, is hereby established as the official policy of the County concerning designated future land uses, and as a guide to decisions regarding the appropriate manner in which property shall be zoned in the unincorporated area of Gwinnett County.

200-60.2Relationship between Comprehensive Plan and Zoning. The Gwinnett County Unified Plan (Comprehensive Plan) does not change the existing zoning districts in Gwinnett County, does not effectuate an amendment to the Gwinnett County Zoning Map, and does not itself permit or prohibit any existing land uses. Instead, the Unified Plan establishes broad planning policy for current and future land uses and should be consulted as a guideline for making decisions about applications to amend the Gwinnett County Zoning Map and text of the UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

200-70.1 The Director is authorized to administer and interpret the UDO Design Guidelines included in the UDO Appendix and adopted as a part of this UDO. These guidelines provide acceptable architectural design controls, landscaping, detail drawings, signage, fencing, lighting, and street and site furniture.

200-70.2 In the case that any provision of Title 2 Land Use and Zoning, or Title 3 Land Development, conflicts with those of the UDO Design Guidelines, the provisions of Title 2 and Title 3 shall govern.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

Upon request, the Director or designee shall have authority to issue written zoning certifications stating the existing zoning of a particular parcel of property. Requests to the Director or the Director's designee shall be in writing, accurately identify the subject property as required by the Director, and be accompanied by a fee established by the Board of Commissioners.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)

Undeveloped property which has been de-annexed from any municipality or other county will be subject to the same zoning district, including any conditions established prior to annexation. However, if the zoning district within Gwinnett County cannot be determined from existing records or by the Director, a public hearing, as specified in Section 270, will be conducted to establish the appropriate zoning classification for the property. Any lawfully developed, de-annexed property shall be zoned to the nearest compatible zoning district in which the use is permitted. Any non-conforming use shall be subject to the provisions of Chapter 260 of this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 17), 9-26-2023)