There are three mixed-use zoning districts, each with its distinct purpose and intent: Neighborhood Mixed-Use District (MU-N), Community Mixed-Use District (MU-C) and Regional Mixed-Use District (MU-R). The primary purpose of these districts is to promote pedestrian-oriented mixed-use developments that will facilitate a more efficient use of land and infrastructure and preserve open space, while allowing varying densities, intensities and flexibility in zoning and development requirements.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

213-20.1Purpose and Intent. The purpose of the Neighborhood Mixed-Use District (MU-N) is to promote complementary groupings of small-scale mixed-use buildings that are within walking distance and compatible with the surrounding neighborhood. It is the intent of this district to provide for diverse housing options to accommodate multigenerational communities with a range of residential building forms, lot sizes and dwelling sizes and neighborhood-oriented retail, services and low intensity office uses that are within convenient walking distances.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

210-30.1Purpose and Intent. The purpose of the Community Mixed-Use District (MU-C) is to promote complementary groupings of community-scale mixed-use buildings and activity areas along commercial corridors at locations that have adequate infrastructure and transportation access. The intent of this district is to promote diverse uses, including places of employment, shopping and commercial services, varied housing options for multigenerational communities within pedestrian and bicycle friendly mixed-use activity centers and corridors that are compatible with established surrounding neighborhoods.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

213-40.1Purpose and Intent. The purpose of the Regional Mixed-Use District is to encourage the development, redevelopment, or revitalization of commercial and residential areas along major transportation corridors into vibrant, high density, pedestrian friendly, live-work-play environments that offer employees and residents the opportunity to fulfill their daily activities with minimal use of single-occupant automobiles. The intent of this district is to allow flexibility in design standards and high-density residential development in exchange for innovative and high standards inclusive of landscaping, green space, urban space, and public amenities within a distinct, unified theme that can improve the viability of the development and surrounding communities.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

Table 213.1. Dimensional Standards

¹  Where the backs of single-family attached or detached residential units are oriented toward an external public street, a 40-foot-wide setback with a 10-foot-wide landscape strip shall be required between the sidewalk and residential units.

²  For detached single family lots. Zero (0) feet for all other uses.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

213.60.1 The uses set forth below shall be permitted only as listed within each corresponding zoning district and only in the manner so listed. Any use not listed within each corresponding zoning district shall be prohibited, except as contained herein. Additionally, for any use not listed below, 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.

213-60.2 Uses in the MU-N, Neighborhood Mixed-Use District, shall be subject to the following:

A.

Non-residential uses within the MU-N, Neighborhood Mixed-Use District shall be permitted as allowed in the C-1, Neighborhood Business District and the O-I, Office-Institutional District.

B.

Residential uses within the MU-N, Neighborhood Mixed-Use District shall be permitted as allowed in the R-IF, Residential In-Fill District and the LRR, Low-Rise Residential Multifamily District.

C.

Include at minimum two major land use categories chosen from office, retail, or residential. No single land use category shall constitute less than 5 percent of the gross floor area of the entire development.

213-60.3 Uses in the MU-C, Community Mixed-Use District, shall be subject to the following:

A.

Non-residential uses within the MU-C, Community Mixed-Use District shall be permitted as allowed in the C-1, Neighborhood Business District and the O-I, Office-Institutional District.

B.

Residential uses within the MU-C, Neighborhood Mixed-Use District shall be permitted as allowed in the MRR, Mid-Rise Residential Multifamily District.

C.

Include at minimum two major land use categories chosen from office, retail, or residential. No single land use category shall constitute less than 10 percent of the gross floor area of the entire development. A minimum of 25% of required non-residential uses shall be located on the ground floor of vertically mixed-use buildings. Up to 50% of non-residential ground floor uses within a vertically mixed-use building may be constructed as convertible space for future non-residential occupancy or constructed as live-work units.

213-60.4 Uses in the MU-R, Regional Mixed-Use District, shall be subject to the following:

A.

Non-residential uses within the MU-R, Regional Mixed-Use District shall be permitted as allowed in the C-2, General Business District and the O-I, Office-Institutional District, with the following exceptions:

1.

The following uses shall be prohibited in the MU-R District unless approved as a Special Use Permit:

a.

Aircraft Landing Field, private

b.

Animal Care Establishment, with outdoor pens or runs

c.

Carpet or Upholstery Cleaning Service Office

d.

Cemetery or Mausoleum

e.

Hookah, Vapor, or Cigar Lounge

f.

Landscaping Contractors Office

g.

Light Industrial Facilities

h.

Personal Care Home, congregate

i.

Restaurant, with drive-in or drive-thru service

j.

Self-Storage Facility

k.

Shooting or Archery Range, indoor

l.

Recreational Vehicle Park or Campground

m.

Vehicle Rental and Related Service Establishments (unless located within a parking structure)

n.

Vehicle Repair, Service, and Body Work Establishments

o.

Vehicle Sales and Related Service Establishments

B.

Residential uses within the MU-R, Regional Mixed-Use District shall be permitted as allowed in the HRR, High-Rise Residential Multifamily District.

C.

Include at minimum two major land use categories chosen from office, retail, or residential. No single land use category shall constitute less than 10 percent of the gross floor area. A minimum of 50% of required non-residential uses shall be located on the ground floor of vertically mixed-use buildings. Up to 50% of non-residential ground floor uses within a vertically mixed-use building may be constructed as convertible space for future non-residential occupancy or constructed as live-work units.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

A.

The Floor Area Ratio (FAR) and maximum height of development, without density bonuses, within the MU-R District shall be 3.0 FAR and 75 feet in maximum height, unless otherwise approved as a zoning condition by the Board of Commissioners or through density bonuses outlined in this UDO.

B.

Additional bonuses as listed below may be granted by the Director or as a zoning condition by the Board of Commissioners, subject to the approval of a site-specific concept plan.

Table 213.2: Amenities Eligible for FAR Bonus for MU-R District

Table 213.3: Maximum Allowable Building Height for the MU-R District (Subject to Approved Bonus Density)

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)

All mixed-use districts MU-N, MU-C and MU-R shall comply with the applicable site related provisions contained in Title 3 of the UDO and the following additional standards.

213-80.1Open space. Open space shall meet the following design standards:

A.

Open space shall meet all standards set forth in this UDO.

B.

Open Space shall include at least one conveniently located public gathering area or activity center with related amenities and improvements in the form of a square, green, plaza, or similar approved element that is accessible by the general public from at least three points of entry by sidewalks.

C.

Open space may include greenways or greenway access to satisfy the requirements of the 2014 Gwinnett County Open Space and Greenways Master Plan as well as the 2018 Gwinnett Countywide Trails Master Plan.

213-80.2Connectivity.

A.

Interconnected network. It is the intent of this section that the public access ways, walkways, transportation facilities, and improvements in the mixed-use district contribute to an inter-connected and continuous network providing convenient vehicular and pedestrian access to abutting properties. The design of developments and related public improvements shall provide for maximum connections for automobiles, pedestrians, bicycles, and public transportation to off-site and on-site attractions such as concentrations of employment, shopping, housing and community services, public parking, parks, and public facilities.

B.

Vehicular connectivity.

1.

No streets may be longer than 500 feet without an intersection with another street or alley.

2.

Any private vehicular garages shall be served from alleys and shall not be visible from an external right-of-way. Garage doors shall be setback at least 18 ft. from the adjacent alley so that parked vehicles in the driveway shall not obstruct the alley.

3.

The street network shall form a connected pattern (grid system).Cul-de-sacs shall be prohibited. Street shapes should form an interconnected grid pattern. Street patterns shall also be designed to respect and follow existing terrain as much as possible to minimize earthmoving and disruption of the existing topography.

4.

New streets shall contribute to an inter-connected network and meet all of the following standards:

a.

Location of the new street shall be reviewed and approved by the Gwinnett DOT. Such approval shall be contingent on a finding that the new street will serve a public purpose such as improving traffic safety, reducing traffic congestion, or improving vehicular and pedestrian circulation and access to major thoroughfares.

b.

Right-of-way and design of the new street shall meet applicable requirements provided in this UDO.

c.

Streets may not be gated.

C.

Pedestrian Connectivity.

1.

There shall be minimum 5-foot-wide landscape strip separating 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 shall be provided:

a.

Between building entrances for all buildings in the same block.

b.

Along both sides of the street frontage of all streets.

c.

Through parking lots and parking structures at regular intervals connecting to building entrances and the public sidewalks on surrounding streets.

213-80.3Public Improvements.

A.

Sidewalks shall be provided as required in Section 900-90.

B.

Multiuse Paths shall be provided on both sides of streets classified as arterials and shall comply with Section 900-100. Eligible FAR Bonus, if applicable, may be granted by the Director for multiuse paths constructed on streets.

C.

Crosswalks and pedestrian crossing signage shall be provided consistent with the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD) and AASHTO, as per Gwinnett DOT approval.

D.

Greenway Access.

1.

Greenways shall be provided in accordance with the 2014 Gwinnett County Open Space and Greenway Master Plan as well as the 2018 Gwinnett Countywide Trails Master Plan and maintained in accordance to Sections 900-110, and other applicable sections of the UDO. Final location of the greenways shall be coordinated with the Department of Community Services.

2.

If a project abuts a greenway, then a multiuse path shall be provided connecting to the greenway for pedestrian and bicycle use.

213-80.4Access Easements and Inter-parcel Access.

A.

Inter-parcel access, joint driveways, cross-access drives, and access easements shall be provided, as follows, except where the Director determines that they are infeasible because of topographic or other site-specific constraints:

1.

Inter-parcel driveway connection or provision of a future inter-parcel driveway stub (with appropriate cross-access easements) shall be required between adjacent non-residential properties;

2.

Joint driveways and cross-access easements shall be established for all adjoining parcels.;

3.

Roads are to be designed with a design speed of 25 mph and a two-way travel aisle, with a minimum of 22 feet to accommodate automobiles, service vehicles, and loading vehicles;

4.

Driveway aprons, stub-outs, and other design features or traffic calming features may be required by the Director or Gwinnett DOT to indicate cross access or service drive for traffic safety or per County standards.

213-80.5Parking Management.

A.

Vehicle Parking.

1.

The maximum number of required off-street parking spaces shall be as provided in Chapter 240. There shall be no minimum required parking within Mixed-Use Districts

2.

All off-street parking must be located to the side or rear of the principal buildings within MU-N and MU-C Districts and screened from residential districts per Section 620-80, No Access Easement Screening Requirements, and the UDO Design Guidelines. In MU-R, no more than 20 percent of the required parking for a building shall be in parking lots located between the facade of the building and the street on which the building faces. These parking lots shall be limited to two rows of parking spaces with a center drive aisle meeting the requirements of this UDO.

B.

Bicycle Racks.

1.

All uses t shall provide bicycle racks consistent with each of the standards below:

a.

Provide at least one bicycle rack space for every 30 parking spaces provided for motorized vehicles.

b.

No single building shall provide less than 2 bicycle parking spaces or be required to provide more than 30 bicycle rack spaces.

c.

Bicycle racks shall be anchored to a concrete pad and shall be located outside of the street right-of-way, in a well-lighted area, no more than 50 feet from the primary entrance of the building. Multifamily buildings shall provide indoor lockable bicycle storage.

213-80.6Building Services.

A.

Off-street loading and servicing areas shall be enclosed with a parking structure or located to the rear of all buildings and screened from public view.

B.

All retaining walls and fences shall be constructed of materials and colors that are compatible with those of the principal building facade.

C.

Access ways and loading areas used for delivery trucks, service vehicles, and driveway and loading areas for garbage trucks shall provide safe means of ingress and egress from public streets such that delivery vehicles and garbage trucks are not required to back into streets classified as arterials or collectors on the Gwinnett County Long Range Road Classification Map.

D.

All access ways and loading areas shall provide a minimum horizontal and vertical clearance of 14 feet at all points.

E.

Mechanical equipment located at ground level, roof level, or attached to buildings shall be screened from view from all streets and public rights-of-way with screening walls or landscaping.

213-80.7Transition Height along Exterior Boundaries.

A.

All buildings, or portion thereof, located within 50 feet of a single-family detached residential district of lower density shall have a maximum height equal to that of the adjacent district, for the potion of the building within 50 feet of that adjacent district.

213-80.8Landscape, Buffers, and Tree Protection.

A.

The purpose of landscape requirements in Mixed-Use Districts is to provide for flexibility of design based upon the pedestrian and vehicular connectivity, the type of common space areas, architectural design, and density, while the objective is to maintain the health and well-being of the trees.

B.

Buffers and tree protection shall be in conformity with this UDO.

C.

Trees within the Mixed-Use Development must meet street tree, parking lot tree and 16 tree density units per acre requirements. Street trees may count towards meeting the tree density units.

1.

Street trees.

a.

Trees on major entry drives throughout the development shall be canopy trees.

b.

Trees on local streets throughout the development may be canopy or small trees.

c.

If tree wells are provided within sidewalks, a tree grate, or pavers shall be provided for each tree. Engineered soils and irrigation for each tree is required. An owner or developer shall submit to the Department of Planning and Development the engineered soil specifications prior to issuance of development permit. Details of the tree grates are required to be on the plan.

2.

Parking Lot Trees.

a.

Parking rows shall terminate with a planting island unless adjacent to a landscape strip.

b.

Landscape islands shall be provided within parking lots no farther apart than every 15 parking spaces meeting all other requirements of this UDO.

c.

Recommendations for parking lot planting area designs:

i.

The use of elongated planting strips that is perpendicular to the parking stalls;

ii.

Irrigation and a long-term maintenance plan for newly planted trees and shrubs; and,

iii.

The use of at-grade planting areas (bioswales) in parking lots to promote stormwater runoff treatment.

D.

Screening Off-Street Parking Lots.

1.

Off-street parking lots shall be screened from adjacent roadways and sidewalks by a landscape strip consistent with the UDO Guidelines of Chapter 600.

213-80.9Streetscape Design.

A.

The location and specifications of other improvements in public rights-of-way, including streetlights, bike racks, trash receptacles, benches, street trees, and landscaping, shall be as provided below:

1.

Lighting.

a.

A unified lighting plan must be submitted with the development permit application for approval by the Department in accordance with Section 240-100 and other sections as applicable. Such lighting must provide adequate vehicular and pedestrian visibility and security of on-site areas such as building entrances, parking, service delivery and pedestrian walkways. Light fixtures shall include glare shields to limit direct rays onto adjacent residential properties. Such lighting plan must include typical designs for shielded light fixtures, light poles, and lighting levels that are compatible with or complement the surrounding developments.

2.

Pedestrian amenities.

a.

Public gathering areas shall be designed with appropriately scaled and thematic site furnishings or amenities such as decorative seating, planters, or water fountains. Site furnishings and amenities shall be located outside of the street right-of-way and be privately maintained.

b.

Materials should be durable and variable in texture, color, and form. Plastic or petroleum-based resin materials are prohibited.

3.

Landscaping shall be separated from vehicular uses by some form of barrier such as high back concrete curb, bollards, curb stops, or other suitable permanent alternative.

4.

A minimum 5-foot-wide strip shall be provided between the sidewalk and the curb. This strip shall be grassed when not adjacent to on-street parking and shall be constructed with pavers or similar materials approved by the Department if adjacent to on-street parking spaces.

5.

Street trees shall be provided at least 50' on center between the sidewalk and the street.

6.

Pedestrian lights shall be provided between every other street tree (at least 100' on center) between the sidewalk and the street.

7.

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

213-80.10Utilities.

A.

All proposed utilities located along streets in the Mixed-Use Districts, except for substations and major electric transmission lines located on separate easements, are required to be placed underground or relocated to the rear of the property so that they will be less visible from streets.

213-80.11Signs. Signs for buildings with an individual use or tenant shall be permitted in accordance with the Gwinnett County Sign Ordinance.

213-80.12Building Design.

A.

Odor Scrubbing.

1.

Where residential uses are located with other non-residential uses within the same building, odor scrubbing equipment shall be required of the non-residential tenant to eliminate obnoxious odor as deemed appropriate for each use.

B.

Doors and Entrances.

1.

Buildings must have a primary entrance door facing a public sidewalk and accessible to the public during business hours. Entrances at building corners may be used to satisfy this requirement.

2.

Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

213-80.13Outdoor Operations.

A.

All uses and operations except off-street parking, off-street loading and delivery and walk-up customer service windows shall be conducted completely within enclosed buildings, except as follows:

1.

Outdoor seating for restaurants shall be subject to the supplemental use regulations of this UDO and be located outside of the street right-of-way.

2.

Outdoor display or sales of merchandise shall be subject to the supplemental use regulations of this UDO and be located outside of the street right-of-way.

213-80.14Property Owners Association.

A.

Open space, stormwater management facilities, floodplain and wetland areas shall be owned in fee-simple by a mandatory property owner's association or approved entity. The developer shall record the deed to the common area prior to, or concurrent with, the recording of the first final subdivision plat.

B.

The property owner's association, or other approved entity shall be responsible for the continuous maintenance and protection of buffers, common areas, and recreation areas established pursuant to this Section.

C.

At minimum, the property owner's association bylaws or covenants, shall contain the following provisions:

1.

Governance of the association by the Georgia Property'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.

2.

Responsibility for maintenance of the open space or common area.

3.

Responsibility for insurance and taxes.

4.

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

5.

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

6.

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

213-80.15Application Process. The Mixed-Use rezoning process shall follow the process for rezoning as prescribed in Section 270-20 with the following modifications:

A.

Each applicant for the mixed-use district shall provide evidence of the unified control of the entire parcel. During the development process, more than one owner may participate in the development of the approved plan so long as each parcel of land remains subject to all of the terms and conditions of the Zoning Exhibit approved for the property as a whole.

213-80.16Phasing Plan. A phasing plan shall be submitted with the development permit application, and approved by the Director, unless the entire development is to be completed at one time. Such phasing plan shall describe and illustrate in written and graphic format the incremental implementation of the Mixed-Use development over a number of years, including the sequence, timing, and responsibility for construction of each building, support facilities, infrastructure, and utilities. The revision of the phasing plan is permitted and must be approved by the Department prior to each construction phase.

213-80.17Other Requirements. The applicant shall adhere to all other applicable requirements of this Ordinance and other applicable requirements of Gwinnett County. In any case where the standards and requirements of this district conflict with other provisions of the Gwinnett County Code of Ordinances, the requirements of this district shall govern.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 21), 9-26-2023)