Table of Contents. Title 1: Administration. Table of Contents. gwinnettcounty Unified Development Ordinance Updated July 2015

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1 Title 1: Administration Chapter 100. General Provisions. Section Title. 1 Section Purpose. 1 Section Authority. 2 Section Jurisdiction. 2 Section Application of Ordinance. 2 Section Relationship to Existing Ordinances. 3 Section Effective Date. 3 Section Amendments. 4 Section Duties of the Department of Planning and Development. 4 Section Fees. 6 Section Severability. 6 Chapter 110. Definitions. Section Rules of Interpretation. 7 Section Rules of Precedence. 7 Section Abbreviations. 8 Section General Definitions. 9 Section Definitions by Category/Chapter. 35 Chapter 120. Enforcement and Penalties Section Violations of the. 40 Section Inspection and Right of Entry. 40 Section Notice of Violation. 41 Section Stop Work Orders 41 Section Suspensions, Revocations, or Modifications. 42 Section Other Enforcement and Penalties. 42 Section Issuance of Citations or Summons to Court; Violations; Penalties for Violations. 42 Section Other Remedies and Penalties. 43 Section Administrative Appeal and Judicial Review. 43 Section Liability. 43 i

2 Title 2: Land Use and Zoning Chapter 200. General Provisions. Section Purpose. 1 Section Authority. 1 Section Incorporation of Official Zoning Map. 1 Section Division of County into Zoning Districts. 1 Section Interpretation of Zoning District Boundaries. 2 Section Relationship to Comprehensive Plan. 2 Section Incorporation of UDO Design Guidelines. 3 Section Incorporation of Gwinnett County Architectural Design Standards. 3 Section Zoning Certification. 3 Section Zoning Classification of De-Annexed Property. 3 Chapter 210. Base Zoning Districts. Section RA-200 Agriculture-Residence District. 4 Section R-LL Single-Family Residence-Large Lot. 4 Section R-100 Single-Family Residence District. 5 Section R-75 Single-Family Residence District. 5 Section OSC Open Space Conservation District. 6 Section R-60 Single-Family Residence District. 12 Section MH Manufactured Housing. 13 Section TND Traditional Neighborhood Development District. 14 Section R-SR Senior Oriented Residence District. 20 Section R-TH Residence Townhouse District. 24 Section RM-13 Multifamily Residence District. 26 Section RM-24 Multifamily Residence District. 27 Section HRR High-Rise Residence District. 27 Section O-R Office-Residence District. 29 Section O-I Office-Institutional District. 31 Section C-1 Neighborhood Business District. 32 Section C-2 General Business District. 33 Section C-3 Highway Business District. 33 Section Mixed-Use Districts. 34 ii

3 Chapter 210. Base Zoning Districts. Section MU-N Neighborhood Mixed-Use District. 34 Section MU-C Community Mixed-Use District. 34 Section MU-R Regional Mixed Use District. 35 Section Minimum Design Standards of Mixed Use Districts. 37 Section M-1 Light Industry District. 43 Section M-2 Heavy Industry District. 44 Chapter 220. Overlay Zoning Districts. Section Interpretation and Applicability of Overlay Districts. 45 Section Big Haynes Creek-Alcovy Watershed Protection Overlay District. 45 Section Activity Center/Corridor Overlay District. 46 Chapter 230. Standards Applying To All Districts. Section Dimensional Standards of Zoning Districts. 50 Section Application of Dimensional Standards. 51 Section Building/Structure Height Measurements and Exceptions. 53 Section Only One Principal Building or Use on a Lot. 53 Section Minimum Space between Dwelling Units. 53 Section Permitted Encroachments upon Required Setbacks. 54 Section Road Frontage. 54 Section Fences and Walls. 54 Section Table of Permitted and Special Uses. 55 Section Accessory Building, Structure and Use Standards. 65 Section Supplemental Use Standards. 66 Chapter 240. Off-Street Parking Standards. Section General Requirements. 78 Section Parking Space Requirements. 79 Section Reduction in Minimum Parking Requirements. 81 Section Parking Structures. 82 Section Handicap-accessible Parking. 82 Section Construction and Dimensional Requirements of Parking Areas. 82 Section Driveways. 83 Section Stacking Lanes for Drive-through Facilities or Service Windows. 83 iii

4 Chapter 240. Off-Street Parking Standards. Section Landscaping in Parking Lots. 84 Section Lighting in Parking Lots. 84 Section Vehicle Parking Area. 85 Section Off-Street Loading Standards. 86 Section Construction and Dimensions of Off-street Loading. 87 Chapter 245. On-Street Parking Standards. Section General Requirements. 88 Section Parking Space Requirements. 89 Section On-Street Parking Requirements Specific to Zoning Districts. 89 Chapter 260. Non-Conforming Uses. Section Continuance of Non-Conforming Uses. 90 Section Continuance of a Non-Conforming Building. 90 Section Buildings and Structures Where Construction Has Begun. 90 Section Prior Authorization. 90 Chapter 270. Procedures. Section Administration and Legislative Bodies. 91 Section Zoning Ordinance Text and Map Amendments. 91 Section Special Use Permits. 93 Section Conditional Approvals. 95 Section Exceptions from the Definition of the Term Family. 97 Section Withdrawal of Application. 97 Section Lapse of Time Requirement for Reapplication. 97 Section Zoning Board of Appeals. 98 Section Appeals to the Zoning Board of Appeals. 99 Section Variances to the Zoning Board of Appeals. 99 Section Burden of Proof in Appeals and Variances. 101 Section Appeals to Decisions of the Zoning Board of Appeals. 101 Section Administrative Variances. 101 iv

5 Title 3: Development and Permitting Chapter 300. Reserved. Chapter 310. Subdivision Standards. Section Application of Subdivision Standards. 2 Section Subdivision Exemptions. 3 Section Priority of Conditions of Zoning over these Regulations. 5 Chapter 320. Plan and Plat Guidelines. Concept Plans 6 Section Concept Plans. 6 Section Specimen Tree Survey and Specimen Tree Concept Plan. 8 Development Plans 9 Section Site Development Plan. 9 Section Subdivision Development Plan. 11 Section Construction Plans. 14 Section Limited Land Disturbance Plan 17 Section Grading Plan. 17 Section Utility Plan. 18 Section Tree Preservation and/or Replacement Plan. 18 Section Buffer and Landscape Plan. 20 Final Plats 20 Section Non-residential Final Plat Specifications for Platting Only Purposes. 20 Section Final Plat Specifications. 24 Section As-Built Drawings. 28 Section Structure Location Plans. 29 Chapter 330. Permits Required for Development or Construction. Section Land Disturbance Permits. 33 Section Development Permit. 34 Section Building Permits. 35 Section Certificate of Completion or Certificate of Occupancy. 36 Section Swimming Pool Permit. 36 v

6 Chapter 340. Site and Subdivision Development Plan Review Procedures. Section Pre-Application Conference. 37 Section Subdivision Plan Application and Review Process. 37 Section Site Development Plan Application and Review Process. 39 Section Modifications and Waivers. 40 Section Final Plat Approval Process. 41 Section Procedures for Revising Final Plats. 42 Section Stormwater As-Built Plan Review Process. 42 Section Water and Sewer As-Built Plan Review Process. 43 Section Development Conformance, Performance Surety, Maintenance Surety and Continuing Maintenance. 43 Chapter 350. Inspections. Section Initiation of Development Activities. 46 Section Development Inspections. 47 Section Stop Work Orders. 48 Section Approval of Development Conformance. 48 Chapter 360. Development Design Standards. Section Incorporation of Standard Drawings. 49 Section Incorporation of Architectural Design Standards. 49 Section Incorporation of the Gwinnett County Open Space and Greenway Master Plan. 49 Section Site Design. 49 Section Design of Lots. 50 Section Exceptions to Design of Lots. 51 Section Access and Right-of-Way. 51 Section Design of Blocks. 53 Section Survey Monuments. 54 Section Assignment of Names and Addresses. 54 Section Recreation Areas, Common Areas and Open Space. 55 Chapter 400. Soil Erosion, Sedimentation, and Pollution Control. Section Title and Purpose. 57 Section Exemptions. 57 Section Requirements for Erosion and Sedimentation Control Using Best Management Practices. 58 Section Proof or Presumption of Violation by Injury. 61 Section Permit Application and Plan Requirements. 61 vi

7 Chapter 400. Soil Erosion, Sedimentation, and Pollution Control. Section Inspections. 64 Section Violations, Enforcement, and Penalties. 64 Section Education and Certification Required. 64 Section Variance and Appeal. 65 Chapter 500. Riparian Buffers. Section Stream Buffer Protection. 66 Section Other Riparian Buffers. 72 Chapter 600. Buffers, Landscaping, and Tree Protection General Provisions Section Intent. 73 Section Purpose. 73 Chapter 610. Buffers Section Applicability. 74 Section Standards for Permanent Buffers. 74 Section Standards for Construction Buffers. 78 Chapter 620. Landscape Regulations. Section Applicability. 79 Section Landscape Strip Planting Requirements. 79 Section Off-Street Surface Parking Lot Planting Requirements. 81 Section Street Tree Requirements in Non-residential Zoning Districts. 81 Section Tree Requirements in Single-Family Attached Residential Zoning Districts. 82 Section Tree Requirements in Single-Family Detached Residential Zoning Districts R-75 MOD, R-60, TND, R-SR, or R-ZT. 82 Section Tree Requirements in Single-Family Detached Residential Zoning Districts R-100 CSO, R-75 CSO and OSC. 83 Section Tree Requirements in Single-Family Detached Residential Zoning Districts RA-200, R-100, R-75 or R-100 MOD. 83 Section Tree Requirements in Residential Zoning Districts 83 Section No Access Easement Screening Requirements. 84 Chapter 630. Tree Preservation and Replacement Regulations. Section Applicability and Exemptions. 85 Section Permit Requirements. 87 Section Tree Density Requirements. 89 Section Tree Canopy Calculation Requirement. 92 Section Tree Preservation and Replacement Requirements. 93 Section Tree Species List Requirements. 94 vii

8 Chapter 630. Tree Preservation and Replacement Regulations. Section Specimen Trees. 94 Section Tree Bank Alternative Compliance. 99 Section Redevelopment. 100 Section Water-Efficient Design Considerations. 101 Chapter 640. Buffer, Landscaping, and Tree Protection Compliance. Section Artificial Materials Prohibited. 102 Section Warranty or Maintenance Surety. 102 Section Inspection. 102 Section Performance Surety. 102 Section Continuing Maintenance. 103 Section Enforcement. 103 Chapter 700. Floodplain Management. Section General Provisions. 104 Section Permit Application and Procedures. 108 Section Permit Requirements. 109 Section Development Provisions. 113 Section Variances. 117 Chapter 800. Stormwater Management. Section Stormwater Management General. 119 Section Stormwater Management Documentation. 119 Section Water Quality. 121 Section Stormwater Peak Flow Design Criteria. 121 Section Stormwater Treatment Facility Outlet Devices. 123 Section Emergency Overflow Requirements. 124 Section Stormwater Treatment Facility Location and Easement Criteria. 125 Section Dams. 129 Section Stormwater Management Practices for Redevelopment Projects. 132 Section Exemptions. 133 Chapter 810. Stormwater Conveyance Systems. Section General Requirements. 134 Section Collection System Guidelines. 134 Section Walls. 135 viii

9 Chapter 900. Infrastructure, Streets, Sidewalks, Multi-Use Paths, Greenways. Section Street Classification and Right-of-Way Requirements. 136 Section Requirements for New Streets and Roadways. 138 Section Project Access Improvements. 140 Section Driveway Design Standards. 141 Section Street Intersections. 144 Section Street Design Standards. 146 Section Street Construction Standards and Specifications. 149 Section Curbs and Gutters. 151 Section Sidewalk Requirements. 152 Section Multi-Use Path Requirements. 154 Section Greenway Requirements. 154 Section Traffic Control Devices. 155 Section Traffic Calming Devices. 156 Section Private Streets and Alleys. 156 Chapter 910. Street Lighting. Section Responsibility for Street Lighting on Public Roads. 159 Section Street Lighting in Overlay Zoning Districts. 159 Section Specifications. 159 Section Installation of Street Lights. 159 Section Street Lights for New Subdivisions. 160 Chapter Public Utilities Installation. Section Placement of Utilities. 161 Section Water Supply Systems. 162 Section Cross-Connection Control and Backflow Prevention. 162 Section Disposal of Sanitary Waste. 163 Section Private Wastewater Disposal. 163 Section Sewer Construction Standards. 163 Section Underground Electric and Communication Utilities. 163 Section Street Cuts. 163 Appendices ix

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