Gwinnett County › Unified Development Ordinance

Title 2 — Land Use and Zoning, Chapter 213 — Mixed-Use Zoning Districts

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§ 213-10

Mixed-Use Districts

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.

§ 213-20

MU-N Neighborhood Mixed-Use District

213-20.1 Purpose 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 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.

§ 213-30

MU-C Community Mixed-Use District

210-30.1 Purpose 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.

§ 213-40

MU-R Regional Mixed-Use District

213-40.1 Purpose 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.

§ 213-50

Dimensional Standards for Mixed-Use Zoning Districts

Table 213-1: Dimensional Standards

Project Area Standards			Dimensional Standard				External Setbacks
District	Minimum Area	Road Frontage	Max. Height	Max. FAR	Min. Open Space	Min. Usable Open space3	Min. Front Setback	Min. Side Setback	Min. Rear Setback
MU-N	None	40 ft.	60 ft.	1.0 FAR	10%	5%	15 ft.1, 2	10 ft.	25 ft.
MU-C	3 ac.	60 ft.	75 ft.	2.0 FAR	10%	5%	0 ft.	10 ft.	25 ft.
MU-R	5 ac.	80 ft.	Varies per bonus	Varies per bonus	10%	5%	0 ft.	10 ft.	25 ft.

Reading grid · rebuilt for display · verify at source (p. 102) ↗

§ 213-60

Permitted Uses within Mixed-Use Zoning Districts

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.In addition to residential uses, a minimum five percent of the gross floor area of the entire development shall be occupied by non-residential uses as defined in Section 213-60.2.

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.In addition to residential uses, a minimum 10 percent of the gross floor area of the entire development shall be occupied by non-residential uses as defined in Section 213-60.3A. A minimum of 25 percent of required non-residential uses shall be located on the ground floor of vertically mixed-use buildings. Up to 50 percent 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-1, Neighborhood Business District and the O-I, Office-Institutional District.

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.In addition to residential uses, a minimum 10 percent of the gross floor area of the entire development shall be occupied by non-residential uses as defined in Section 213-60.4.A. A minimum of 50 percent of required non-residential uses shall be located on the ground floor of vertically mixed-use buildings. Up to 50 percent 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.

§ 213-70

Additional Development Standards within the MU-R Regional Mixed-

Section 213-70. Additional Development Standards within the MU-R Regional Mixed-Use District.

A.The Floor Area Ratio (FAR) and maximum height of development, without density bonuses, within the MU-R District shall be a minimum 1.0 FAR and a maximum 3.0 FAR and a maximum height of 75 feet, unless otherwise approved as a zoning condition by the Board of Commissioners or through 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

Amenities	FAR Bonus*
For each one percent of usable open space in excess of the required minimum.	Additional 0.1 FAR
For each one half-acre of contiguous area consisting of environmentally sensitive natural, undisturbed area (i.e., wetlands, floodplain, specimen trees) or culturally sensitive features that are preserved and dedicated as open space.	Additional 0.25 FAR
Structured Parking: 50 percent of minimum required. 25 percent of minimum required.	Additional 1.0 FAR Additional 0.5 FAR
For each one percent increase over the minimum amount of vertical mixed-use development.	Additional 0.25 FAR
Mixed-use development that includes at least 10 percent of units affordable to households earning between 60 percent and 120 percent of area median income.	Additional 0.5 FAR
Mixed-use development that includes at least 10 percent of units affordable to households earning between 30 percent and 60 percent of area median income.	Additional 1.0 FAR
Mixed-use development that includes office space constituting at least 40 percent of the total GFA.	Additional 0.5 FAR
Transit passenger shelter and related support facilities.	Additional 0.25 FAR
Documentation by a LEED-certified professional that the project, if constructed as proposed, meets the "Silver" standards of LEED or the standards of ASHRAE Standard 189.1 for Sustainable Design, or another comparable third-party certification program approved by the Director.	Additional 0.5 FAR
Multiuse paths located outside of the floodplain, or within the development and meeting the standards of Section 900-100. A bonus may be granted proportionately to the FAR/path ratio if more or less than 1000 feet of path is provided.	Additional 0.2 FAR
Regional stormwater management facility meeting the standards of Section 800-90.	Additional 0.75 FAR
Required usable open space designed as a contiguous green space for public gathering and related functions (i.e., pocket park, plaza, amphitheater, or greenways).	Additional 0.2 FAR
These bonuses are additive and can be accumulated subject to total maximum FAR of 5.0

Table 213-3: Maximum Allowable Building Height for the MU-R District (Subject to Approved Bonus Density)

FAR	Building Height
0.00 — 3.00	140 ft.
3.01 — 4.00	210 ft.
4.01 — 5.00	300 ft.

Reading grid · rebuilt for display · verify at source (p. 104) ↗

§ 213-80

Minimum Design Standards of Mixed-Use Districts

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.

213-80.1 Open 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 most recently adopted Gwinnett Countywide Trails Master Plan.

213-80.2 Connectivity.

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 shall 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.

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 shall not be gated.

C.Pedestrian Connectivity.

1.There shall be a minimum five-foot-wide grassed strip separating pedestrian walkways from internal streets and driveways. 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.

213-80.3 Public Improvements.

A.Sidewalks shall be provided as required in Section 360-90.

B.Multiuse Paths shall be provided on both sides of streets classified as arterials and shall comply with Section 360-100. 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 most recently adopted Gwinnett Countywide Trails Master Plan and maintained in accordance to Sections 360-110, 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.

213-80.4 Access 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 all contiguous multifamily, commercial, and office uses.

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.

213-80.5 Parking Management.

A.Vehicle Parking.

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.

213-80.6 Building 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.

213-80.7 Transition 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 portion of the building within 50 feet of that adjacent district.

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213-80.8 Landscape, Buffers, and Tree Protection.

A.The purpose of landscape requirements in Mixed-Use Districts is to provide for the 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 Districts 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 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 grass 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 Chapter 600 of this UDO.

213-80.9 Streetscape 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 five-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 feet on center between the sidewalk and the street.

6.Pedestrian lights shall be provided between every other street tree (maximum 100 feet on center) between the sidewalk and the street.

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

213-80.9 Mixed-Use District Streetscape Hardscape Strip Along On-Street Parking 5-Feet-Wide (min.)

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Grassed Strip 5-Feet-Wide (min.)

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213-80.10 Utilities.

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.

213-80.11 Signs.

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

213-80.12 Building 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.

C.Interior Corridors.

1.All unit access above street level shall be from interior corridors. Mechanical ventilation, breezeway, and natural ventilation openings in the exterior façade shall be prohibited.

213-80.13 Outdoor 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.

213-80.14 Property Owners’ Association.

A.Open space, stormwater management facilities, floodplain and wetland areas shall be owned in fee-simple by a mandatory property owners’ 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 owners’ 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 owners’ association bylaws or covenants, shall contain the following provisions:

1.Governance of the association by the Georgia Property Owners’ 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.

213-80.15 Application Process.

The mixed-use zoning map amendment process shall follow the process for zoning map amendments 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.

213-80.16 Phasing 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.

213-80.17 Other 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.