Zoning Violations
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Zoning
The common code violations below are included in the Unified Development Ordinance.
Accessory Building, Structure and Uses. (UDO 230-120)
All accessory buildings, structures & uses of land such as a detached garage, utility building, shed, gazebo, barn, pool or tennis court:
- Shall be clearly subordinate to and supportive of the principal use
- Located in the rear yard ONLY.
- Cannot be located in the public right-of-way.
- Basketball Goals adjacent to driveways are allowed in most residential zoning districts. They are prohibited from being placed in the right-of-way (at the street).
- Landscaping shall not be located within the public right-of-way unless approved by Gwinnett County Department of Transportation.
- Is not allowed in the side yard of a corner lot that faces a public street, (considered a front yard).
- Cannot be built before its principal building is constructed.
- Cannot be utilized unless the principal structure is also occupied.
- Set-back requirements from all property lines and right of ways are based on the structure size / area:
- 0-100 sq ft 5 feet setback
- 101-300 sq ft 10 foot setback
- 301-500 sq ft 15 foot setback
- 500 + sq ft 20 foot setback
- The maximum cumulative total of all accessory buildings is based on lot size (see 230-120.13)
In residential districts, accessory buildings cannot:
- Exceed 50% of the primary dwelling.
- Be used for any commercial operation or human habitation (exception – accessory dwelling)
- Be used to store hazardous materials, waste products or putrescent materials.
Customary uses allowed in the front yard: fences, walls, gates and gatehouses, signs, mailboxes, covered mail kiosks, sidewalks, walkways, driveways, parking pads, parking lots, parking decks, lampposts, flagpoles, birdbaths, arbors, trellises, and landscaping. Walls, fences and landscaping are not allowed to be placed in the county right of way.
Exceptions:
- In agricultural zoning districts, barns and stables, silos, animal enclosures and agricultural buildings that are customarily related to commercial farming are allowed in front yards.
- In commercial zoning districts, fountains, statuary and similar decorative features; gasoline pumps and canopies; vacuum stands and canopies; donation collection boxes (Section 230-130) are allowed in front yards.
Building Permit Required (CC 106.1) – No building or other structure shall be erected, moved, added to, or structurally altered without a Building Permit issued by the Department of Planning and Development. A building permit is required to be obtained for accessory buildings and structures that are 121 square feet or greater in size. A building permit is required regardless of size if the proposed structure contains electrical or plumbing systems. (Example: shed, workshop, gazebo, carport, deck).
Certificate Required (CC 113.1-Occupancy or CC 113.2-Completion) –A Certificate of Occupancy issued by The Department of Planning and Development is required prior to use or occupancy of any lot or building or change in any use thereof and shall not be issued unless the lot or building or structure complies with all the provisions of this Resolution.
Dumpsters (UDO 230-120.14) Dumpsters and screening shall be located only in the rear or side yard a minimum of 5 feet from property lines and any buffer. They must be placed on a concrete pad of sufficient size & strength to support the weight of service vehicles. Minimum pad size is 10 feet wide by 30 feet long. Screening is required not less than 6 feet in height. Construction dumpsters are allowed for 30 days or with an active building permit and are exempt from screening requirements.
Home Occupation (UDO 230-130.3.Q) – In addition to obtaining a Business License (18-20), operating a business within the dwelling of the home must meet the following requirements:
Only family members residing in the home can conduct the home-based business.
No sale of product or service can occur on or adjacent to the home without a Special Use Permit.
- The home occupation shall not involve group instruction or group assembly of people on premises.
- There shall be no exterior evidence of a business. No business activity or signage.
- The business shall be conducted only within the enclosed living area of the home (basement included).
- There shall be no display or storage of products, materials, or machinery on the exterior of the home.
- There shall be no increase or decrease in the normal flow of traffic.
- There shall be no increase in on-street or off-street parking.
- No equipment, supplies or materials may be utilized or stored in the conduct of the home occupation except that which is normally used for purely domestic or household purposes. Samples, however, may be kept on the premises but neither sold nor distributed from the residence.
- No more than 25% of the home may be used for the business.
- One business vehicle used exclusively by the resident is permissible. This vehicle may only be an automobile, pick-up truck, van or sport-utility vehicle.
- Signage is not allowed (see Sign Ordinance 78-107(8)
Livestock (UDO 230-130.3.CC)
In agricultural zoning districts: corrals, stables, barns, pens, coops, chicken houses, and other similar livestock quarters shall be located no closer than 100 feet to any property line. In non-agricultural zoning districts: the raising and keeping of livestock (cattle, horses, donkeys, mules, goats, sheep, swine and other hoofed animals; poultry, ducks, geese, pigeons, peacocks and other live fowl; and fur or hide-bearing animals; (other than small species of pigs, cage birds or rabbits kept within a dwelling as a household pet or chickens) whether owned or kept for pleasure, utility or sale on a parcel which contains the dwelling of the owner of the livestock is permitted, provided that the parcel is at least 3 acres in area and all animal quarters are located no closer than 100 feet to any property line.
Exception: Chickens (UDO 230-130.3DD)
In non-agricultural residential zoning districts: the keeping of chickens for personal pleasure or utility on a parcel which contains the dwelling of the owner is permitted, subject to the following requirements:
a) Minimum lot size – 10,500 square feet (0.24 acres)
b) Kept securely in an enclosed yard or 6-sided pen at all times
c) Minimum pen area for chickens – 10 square feet per bird
d) Housed at least 20 feet from any property line & 50 feet from any residence other than the owner’s
e) Any structure housing chickens must be located in the rear yard
f) Roosters are prohibited (not allowed).
g) Maximum number of chickens per lot size
- 3 birds = 10,500 sq. ft. – 12,499 sq. ft. (0.24 – 0.29 acres)
- 5 birds = 12,500 sq. ft. – 24,999 sq. ft. (0.30 – 0.57 acres)
- 8 birds = 25,000 sq. ft. – 39,999 sq. ft. (0.58 – 0.92 acres)
- 10 birds = 40,000 sq. ft. – 2.99 acres (0.93 – 2.99 acres)
- No maximum = 3 acres or more
h) Minimum coop size – 4 square feet per bird
i) Birds are only permitted as pets or for egg laying production; cannot be kept for slaughter.
j) Birds must be kept under sanitary conditions & not a public nuisance as defined by State law.
Non-Permitted Use (UDO 230-100) – Only certain uses are allowed in each zoning district. Residential Examples include:
Single Family residential districts do not allow multi-family dwellings or occupancy. A single-family dwelling allows one family defined as one of three situations: 1) related by blood, marriage adoption or 2) no more than three (3) unrelated persons; or 3) two 2 unrelated persons and their children. All are subject to the overcrowding requirements found in Section 14-345 of the Property Maintenance Ordinance. Also, single family structures cannot be converted to a multi-family dwelling without rezoning approval. Operating a commercial business from a residential zoning would also be prohibited (exception – customary home occupation).
Garage / Yard Sales (18-42) A private individual or group may conduct, not more than once in a six-month period, a sale of used items, baked goods, or other food items. Such an event shall be limited to three consecutive days. Signs advertising these events shall not be placed within the public right-of-way, on trees, utility poles and or traffic control devices. Signage allowed is as follows: up to four (4) four square feet signs, or one (1) single sign with a maximum square footage of sixteen (16) feet.
Off Street Parking (Yard Parking) (UDO 240-10.3.B,C) – In a residential district, the parking of any motor vehicle except on a hard-surfaced driveway or in carport or garage is prohibited. Any recreational vehicle or non-motor vehicle may only be parked in a carport, enclosed structure, or in the rear yard on a paved surface or approved porous or grassed paving system. Any vehicles parked in the rear yard not in a carport or an enclosed structure must be parked at least 15 feet from the property line. Vehicles or equipment used for agricultural purposes on residential property with 5 or more acres are exempt from hard surface requirements if parked outside the required front setback. The maximum allowable paved parking or hard surface area in front yards shall not exceed more than 35% in most zonings. No parking areas may be used for the sale, repair, dismantling, servicing or long-term storage of any vehicles or equipment. (UDO 240.10.5)
Driveway Design Standards (UDO 900-40) Driveways shall generally intersect streets at right angles. The portion of the driveway located within a public right of way shall be paved. Driveways providing access to parking lots which contain five or more spaces shall be paved in accordance with the parking requirements in Chapter 240.
Swimming Pool Permits & Location (UDO 330-50) A Swimming Pool Permit is required for any structure intended for swimming, recreational bathing or wading that contains water over 18 inches including in-ground, above-ground and on-ground swimming pools, hot tubs, spas and fixed-in-place wading pools. These are permitted as an accessory use and can be located only in the rear or side yard. (UDO 230-120.3)
Vehicle Parking Area – Residential (UDO 240-110.2) –In all residential zoning districts, the parking of the following vehicles is prohibited: any vehicle for hire including but not limited to limousines, taxis, box trucks, flatbed trucks, dump trucks, tow trucks, transport wreckers, tandem axle trucks, cab-on-chassis trucks, tractor trailers, wheeled attachments, pull behind cement mixers, or trailers, bucket trucks, buses, earth moving machinery, semi-trailers, and this restriction also applies to any vehicle over 20 feet in length, or 7 feet in height, or 7 feet in width. Vehicles used for agricultural purposes on residential property with five (5) acres or more are permitted if parked outside the required front yard setback.
Exceptions: An automobile, pick-up truck, van, or SUV used to provide daily transportation to and from work (except those vehicles that fall under the requirements for Section 230-130 Customary Home Occupation) and a commercial vehicle that is parked temporarily in conjunction with a commercial service, sale, or delivery.
Fence and Wall location and materials (UDO 230-80) – Walls and fences are permitted in all zoning districts with no setback requirement.
They cannot exceed 8 feet in height within a side or rear yard. Corner lots have 2 front yards.
Any wall or fence in the front yard of property less than 3 acres:
1) cannot exceed 4 feet in height
2) must be ornamental or decorative made of brick, stone, wood, stucco, wrought iron or split rail.
3) cannot be made of woven wire, metal fabric (chain link, hog wire or barbed wire) or electric.
No wall or fence can be made of exposed concrete block, tires, scrap metal, sheet metal, plastic/fiberglass sheeting, vinyl siding or fabric, plywood, pallet material, junk or other discarded items (residential and commercial). Walls and fences are not allowed to be placed in the county right of way. (Also see PMO 14-284 for maintenance.)