Duluth › Unified Development Code

Article 1 — Adoption, Purpose, and Applicability

current as of 2026-07-13verified current · checked 2026-08-24OfficialVerify with City of Duluth ↗6 sections · full chapter

§ 101

Title and Authorization

101.01. Short Title

This code shall be known as and may be cited as “The Unified Development Code of the City of Duluth, Georgia,”

and may be referred to generally as “The Development Code” or “The UDC.”

101.02. Authority

Pursuant to authority conferred by the Constitution of Georgia, and for the purposes of promoting the health, safety, convenience, order, prosperity and the general welfare of the present and future inhabitants of the City of Duluth, Georgia, this Development Code is adopted as contained and detailed herein.

§ 102

Adoption

Under the authority and for the purposes stated herein, the Council of the City of Duluth, Georgia, hereby ordains and enacts into law the Articles and Sections contained in this Unified Development Code of the City of Duluth, Georgia.

102.01. Components of the Development Code

This Development Code and the official zoning map of the city on file and maintained in the Planning and Development Department shall together constitute the Unified Development Code of the City of Duluth, Georgia.

102.02. Conflict with Other Regulations

a.Whenever the provisions of this Development Code impose greater restrictions upon the use of land or buildings or upon the height of buildings or require a greater lot width or depth or size of yard or a larger percentage of lot to be left unoccupied or impose other more restrictive standards than are required in or under other ordinances, rules, regulations, statutes, permits of any easements, covenants or other agreements between parties, the provisions of this Development Code shall govern, unless otherwise stated herein.

b.Whenever the provisions of any other statute or covenants require more restrictive standards than those of this Development Code, the provision of such statutes or covenants shall govern.

102.03. Repeal of Conflicting Ordinances

All resolutions, regulations or ordinances and parts of resolutions, regulations or ordinances in conflict with this Development Code are hereby repealed to the extent of such conflict.

102.04. Severability

If any article, section, subsection, sentence, clause, or phrase of this Development Code is for any reason declared invalid or unconstitutional by any Court of Competent Jurisdiction, such declaration shall not affect the validity of this Development Code as a whole nor of any part thereof that is not specifically declared to be invalid or unconstitutional, it being the intent of the Mayor and City Council of the City of Duluth in adopting this Development Code that no portion thereof or provision contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any article, section, subsection, sentence, clause, phrase, or provisions of this Development Code.

102.05. Effective Date

This Development Code shall take effect and shall be in force from and after the date of its adoption by the Mayor and City Council of the City of Duluth, the public welfare demanding it.

§ 103

Purpose and Intent

103.01. Purposes of the Development Code

The purpose of this Development Code is to promote the health, safety, convenience, order, prosperity, and the general welfare of the community, and is intended:

a.To lessen congestion in the streets;

b.To secure safety from fire, panic and other dangers;

c.To provide adequate light and air;

d.To prevent suburban sprawl;

e.To facilitate the adequate provision of transportation, water, sewerage, parks and other public requirements;

f.To protect property against blight and depreciation;

g.To encourage the most appropriate use of land, buildings, and other structures throughout the City of Duluth;

h.To provide a system for the subdividing of lands and the accurate recording of land titles;

i.To provide assurance that lots shown on recorded subdivision plats are usable by the purchasers for their intended and permitted functions;

j.To encourage economically sound and orderly land development in accordance with the policies and objectives of the City of Duluth Comprehensive Plan;

k.To assure the provision of required streets, utilities, and other facilities and services to new land developments in conformance with the public improvement policies of the City;

l.To assure adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in new land developments;

m.To assure the provision of needed open spaces and public facility sites in new land developments through the dedication or reservation for purchase of land for public purposes;

n.To assure equitable review and approval of all subdivisions and site plans by providing uniform procedures and standards for the developer.

103.02. Purposes of Comprehensive Plan

The City of Duluth, Georgia Comprehensive Plan is intended for the following purposes, among others:

a.To guide and direct growth and development in the City of Duluth;

b.To protect, preserve, and enhance the City’s cultural, environmental, economic and social resources;

c.To identify current land uses in order to assist the City in making budgetary, utility and other resource allocations;

d.To enable the City of Duluth to predict future land uses for planning purposes;

e.To assist the City in fulfilling its statutory and other legal obligations; and

f.To provide a public document that will serve as a means of general information on land use and development for the citizens of Duluth and other interested parties.

103.03. Intent on Interpretation

In interpreting and applying this Development Code, the requirements contained herein are declared to be minimum requirements necessary to carry out the purposes of this Development Code.

103.04. Intent Relative to Private Property Agreements

Except as herein provided, this Development Code shall not be deemed to interface with, abrogate, annul or otherwise affect in any manner whatsoever easements, covenants, or other agreements between parties;

provided that, when the regulations of this Development Code are more restrictive or impose higher standards or requirements than such private easements, covenants, or other legal relationships, the regulations of this Development Code shall govern. In no case, however, shall the City of Duluth be required to enforce such private easements, covenants, or other private agreements or legal relationships, whether they are more restrictive or less restrictive than the standards or requirements of this Development Code.

§ 104

General Applicability

104.01. Land to Which this Development Code Applies

This Development Code applies to all lands and the buildings, structures, and uses thereon within the incorporated limits of the City of Duluth, Georgia.

104.02. Exemptions

a.Conditions of Approval.

Nothing herein shall be construed as repealing or modifying the conditions of approval associated with any zoning, special use, conditional use, or variance approved prior to the effective date of this Development Code.

b.Subdivisions with Prior Approval.

A subdivision that received preliminary plat approval prior to the adoption of this Development Code shall be allowed to continue development according to said preliminary plat and its associated development plans under the Development Regulations in effect at the time the preliminary plat and its development plans were approved. This provision shall expire one year following the date of preliminary plat approval, unless construction has begun and continuous work is being performed on the project.

c.Previously Issued Permits.

The provisions of this Development Code shall not affect the validity of any lawfully issued and effective site development plan approval, building permit, or development permit if:

(1)The development activity or building construction authorized by such site development plan or permit approval has started prior to the effective date of this Development Code, or will be commenced after such effective date but within one year of issuance of the site development plan or permit approval; and

(2)The development activity or building construction must comply with all time frames associated with said approval or permit and must continue without interruption (except in the instance of a natural disaster) until the development or construction is complete. If the approved site development plan or permit expires and is not renewed by the permittee, any further development or construction on the site shall occur only in conformance with the requirements of this Development Code in effect on the date of the permit expiration.

d.Recently Approved Rezoning.

In order to provide a smooth transition to the new Unified Development Code, any property rezoned or granted special use approval within the six calendar months preceding adoption of the Unified Development Code, but for which such use is not allowed under the Unified Development Code, shall nonetheless be allowed to be used for such purpose as previously approved, provided that:

(1)A development permit or building permit authorizing such use is issued within six calendar months after the effective date of the Unified Development Code; and

(2)The development activity or building construction must comply with all time frames associated with said approval or permit and must continue without interruption (except due to natural disaster) until the development or construction is complete. If the permit expires and is not renewed, any further development or construction on that site shall occur only in conformance with the requirements of the Unified Development Code in effect on the date of the permit’s expiration.

e.Previously Submitted Applications.

(1)Any valid and complete application accepted by the Planning and Development Department prior to the effective date of this Development Code for the development of, construction upon, or use of land shall be processed and approved or issued under the applicable City of Duluth regulations in place prior to the effective date of this Development Code, provided that:

i.The Development Permit is approved within six calendar months of the effective date of this Development Code; and

ii.The use, development, or construction begins within six calendar months after approval of the application, all time frames associated with said permit are observed, and development activity or building construction continues without interruption (except because of natural disaster) until the development or construction is complete.

f.Agricultural Uses.

Clearly agricultural uses, limited to the cultivation of the land, dairying or animal husbandry, that are in operation on the effective date of this Development Code but are nonconforming uses according to their zoning may continue as “grandfathered” uses and may be resumed after a lapse of no more than two years, provided that land proposed to be converted to a new agricultural use is zoned RA-200 to be exempt from the provisions herein.

g.Effect of Unified Development Code on Exempt Properties.

(1)To the extent that exemption under this Section 104.02 results in nonconformity with the provisions of this Development Code, such properties shall be governed by the requirements of Section 106, Nonconformities.

(2)Any new application for a zoning map change, a variance, a concept plan, a preliminary subdivision plat, a site development plan, a development permit, a building permit, or any other action affecting an exempt property covered under the provisions of this Section shall be considered and acted upon under the procedural provisions of this Development Code, as applicable.

(3)The owner of a property that is otherwise exempt under this Section may, at his or her option, develop the property in conformity with the provisions of this Development Code.

§ 105

Application of the Regulations

105.01. Use, Occupancy, and Construction.

a.No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations of this Development Code.

b.Any land disturbance activity or any development activity must first comply with this Development Code.

105.02. Height and Density.

a.Density shall be calculated based on the density definition in Article 14.

b.No building or structure shall hereafter be erected, constructed, reconstructed, or altered to:

1.Exceed the height limits.

2.House a greater number of units per acre or occupy a smaller lot area than is herein required.

3.Have narrower or smaller front, rear, or side yards than are herein required.

4.Be in nonconformance with the minimum lot size requirements of the zoning district in which they are located, with the exception of lots served by onsite sewer, septic tank, which shall be subject to the approval and lot size standards of the Gwinnett County Environmental Health Department.

c.See Table 2-B for maximum density per zoning district.

d.These maximum densities are in line with the intent of the adopted Comprehensive Plan and are added for clarity. The current density is set by the restrictions set forth in lot size, lot coverage percentage, lot width, lot frontage, and setback requirements.

105.03. Reduction in Lot Size.

No lot shall be reduced in size so that lot width or depth, size of yards, lot area per family, or any other requirement of this Development Code is not maintained. This limitation shall not apply when a portion of a lot is acquired for a public purpose.

105.04. Yards and Other Spaces.

No part of a yard or the off-street parking or loading spaces that are required in connection with any building or use for the purpose of complying with the regulations of this Development Code shall be for another building, except as specifically provided herein.

105.05. Only One Principal Building or Use on a Residential Lot.

Only one principal building or structure or use and its accessory building and uses shall be permitted on any lot of record within a residential zoning district. All buildings within a non-residential or multi-family zoning district shall be considered principal buildings.

105.06. Classification of Streets.

a.For the purpose of this Development Code, all of the streets, roads, and highways in the City of Duluth are classified as local streets (minor or major), collector streets (minor or major), rural, minor, or principal arterial streets (minor or major), and freeways. These same streets and roads will also be known as, U.S.

or state routes, county roads, and local streets or roads.

b.The classification of each street in the City of Duluth is on file in the office of the City of Duluth Planning and Development Department. Private streets shall be classified as local streets for purposes of determining building setbacks.

105.07. Dedication of Public Lands and Facilities.

No land dedicated as a public street or other public purpose shall be opened or accepted as a public street or for any other public purpose, and no subdivision of land shall be made, nor subdivision plat, nor part thereof, shall be recorded before obtaining final approval from the City of Duluth Department of Planning and Development. Said approval shall be entered in writing on the Final Plat by the Planning and Development Director. Said Director is hereby authorized to accept such dedications of lands and public facilities on behalf of City of Duluth and to cause such dedications to be recorded by the Clerk to Superior Court of Gwinnett County.

105.08. Transfer of Land Ownership.

a.No person, firm, partnership, association, corporation, estate, trust, developer, subdivider or any other owner or agent shall transfer title or attempt to record the title to any land in the city limits of Duluth, and no building permit may be issued on said land, unless:

1.Said land existed as a single parcel of ownership, recorded as such in its entirety and present boundaries with the Clerk to Superior Court of Gwinnett County prior to the adoption of these Regulations; or,

2.Said land is shown in its entirety and present boundaries on a final plat as approved (under these or any previous applicable regulations) and duly recorded with the Clerk to Superior Court of Gwinnett County; or,

3.Said land is shown in its entirety and present boundaries on a plat authorized by the Director and recorded with the Clerk to Superior Court of Gwinnett County pursuant to the regulations governing minor subdivisions contained herein; or,

4.Said land is an aggregation of properties for land assembly purposes, and no building permit will be requested prior to the filing of an application for an issuance of a development permit, pursuant to this Development Code.

b.No person, firm, partnership, association, corporation, estate, trust, developer, subdivider or any other owner, or agent shall transfer title to any property by reference to, exhibition of, or any other use of any map or plat illustrating the subdivision of land without a final plat of said land showing said property first having been duly approved under the procedures of this Development Code or any previously applicable regulations and recorded with the Clerk to Superior Court of Gwinnett County.

§ 106

Nonconformities

106.01. Intent of Nonconformities Section.

This Section defines the provisions that protect uses, structures, lots, and signs that lawfully existed prior to the adoption of this Development Code or a subsequent amendment, but no longer conform to the regulations herein.

The primary intent of the treatment of nonconformity is to allow continuation of these uses, structures, lots and signs until the end of their useful life, while encouraging conformance to the new regulations when it becomes reasonable to do so.

106.02. Nonconforming Development; In General.

a.Lawful nonconforming uses, structures, lots, and signs are declared by this Development Code to be incompatible with land uses, structures, lots, and signs that conform to the requirements of the zoning districts in which the nonconformity exists. However, such nonconforming development may continue under the circumstances presented in this Code Section for each type of nonconformity.

b.For the purpose of this Section 106, “value” shall be computed from the amount a building or structure, as applicable, is appraised for tax purposes by the City of Duluth.

106.03. Continuation of Illegal Nonconformity Prohibited.

Any use, structure, lot, or sign that did not conform to the applicable codes or ordinances of the City of Duluth at the time of its creation, construction, or placement, or as a result of subsequent enlargement or expansion, shall not be considered a lawful nonconforming use, structure, lot, or sign and is prohibited.

106.04. Nonconforming Uses.

a.Nonconforming Use; Defined.

b.A lawful nonconforming use is a use or activity that was lawfully established prior to the adoption or amendment of this Development Code, but which, by reason of such adoption or amendment, is no longer a use or activity permitted by right or no longer meets or conforms to the requirements of this Development Code.

c.Continuance of Nonconforming Uses.

d.The lawful nonconforming use of any building structure or tract of land existing at the time of the adoption of this Development Code or any subsequent amendment may be continued even though such use does not conform with the provisions of this Development Code except that the non-conforming use, unless determined otherwise, in writing, by the Planning Director, shall not be:

1.Extended in any way, either on the same or adjoining property.

2.Extended to occupy a greater area of a building or structure.

3.Re-established after discontinuance for three months regardless of the intent of the owner or occupier to resume the nonconforming use.

4.Changed to another nonconforming use.

106.05. Nonconforming Structures.

a.Nonconforming Structure; Defined.

b.A lawful nonconforming structure is a structure or building whose size, dimensions, location on a property, or other features were lawful prior to the adoption or amendment of this Development Code, but which, by reason of such adoption or amendment, no longer meets or conforms to one or more requirements of this Development Code.

c.Continuance of Nonconforming Structures.

1.A nonconforming structure may not be enlarged or extended unless a variance for such has been granted by the Duluth Zoning Board of Appeals. A legal nonconforming structure may be maintained or repaired, under permit, in accordance with all pertinent building codes and ordinances.

2.Structures that are nonconforming for reasons of design standards, landscaping requirements, or buffer standards may be occupied by another tenant, regardless of use, without having to bring the structure/building into compliance with the current standards provided the “footprint” or the height of the structure/building is not increased.

3.Change of ownership, tenancy, or management of a nonconforming structure shall not affect its legal, nonconforming status.

4.Whenever a nonconforming structure is damaged by any means and the extent of the damage is 50% or less of the floor area of the structure or 50% or less of the replacement value of the structure, as determined by the Building Official, the structure may be restored, provided it is replaced within six months.

5.Whenever a nonconforming structure is damaged by any means and the extent of the damage is more than 50% of the floor area of the structure or 50% or more of the replacement value of the structure, as determined by the City Building Official, the structure shall not be restored unless in conformity with all applicable ordinances.

106.06. Nonconforming Lots.

a.Nonconforming Lot; Defined.

A lawful nonconforming lot is a lot of record whose area, frontage, width, or other dimensions, or location were lawful prior to the adoption or amendment of this Development Code, and which, by reason of such adoption or amendment, no longer meets or exceeds one or more such requirements of the applicable zoning district.

b.Treatment of Nonconforming Lots.

1.When two or more adjoining lots of record with continuous frontage are in one ownership at any time after the adoption or amendment of this Development Code and such lots, individually, have an area or width that is less than is required by this Development Code, then such contiguous lots shall be considered as a single lot.

2.For a lawful nonconforming lot of record, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the Planning and Development Director is hereby authorized to grant a special exception reducing the side yard requirements for such lot the minimum amount necessary for a reasonable dwelling but, in no case shall each of the side yards be less than 5 feet in width. See the Appeals Article of this Development Code for procedures.

106.07. Nonconforming Signs.

See the Nonconforming Signs Section of Article 6 of this Development Code.

37 | P a g e