Duluth › Unified Development Code
Article 13 — Administration and Enforcement
§ 1301
Director of Planning and Development
It shall be the duty of the Director of the Planning and Development Department who is hereby given authority to administer and enforce the provisions of this Development Code. The Director shall be such individual appointed by the City Council. Such person shall be an employee of the City of Duluth.
1301.01. Delegation of Duties
The Planning and Development Director may, in his or her discretion and administrative authority, delegate duties and responsibilities to designated employees of the Planning and Development Department as needed and appropriate for the administration and enforcement of this Development Code.
1301.02. Use Permit and Building Permit Required
1.A building permit shall be required if work entails more than painting, wallpapering, minor non-structural repairs or carpeting. No building or other structure shall be erected, moved, added to or structurally altered without a building permit issued by the Planning and Development Director or his or her designated Building Inspector. No building permit shall be issued for a building, structure or use that is not in conformance with the provisions of this Development Code.
2.All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and the locations on the lot of any existing buildings or structures, the shape, size, height, use and the location on the lot of the building or structure to be erected, moved, added to or structurally altered and such other information as may be necessary to provide for the enforcement of this Development Code.
1301.03. Certificate of Occupancy Required
1.A Certificate of Occupancy issued by the Building Inspector is required in advance of the use or occupancy of:
a.Any lot or a change in the use thereof.
b.A building hereafter erected or a change in the use of an existing building.
c.Any non-conforming use existing at the time of the enactment of this Development Code or any amendment thereto or that is proposed to be changed, extended, altered or built. The Certificate of Occupancy shall state specifically wherein the non-conforming use fails to meet provisions on this Development Code.
2.No Certificate of Occupancy shall be issued unless the lot or building or structure complies with the provisions of this Development Code and any other City Development Codes pertaining to the development, structure, or site.
3.A record of all Certificates of Occupancy shall be kept on file in the Office of the Building Inspector and a copy shall be furnished at the request of any person having a proprietary or tenancy interest in the building or land involved.
1301.04. Required Action; Time Period
1.In each case in this Development Code where the issuance of a permit or other action by any official of Duluth is required and a time period for such action is specified, then the failure of the official responsible for same to take such action or issue such permit within the stated time period shall be deemed an approval of the matter or the issuance of the permit, as the case may be unless stated otherwise in the code.
2.If at any place in the Development Code an action is required by any such official and no time frame is provided herein, then such timeframe shall be deemed to be 45 calendar days and the failure to act to either approve or deny same or request further information shall be deemed an approval of the matter or the issuance of the permit, as the case may be.
§ 1302
Duluth Planning Commission
1302.01. Duluth Planning Commission:
Creation, Membership, Appointment and Terms of Office
1.The Planning Commission is hereby established, which shall consist of five members and one alternate, all of whom shall be residents of the City of Duluth or the owner or operator of a business located within the City of Duluth, provided the business is current in the payment of its City Occupational Tax and all other payments due to the City.,
a.The five members and the alternate member are to be appointed by the City Council.
b.Each of the five members shall vote on each matter before it (or may recuse themselves from voting in the case of a conflict of interest or other stated reason). In the absence of one of the five members, or in the case of the recusal of a member, the alternate member shall serve as a voting member and shall be counted for the purposes of establishing a quorum.
2.The term of office for members shall be four years, said terms to be staggered, to begin on April 1 and end on March 31.
3.Regardless of any other provision to the contrary contained in this Section, at all times at least four members of the Planning Commission shall be residents of the City of Duluth.
4.Members of the Planning Commission may be removed for cause or for nonattendance at three consecutive meetings upon written charges and after public hearing. Vacancies shall be filled by Resolution of the City Council for the remainder of the term of the member affected.
5.No member of the Planning Commission shall hold elected public office in Duluth.
1302.02. Officers
The Chairman of the Planning Commission is selected from one of the existing five members and appointed by the Mayor. The Planning Commission shall elect one of its members as Vice-Chairman, and a second as Secretary. The City Council may delegate the administrative and record keeping duties of the Planning Commission to an employee of the City of Duluth. Officers shall serve one year in those capacities or until re-elected or until successors are elected.
1302.03. Procedure
1.The Planning Commission shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Development Code. All meetings shall be open to the public.
2.The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examination and other official actions, all of which shall be a public record and be immediately filed in the Planning and Development Department.
1302.04. Powers and Duties
The Planning Commission shall have the following powers and duties:
1.To review applications and make findings and recommendations for zoning map amendments and special use requests as set forth in Article 11 of this Development Code in accordance with the review standards therein.
2.To review applications and make findings and recommendations regarding Master Sign Plans as may be referred to the Planning Commission by the Director.
3.To review proposals and make findings and recommendations for code amendments as set forth in Section 1305 in accordance with the review standards under Section 1305.04 therein.
4.To work with staff and review, from time to time, a study of the provisions of this Development Code and to make reports of its findings and recommendations as to needed amendments to the City Council.
5.To carry out such other duties, responsibilities or activities as may be requested by the City Council.
6.To have final authority, at least three members must concur to approve an application. Each official action shall contain a statement of the grounds and findings forming the basis for said decision, and the text of the motion and record of members’ votes shall be incorporated in the minutes of the Planning Commission.
§ 1303
Zoning Board of Appeals
1303.01. Zoning Board of Appeals Creation, Membership, Appointment, Terms of Office
1.A Zoning Board of Appeals is hereby established, which shall consist of five members and one alternate member, all of whom shall be residents of the City of Duluth or the owner or operator of a business located within the City of Duluth, provided the business is current in payment of its City Occupational Tax and all other payments due the City.
a.The five members and the alternate member are to be appointed by the City Council, each for a term of four years, said terms to be staggered, to begin on April 1 and end on March 31.
b.Each of the five members shall vote on each matter before it (or may recuse themselves from voting in the case of a conflict of interest or other stated reason). In the absence of one of the five members, or in the case of the recusal of a member, the alternate member shall serve as a voting member and shall be counted for the purposes of establishing a quorum.
2.Regardless of any other provision to the contrary contained in this Section, at all times at least four members of the Zoning Board of Appeals shall be residents of the City of Duluth.
3.Members of the Zoning Board of Appeals may be removed from office by the City Council for cause or for nonattendance at three consecutive meetings upon written charges and after a public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected.
4.One member of the Zoning Board of Appeals shall be a member of the Planning Commission. No other member of the Zoning Board of Appeals shall hold an elected or appointed public office in Duluth Government.
1303.02. Officers
The Zoning Board of Appeals shall elect one of its members, other than the member of the Planning Commission, as Chairman, a second one as Vice-Chairman, and a third as Secretary. The Chairman, Vice-Chairman and Secretary shall serve one year in those capacities or until re-elected or until successors are elected. The City Council may delegate the administrative and record keeping duties of the Zoning Board of Appeals to an employee of the City of Duluth.
1303.03. Procedure
1.The Zoning Board of Appeals shall adopt rules necessary for the conduct of its affairs provided such rules are not in conflict with the provisions of this Development Code. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings shall be open to the public.
2.The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the Planning and Development Department.
1303.04. Power and Duties
The Zoning Board of Appeals shall have the power and duty to consider and decide requests for special exceptions referred to it by the Director, hardship variances and floodplain management variances, in accordance with the provisions and procedures contained in Article 12, Appeals.
§ 1304
Schedules and Fees
1.From time to time, the City Council may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this Development Code, and may adopt schedules of dates, times and places as appropriate and necessary to regulate the application, review and public hearing processes required by this Development Code.
2.The schedule of fees shall be available in the Planning and Development Department office and may be altered or amended only by the City Council.
3.Until all applicable fees have been paid in full, no action shall be taken on any application, permit or appeal.
§ 1305
Development Code Amendments
1305.01. Amendments Authorized
This Development Code may be amended from time to time in whole or in part by the City Council, including the re-adoption or comprehensive amendment of the Official Zoning Map. Any amendment to or insertion of a new Article, Section, Subsection or Paragraph, or any comprehensive Zoning Map Amendment shall be considered and acted upon by the City Council under the provisions of this Section.
1305.02. Initiation of Code Amendments
Only the City Council may initiate a change to the text of this Development Code or a comprehensive amendment to the Zoning Map. Such an initiation may be in response to a request from the Director, the Planning Commission, the Zoning Board of Appeals, or any private citizen or property owner, or on its own motion, upon a determination that the public necessity, general welfare or good zoning practice justifies such action.
1305.03. Code Amendment Process
No amendment to the text of this Development Code or comprehensive amendment to the Zoning Map (hereinafter referred to as a “code amendment”) shall become effective unless it shall have been submitted to the Planning Commission for review and recommendations.
1.Public Notice. Before enacting a code amendment to this Development Code, the city shall hold public hearings thereon. At least 15 days but not more than 45 days prior to each public hearing, notice is to be published in a newspaper of general circulation within the city. The notice is to state the time, place and purpose of the hearing.
2.Public Hearings; Procedures. Public hearings by the Planning Commission and the City Council on a code amendment shall follow the same procedures as a public hearing for a rezoning or special use, as described under Article 11 of this Development Code.
3.Decision on a Code Amendment.
a.The Planning Commission shall make a recommendation for approval, denial or such other action it deems appropriate, no later than their next regularly scheduled meeting following their public hearing, or the proposed amendment shall go forward with no recommendation. The report of the Planning Commission shall be forwarded in writing to the City Council for final approval or denial.
b.The City Council shall hold its public hearing and take action on each code amendment at a regularly scheduled meeting for which adequate notice can be published.
c.The Planning Director shall maintain a record and date of such amendments as approved or denied by the City Council and shall update this Development Code or the Zoning Map as amended within 30 calendar days of the City Council’s action.
1305.04. Standards for Code Amendments
The Planning Commission and the City Council shall consider the following standards in reviewing any code amendment to this Development Code, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:
1.Is the proposed amendment consistent with the purpose and intent of this Development Code as stated under Article 1?
2.Does the proposed amendment further or is it compatible with the purpose and intent of the Comprehensive Plan?
3.Is the proposed amendment required to adequately address new or changing conditions or to properly implement the Comprehensive Plan?
4.Does the proposed amendment reasonably promote the public health, safety, or general welfare?
1305.05. Effect of Code Amendment Approval
1.Approval of a code amendment shall be in full force and effect upon its approval by the City Council or upon the stated effective date thereof.
2.For a property on which a use, building, structure, or other improvements existed in conformity with this Development Code prior to the effective date of a text amendment affecting the property, any such use, building, structure, or other improvements no longer in conformance shall be governed by the provisions for Nonconforming Development under Article 1 of this Development Code, as applicable.
3.Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this Development Code prior to the effective date of a code amendment may continue to completion as though no change had occurred and, upon completion, shall be governed by the provisions for Nonconforming Development under Article 1 of this Development Code, as applicable.
§ 1306
Annexations
1306.01. Zoning Classification of Land upon Annexation
1.Any land subsequently annexed into the City shall be classified by the City Council as to the zoning district or districts at the time of annexation provided that before the zoning decision and annexation are approved, a public hearing is held concerning the zoning decision.
2.The City Council in determining the zoning classification may take into account the use restrictions on the land prior to annexation and the Land Use Plan and Comprehensive Plan.
1306.02. Review by Planning Commission
The Planning Commission shall review the proposed annexation and shall report its recommendation for zoning of the property or properties involved to the City Council within 30 days of the request for a recommendation.
1306.03. Zoning Public Hearing
1.The public hearing held by the City Council concerning the zoning decision may be held in conjunction with the public hearing concerning annexation.
2.A notice of the time and place of the public hearing shall be published at least 15 days, but no more than 45 days, prior to said public hearing in the official legal organ of the City of Duluth. The notice shall state the time, place and purpose of the hearing. The notice shall also include the location of the property, the present zoning classification of the property within Gwinnett County, and the proposed zoning classification of the property.
3.A sign containing the same information as contained in the published notice shall be placed in a conspicuous location on the property by the property owner not less than 15 days prior to the date of the public hearing.
§ 1307
Violation and Penalties
1307.01. Violations
Any action or inaction which violates the provisions of this Development Code or any permit issued thereunder, may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief, as described under Section 1307.06(1). The undertaking of any administrative enforcement action or the imposition of any of the penalties described below shall not prevent such equitable relief.
1307.02. Right of Inspection
1.The Planning and Development Director or the Director’s designee, or other responsible enforcement agents, officers or employees of the City shall have authority to enter upon privately owned land for the purpose of performing their assigned and official duties under this Development Code and may take or cause to be made such examination, surveys or sampling as such enforcement officers or employees deem necessary.
2.Law enforcement officials or other officials having police powers shall have authority to assist the Director in enforcement activities.
1307.03. Notice of Violation
If the Planning and Development Director determines that an owner, occupant or other responsible person has failed to comply with the requirements and provisions of this Development Code, the Director shall issue or direct the issuance of a written notice of violation to such owner, occupant or other responsible person. Where a person is engaged in activity covered by this Code without having first secured a permit authorizing the work, the notice of violation shall be served on the owner, occupant or other responsible person in charge of the activity being conducted on the site.
1.The notice of violation shall contain:
a.The name and address of the owner, occupant or other responsible person, if known;
b.The address or other description of the site upon which the violation is occurring;
c.A statement specifying the nature of the violation;
d.A description of the remedial measures necessary to bring the action or inaction into compliance with this Code and the date for the completion of such remedial action;
e.A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
f.A statement that the determination of violation may be appealed to the Planning and Development Director by filing a written notice of appeal within 10 working days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient).
g.If the identity of the owner, occupant or the responsible person cannot be determined, the notice of violation may be posted in a prominent and visible location on the property where the violation has occurred or is occurring. Such posting shall establish constructive and sufficient notice of the violation to such owner, occupant, or responsible person regarding the violation.
1307.04. Violations; Administrative Actions
1.In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, the City may institute any appropriate action or proceeding to prevent or remedy such violation or attempted violation in lieu of or as a precedent to legal action.
2.Before taking any of the following actions, the Planning and Development Director shall first notify the owner, occupant, or other responsible person in writing of his or her intended action, and shall provide a reasonable opportunity, of not less than 10 working days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient) to cure such violation.
3.In the event the owner, occupant, or other responsible person fails to cure such violation after such notice and cure period, the Planning and Development Director may take any one or more of the following actions:
a.Stop work order. The Planning and Development Director may issue a stop work order which shall be served on the owner, occupant, or other responsible person. The stop work order shall remain in effect until the owner, occupant, or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the owner, occupant or other responsible person to take the necessary remedial measures to cure such violation or violations.
b.Cease-and-desist order. The Planning and Development Director may issue a cease-and-desist order when appropriate to the type of violation of this Development Code.
c.Withhold certificate of occupancy. The Planning and Development Director may refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site until the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
d.Suspension, revocation, or modification of permit. The Planning and Development Director may suspend, revoke, or modify the permit authorizing a development project. A suspended, revoked, or modified permit may be reinstated after the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Director may deem necessary) to enable the owner, occupant, or other responsible person to take the necessary remedial measures to cure such violations.
e.Removal of illegal structures. When a building or other structure has been constructed in violation of this Development Code, the violator may be required to remove the structure or bring said structure into compliance with this Development Code, at the discretion of the Planning and Development Director.
f.Restoration of vegetative cover. When removal of vegetative cover, excavation, or fill has taken place in violation of this Development Code, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practical, at the discretion of the Planning and Development Director.
g.Clean Water Act notifications. If the Director discovers a violation of this Development Code that also constitutes a violation of provisions of the Clean Water Act as amended, the Planning and Development Director may issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the landowner.
1307.05. Penalties
1.Civil penalties. In the event the owner, occupant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 working days, or such greater period as the Planning and Development Director shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient) after the Director has taken one or more of the actions described above, the Director may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
2.Criminal penalties.
a.For intentional and flagrant violations of this Development Code, or intransigence on the part of the owner, occupant or other responsible person, the Planning and Development Director may issue a citation to the owner, occupant or other responsible person, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for not more than 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
b.In addition to any criminal penalty imposed by the court, the City may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of this Development Code from the convicted party or parties responsible for the violation.
1307.06. Other Remedies
1.Equitable relief.
a.In any case in which a violation of this Development Code has occurred, the City Council, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain or abate such unlawful use or activity.
b.If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or if any building, structure or land is used in violation of this Development Code, the City Council or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop the violation in the case of such building, structure, or land use.
2.Remedies not exclusive. The remedies listed in this Development Code are not exclusive of any other remedies available under any applicable Federal, State, or local law and the City may seek cumulative remedies.
§ 1308
Liability
1.Neither the approval of a plan under the provisions of this Development Code, nor the issuance of a permit, nor the compliance with provisions of this Code, shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City for damage to any person or property.
2.Any permit or other authorization issued in error or otherwise issued contrary to the requirements of this Development Code, or authorizing construction activity, or use on a property not allowed by this Development Code, is null and void on its face and shall have no effect or standing.