---
title: Duluth UDC § 1028.11 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1028.11"
licence: "CC0-1.0"
---

# Duluth UDC § 1028.11

Waiver Circumstances

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 10 — Erosion Control and Stormwater Management
- **Pages in source:** 294–296
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

1. Standards for Approval. The Director or his/her designee may grant a waiver from the requirements of
this Code Division if exceptional circumstances applicable to a site or premises exist such that strict
adherence to the provisions of this Code Division will result in unnecessary hardship and will not fulfill the
intent of the Code Division. Specifically, such waivers may be granted in such individual cases of
unnecessary hardship upon a finding by the Director or his/her designee that:

a. There are extraordinary and exceptional conditions pertaining to the particular site in question;

and

293 | P a g e

Article Ten. Erosion Control and Stormwater Management

b. The waiver is the minimum necessary, considering the impact on upstream and downstream

properties; and
c.
The application of the Code Division to this particular site would create an unnecessary hardship;
and
d. Such conditions are peculiar to the particular site involved; and
e. Such conditions are not the result of any actions of the site owner; and
f.
Relief, if granted, would not cause substantial detriment to the public good nor impair the
purposes or intent of this Code Division; and
g.
No variance may be granted for a site for any discharge that is prohibited by this Code Division or
which would result in a deterioration of quality of stormwater from a site greater than would
otherwise be allowed if no variance were involved.
2. Waiver Procedures.
a. A written request for a waiver shall be required and shall state the specific waiver sought and the

reasons, with supporting data, that a waiver should be granted. The request shall include all
information necessary to evaluate the proposed wavier.
b. The Director or his/her designee will conduct a review of the request for a waiver within 30

working days of receiving the request.

294 | P a g e

Article Eleven. Procedures and Permits