--- title: Duluth UDC § 104.02 — 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/104.02" licence: "CC0-1.0" --- # Duluth UDC § 104.02 Exemptions **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:** 1 — Adoption, Purpose, and Applicability - **Pages in source:** 33–34 - **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 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. 32 | P a g e Article One. Adoption, Purpose, and Applicability 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.