Duluth UDC § 106.04
Nonconforming Uses
Governing jurisdiction
Duluth
Land inside these city limits is governed by Duluth's own code and boards. A "Duluth, GA" mailing address is not proof of being inside them — most such addresses fall in unincorporated Gwinnett.
Boundary: US Census TIGERweb (Incorporated Places, ACS 2025 vintage), vintage 2025.
- Article
- 1 — Adoption, Purpose, and Applicability
- Pages in source
- 36–37
- Adopted
- 2025-09-08
- Amended through
- 2026-07-13
- Source
- Adopted PDF
Text
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
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Article One. Adoption, Purpose, and Applicability
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.