--- title: Duluth UDC § 106.04 — 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/106.04" licence: "CC0-1.0" --- # Duluth UDC § 106.04 Nonconforming Uses **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:** 36–37 - **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. 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 35 | P a g e 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.