---
title: Duluth UDC § 106.05 — 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/106.05"
licence: "CC0-1.0"
---

# Duluth UDC § 106.05

Nonconforming Structures

**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:** 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 Structure; Defined.
b. A lawful nonconforming structure is a structure or building whose size, dimensions, location on a

property, or other features were lawful prior to the adoption or amendment of this Development Code,
but which, by reason of such adoption or amendment, no longer meets or conforms to one or more
requirements of this Development Code.
c.
Continuance of Nonconforming Structures.

1. A nonconforming structure may not be enlarged or extended unless a variance for such has been
granted by the Duluth Zoning Board of Appeals. A legal nonconforming structure may be
maintained or repaired, under permit, in accordance with all pertinent building codes and
ordinances.
2. Structures that are nonconforming for reasons of design standards, landscaping requirements, or
buffer standards may be occupied by another tenant, regardless of use, without having to bring
the structure/building into compliance with the current standards provided the “footprint” or
the height of the structure/building is not increased.
3. Change of ownership, tenancy, or management of a nonconforming structure shall not affect its
legal, nonconforming status.
4. Whenever a nonconforming structure is damaged by any means and the extent of the damage is
50% or less of the floor area of the structure or 50% or less of the replacement value of the
structure, as determined by the Building Official, the structure may be restored, provided it is
replaced within six months.
5. Whenever a nonconforming structure is damaged by any means and the extent of the damage is
more than 50% of the floor area of the structure or 50% or more of the replacement value of the
structure, as determined by the City Building Official, the structure shall not be restored unless in
conformity with all applicable ordinances.