---
title: Duluth UDC § 106.06 — 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/106.06"
licence: "CC0-1.0"
---

# Duluth UDC § 106.06

Nonconforming Lots

**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:** 37–38
- **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 Lot; Defined.

A lawful nonconforming lot is a lot of record whose area, frontage, width, or other dimensions, or location
were lawful prior to the adoption or amendment of this Development Code, and which, by reason of such
adoption or amendment, no longer meets or exceeds one or more such requirements of the applicable
zoning district.
b. Treatment of Nonconforming Lots.

1. When two or more adjoining lots of record with continuous frontage are in one ownership at any
time after the adoption or amendment of this Development Code and such lots, individually,
have an area or width that is less than is required by this Development Code, then such
contiguous lots shall be considered as a single lot.
2. For a lawful nonconforming lot of record, when it is not possible to provide the required side
yards and at the same time build a minimum width single-family dwelling, the Planning and
Development Director is hereby authorized to grant a special exception reducing the side yard
requirements for such lot the minimum amount necessary for a reasonable dwelling but, in no

36 | P a g e

Article One. Adoption, Purpose, and Applicability

case shall each of the side yards be less than 5 feet in width. See the Appeals Article of this
Development Code for procedures.

