---
title: Duluth UDC § 1103.05 — 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/1103.05"
licence: "CC0-1.0"
---

# Duluth UDC § 1103.05

Special Public Hearing; Multifamily Uses of Property

**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:** 11 — Procedures and Permits
- **Pages in source:** 300–301
- **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

The following requirements are adopted as required by the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-
4(h)(1)).

1. When a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more
zoning classifications or definitions relating to single-family residential uses of property so as to authorize
multifamily uses of property pursuant to such classification or definitions, or to grant blank permission,
under certain or all circumstances, for property owners to deviate from the existing zoning requirements
of a single-family residential zoning, such zoning decision must be adopted in the following manner:

a. The zoning decision shall be adopted at two regular meetings of the City Council, during a period

of not less than 21 days apart; and
b. Prior to the first meeting provided for in subparagraph (1) of this paragraph, at least two public

hearings shall be held on the proposed action. Such public hearings shall be held at least three
months and not more than nine months prior to the final action on the zoning decision.
Furthermore, at least one of the public hearings must be held between the hours of 5:00 P.M.
and 8:00 P.M.
2. Notice of such hearing shall be given by:
a. Posting notice on each affected premises in the manner prescribed by O.C.G.A. §36-66-4(b);

provided, however, that when more than 500 parcels are affected, in which case posting notice is
required every 500 feet in the affected area; and
b. Publishing in a newspaper of general circulation within the territorial bound of the City a notice

of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. The
published notice shall be at least nine column inches in size and shall not be located in the
classified advertising section of the newspaper. The notice shall state that a copy of the proposed
amendment is on file in the office of the City Clerk and in the office of the Clerk to Superior Court
of Gwinnett County for the purpose of examination and inspection by the public. The City shall
furnish anyone, upon written request, a copy of the proposed amendment, at no cost.
c.
Both the posted notice and the published notice shall include a prominent statement that the
proposed zoning decision relates to or will authorize multifamily uses or give blanket permission
to the property owner to deviate from the zoning requirements of a single-family residential
zoning of property in classification previously relating to single-family residential uses.
3. These provisions also apply to any zoning decisions that provide for the abolition of all single-family
residential zoning classifications within the territorial boundaries of the City of Duluth or zoning decision
that result in the rezoning of all property zoned for single-family residential uses within the territorial
boundaries of the City of Duluth to multifamily residential uses of property.

299 | P a g e

Article Eleven. Procedures and Permits

4. These provisions shall not apply to zoning decisions for the rezoning of property from a single-family
residential use of property to a multifamily residential use of property when the rezoning is initiated by
the owner or authorized agent of the owner of such property.