--- title: Duluth UDC § 1104.02 — 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/1104.02" licence: "CC0-1.0" --- # Duluth UDC § 1104.02 Standards Governing the Exercise of Zoning Power **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:** 301–302 - **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 1. In exercising the zoning powers granted to the Mayor and City Council by State Law, the City Council shall apply the following standards in making zoning decisions: a. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. b. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property. c. Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. d. Whether the zoning proposal is consistent with the Land Use Policy Plan, Comprehensive Plan, transportation plans, or other plans adopted for guiding development within the City of Duluth. e. Whether there are other existing or changing conditions affecting the use and development of property that give supporting grounds for either approval or disapproval of the zoning or special use proposal. 300 | P a g e Article Eleven. Procedures and Permits 2. Standards for review of a Planned Unit Development rezoning, in addition to those enumerated under paragraph (a), above, are found in Article 5 of this Development Code.