Duluth UDC § 1108
Refiling Restrictions after Denial of an Application
Governing jurisdiction
Duluth
Land inside these city limits is governed by Duluth's own code and boards. A "Duluth, GA" mailing address is not proof of being inside them — most such addresses fall in unincorporated Gwinnett.
Boundary: US Census TIGERweb (Incorporated Places, ACS 2025 vintage), vintage 2025.
- Article
- 11 — Procedures and Permits
- Pages in source
- 306
- Adopted
- 2025-09-08
- Amended through
- 2026-07-13
- Source
- Adopted PDF
Text
1. If an application for approval of a map amendment or special use on a property is denied by the City
Council, an application for the same or any other map amendment or special use on said property may
not be accepted by the Planning and Development Department until the expiration of 12 months from the
date of action by the City Council on the original application unless the City Council denied the original
request without prejudice.
2. The City Council may initiate a map amendment or special use approval on property for which an
application was previously denied, once the six-month waiting period required by O.C.G.A. §36-66-4.c has
lapsed.
3. The property owner may request a City Council Initiation, if he or she can demonstrate to the City Council
that the proposed rezoning or special use is significantly different from the previously denied application.
A significant difference includes, but is not limited to, a change in the requested zoning district, land use,
density of development, buffer proposal, or other items which were discussed at public hearing and/or
figured into the original denial of the rezoning or special use.