---
title: Duluth UDC § 1108 — 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/1108"
licence: "CC0-1.0"
---

# Duluth UDC § 1108

Refiling Restrictions after Denial of an Application

**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:** 306
- **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. 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.