Duluth UDC § 1113.06

Building permits shall only be issued on buildable lots of record, as defined in these Regulations, except under special circumstances limited to and as specifically described in this Section, below. 1. In a single-family detached and duplex residential subdivision, building permits for no more than two model home buildings, on specific lots may be issued by the Planning and Development Department on the basis of an approved Preliminary Plat after the approval by the Fire Services Division and the Gwinnett County Health Department or Department of Water Resources, as appropriate, and subject to all limitations or requirements as may be established by the Planning and Development Director. No Certificate of Occupancy shall be issued for the completed model home until the Final Plat encompassing the model home building lots has been approved and recorded. 2. In fee-simple townhouse subdivisions, a building permit may be issued on a buildable lot of record established for each building (containing any number of townhouse dwelling units) through recording of a Final Plat following completion of all required public improvements. Upon completion of the buildings, the Final Plat shall be re-recorded to establish individual lots for the town-house units, based on their actual locations, prior to issuance of Certificates of Occupancy. 3. In Non-Residential subdivisions, building permits may be issued by the Planning and Development Department on the basis of an approved Site Plan, after a Development Permit has been approved reflecting the site plan and construction drawings for specific buildings and associated site improvements, after the stormwater detention facility has been constructed and all erosion control measures have been installed according to the approved Erosion Control Plan. Issuance of the building permits shall be conditioned upon the following: a. A Performance Bond, prepared in accordance with Section 1130, shall have been received, drawn in favor of the City of Duluth and in an amount not less than 110% of the cost of completing all public improvements as authorized and required by the Site Plan and these Regulations; 311 | P a g e Article Eleven. Procedures and Permits b. Gwinnett County Fire Services Division approval shall be required prior to issuance of any building permit, which may include approval of acceptable access and water pressure of combustible construction; c. Approval of Gwinnett County Health Department for on-site sewage disposal by the Gwinnett County Water Pollution Control Division for a building to be served by public sewer shall be required prior to issuance of any building permit; d. Construction of the required public improvements shall proceed concurrently with construction of the buildings; e. No C.O. shall be approved for any structure within the subdivision prior to recording of the Final Plat without the express approval of the Planning and Development Director; and f. The Planning and Development Director shall have found that the public interest is best served and that a public purpose is involved in the acceptance of the Performance Bond.