---
title: Duluth UDC § 1113.06 — 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/1113.06"
licence: "CC0-1.0"
---

# Duluth UDC § 1113.06

Issuance on Buildable Lots of Record; Exceptions

**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:** 312–313
- **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

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.