---
title: Duluth UDC § 1204.03 — 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/1204.03"
licence: "CC0-1.0"
---

# Duluth UDC § 1204.03

Limitations on hardship variance approval

**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:** 12 — Appeals
- **Pages in source:** 366
- **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

In no case shall a hardship variance be granted for any of the following:

1. A condition created by the applicant, including the result of an unwise investment decision or real estate
transaction.
2. A change in the conditions of approval imposed through a zoning change granted by the City Council.
3. Reduction of a minimum lot size required by a zoning district except for a lot of record that existed in its
entirety prior to the adoption of this Development Code.
4. A use of land or buildings or structures that is not allowed by the zoning district that is applicable to the
property, or to alter the density requirements in the zone in question.
5. Any increase in the number of dwelling units or non-residential building floor area otherwise allowed by
the zoning district that is applicable to the property.