---
title: Duluth UDC § 1205.04 — 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/1205.04"
licence: "CC0-1.0"
---

# Duluth UDC § 1205.04

Standards for 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:** 368
- **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 passing upon a floodplain management variance, the Zoning Board of Appeals shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this Development Code relating to flood
damage prevention, and the:

1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger to life and property due to flooding or erosion damage;
3. Susceptibility of the facility and its contents to flood damage and the effect of such damage on the
individual owner;
4. Importance of the services provided by the facility to the community;
5. Necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
6. Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. Compatibility of the use with existing and anticipated development;
8. Relationship of the use to the comprehensive plan and floodplain management program for that area;
9. Safety of access to the property in times of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site; and
11. Costs of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and
bridges.