Gwinnett Index

Duluth UDC § 342.08

Special Use Approval

Governing jurisdiction
Duluth

Land inside these city limits is governed by Duluth's own code and boards. A "Duluth, GA" mailing address is not proof of being inside them — most such addresses fall in unincorporated Gwinnett.

Boundary: US Census TIGERweb (Incorporated Places, ACS 2025 vintage), vintage 2025.

Article
3 — Restrictions on Particular Uses
Pages in source
118–120
Adopted
2025-09-08
Amended through
2026-07-13
Source
Adopted PDF

Text

a. Special use approval shall be required to: 1. Construct a new tower in an allowed district; or 2. Modify or accept a collocation to a previously approved wireless facility or support structure (tower) when the proposed modification of collocation: i. Increases the overall height or width of the support structure to which the wireless facilities are to be attached; or ii. Increases the dimensions of the equipment compound that was initially approved by the City. b. Application. In addition to the special use review and approval requirements found in the Procedures and Permits Article of this Development Code, the following process shall apply: 1. An application shall be submitted that includes the following information: i. Site plan(s) to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas and adjacent land uses. ii. Landscape plan to scale indicating size, spacing and type of plantings required in this Code Section. 117 | P a g e Article Three. Restrictions on Particular Uses iii. An impact statement fully describing the effects that the proposed telecommunications facility will have on the environment and surrounding area including the impacts on adjacent residential structures and districts, impacts on structures and sites of historic significance and impacts on streetscapes and significant view corridors. The Impact Statement shall include a description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs and traffic noise or safety impacts of such maintenance. iv. Report from a professional structural engineer licensed in the State of Georgia, documenting the following: 1. Telecommunications facility height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design. 2. Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated. Evidence shall be provided that indicates capacity is sufficient to allow future wireless facilities (collocation). 3. Evidence of structural integrity of the tower structure (i.e. engineer’s statement that structure is built to meet or exceed Standard Building Code). 4. Structural failure characteristics of the telecommunications tower(s) over 70 feet and demonstration that site and setbacks are of adequate size to contain debris. 5. A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity. v. The identity of a community liaison officer to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable. vi. The existing towers and tall structures located within the geographic service area should be identified on a map along with written justification as to the need for a new tower in place of an existing structure vii. A map indicating all existing towers and antennae sites located within Duluth and within 2 miles of the city boundaries. c. Review Period. 1. Within 150 calendar days of the date an application for special use approval is filed with the Planning and Development Department, unless another date is specified in a written agreement between the Department and the applicant, the City shall: i. Make its final decision to approve or disapprove the application; and ii. Advise the applicant in writing of its final decision. 2. Within 30 calendar days of the date an application for special use approval is filed with the Planning and Development Department, the Planning and Development Director shall determine if it is a complete application and, if he or she determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. 3. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the calendar day review period set forth in Sec. 342.08(c)(1) above. 118 | P a g e Article Three. Restrictions on Particular Uses