How to Apply for a Zoning Variance in the City of Atlanta
A Zoning Variance is an official request to the City of Atlanta to deviate from the established rules of the Zoning Ordinance for a specific property. It is not a way to change the use of the land (e.g., from residential to commercial), but rather to address a physical constraint, such as an unusual lot size, shape, or topography, that makes the strict application of a rule (like a setback or height restriction) an unnecessary hardship.
The governing body for these requests is the Board of Zoning Adjustment (BZA). The process is lengthy, quasi-judicial, and requires meticulous documentation, extensive public engagement, and legal justification.
At Radovic Permits, our specialized zoning research Atlanta services prepare and coordinate these complex applications, maximizing the chances of BZA approval.
Pre-Application and Document Preparation
Before filing an application, the applicant must meet with the City Planning staff and gather irrefutable evidence of the property's unique hardship.
The Mandatory Pre-Application Review
Requirement: Applicants must schedule a mandatory Pre-Application Review Meeting with a City Planner from the Office of Zoning and Development (OZD).
Purpose: The planner will review the detailed site plan and project details to formally assess the request and confirm which specific sections of the Zoning Ordinance require a variance. This step is necessary to formally file the application and prevents misfiling.
Action: The applicant must clearly articulate the desired outcome and the reason (hardship) for the request during this meeting.
Document Assembly and Certification
The application packet must be 100% complete and legally certified, as incomplete applications are rejected outright, causing immediate delays.
Application Form: The official Variance & Special Exception Consolidated Application form must be used and fully completed.
Notarized Signatures: The application must contain the original notarized signature of every property owner of record. If the applicant is not the owner, a notarized Power of Attorney or Agent Authorization form is required.
Legal Description/Survey: A recent plat of survey or a legal description (metes and bounds) of the subject property must be submitted. The survey must show all boundaries and clearly identify the required setbacks and the area of non-compliance.
Site Plan and Drawings: Detailed site plans and/or building elevations showing both existing conditions and the proposed improvements must be submitted to scale, clearly indicating the requested deviation (e.g., how far the proposed porch encroaches into the required side yard setback).
Justification and Formal Submission
The core of the application is the written justification that proves the variance is warranted under state and local law. The BZA cannot act on compassion; it can only act on legal precedent.
Proving Unnecessary Hardship (The Four Criteria)
The Board of Zoning Adjustment (BZA) is legally bound to grant a variance only if the applicant successfully proves all four of the following legal criteria, as outlined in the City of Atlanta Zoning Ordinance:
Extraordinary and Exceptional Conditions: The property must have unique physical characteristics (size, shape, or topography) that distinguish it from the surrounding properties in the same zoning district.
Unnecessary Hardship: The strict application of the zoning ordinance to this particular property would create an unnecessary hardship for the owner (not merely a financial disadvantage or inconvenience).
Peculiar Conditions: The special conditions creating the hardship must be peculiar to the particular piece of property involved (i.e., not general conditions found throughout the neighborhood).
No Detriment to Public Good: Granting the variance would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta.
Filing the Application
Submission: The completed packet, including the notarized application, survey, plans, justification narrative, and filing fee, must be submitted in person to the Department of City Planning, Office of Zoning and Development (OZD) at City Hall.
Timing: Applications are accepted on specific days and times. The application must be filed by the deadline to be placed on the corresponding BZA public hearing calendar. This timing is critical for managing project schedules.
Public Participation and The BZA Hearing
The process involves mandatory public notification steps designed to gather community input, which is a major factor the BZA considers before rendering its decision.
Neighborhood Planning Unit (NPU) Review
Mandatory Contact: Upon filing, the applicant is notified of the appropriate Neighborhood Planning Unit (NPU) contact person. Applicants are required to meet with the NPU to present the proposal and address community concerns.
Presentation and Recommendation: The applicant must attend the relevant NPU meeting (and often the local neighborhood association meeting beforehand) to explain the project and justify the variance using the four criteria. The NPU will vote on the application, which results in a formal recommendation (approval, denial, or deferral) to the BZA. A negative NPU recommendation makes BZA approval significantly more difficult.
Public Notification and Hearing
Posted Notice: The applicant is responsible for posting official public hearing notification signs on the property on each road frontage no later than 20 days prior to the BZA hearing date.
The BZA Hearing: The applicant (or their authorized representative) must appear before the five-member Board of Zoning Adjustment (BZA) to present their case. Applicants are typically allotted a limited amount of time (often 10 minutes) for presentation, including any rebuttal time for community comments.
Decision: The BZA will review the application, the staff recommendation from the OZD, the NPU recommendation, and all testimony before making a final decision to approve, deny, or approve with conditions.
A request that is denied by the BZA cannot be resubmitted for a period of six months from the date of the denial, underscoring the necessity of a complete and compelling application the first time.