Zoning Board of Appeals

You may need a variance if your project does not meet one or more zoning requirements in the DeKalb County Zoning Ordinance. Common examples include requests to reduce a setback, increase lot coverage, exceed a fence height limit, reduce a required buffer, adjust parking requirements, or modify another dimensional standard. A variance is not always required just because a project is unusual. In some cases, the project may be redesigned to meet the ordinance. In other cases, a different application type may be needed. The best first step is to confirm the zoning issue before applying. Recommended next step: Book a pre-application meeting or contact zoning staff before submitting.

No. Staff does not approve variances other than administrative variances and land development variances. Planning staff reviews the application, identifies the applicable zoning requirements, evaluates the request against the variance criteria, and prepares a staff recommendation. The Zoning Board of Appeals makes the final decision at a public hearing. Staff may recommend approval, approval with conditions, denial, deferral, or another appropriate action, but the Board is responsible for voting on the request.

Most variance cases follow a 2 - 3 month cycle from application submittal to public hearing. The exact timeline may depend on the application deadline, completeness of the application, legal advertising requirements, sign posting, staff review, and the scheduled ZBA hearing date. Incomplete applications, revised plans, missing information, or requests involving additional review may take longer. Applicants should plan ahead and should not assume that a variance can be approved immediately.

The Board evaluates variance requests using five criteria from the DeKalb County Zoning Ordinance:

1. Physical Conditions — Is there an exceptional physical condition affecting the property?
2. Minimum Relief — Is the request limited to the minimum necessary?
3. Public Welfare — Will the request avoid material harm to nearby properties or the public?
4. Ordinance Hardship — Would strict application of the ordinance create undue and unnecessary hardship?
5. Spirit and Purpose — Is the request consistent with the zoning ordinance and the Comprehensive Plan?

The Board is not only considering whether the project is desirable. It must determine whether the request meets the legal standards for a variance.

No. You should not begin work that requires a variance before the variance is approved and all required permits are issued. A variance approval does not replace building permits, land disturbance permits, historic preservation approvals, development permits, inspections, or any other required approvals. Starting work before approval may result in enforcement action, delays, additional costs, or the need to revise or remove work.

If your request is denied, you may still have options. However, a denial would prevent a request for the same property and ordinance code section for a period of two years. (This is why some applications may opt to “withdraw”). Depending on the situation, you may be able to revise the project to meet the ordinance, reduce the amount of variance relief requested, submit a different application, or explore another design approach. A denial means the Board did not approve the specific request presented at the hearing. It does not always mean that no project can occur on the property. Applicants should speak with staff before deciding whether to revise, resubmit, or pursue another path.

No. Similar conditions nearby may provide useful context, but they do not guarantee approval. Each variance request is reviewed based on the specific property, the specific ordinance requirement, the requested relief, and the five variance criteria. The Board may consider surrounding development patterns, but the applicant still needs to show that the request is justified for the subject property.

No. A variance does not change the allowed use of a property. A variance provides limited relief from a specific zoning requirement, such as a setback, height limit, lot coverage standard, buffer requirement, or similar regulation. If your request involves a different land use, such as adding a commercial use in a residential district, you may need a different application type.

Yes. The Board may approve a variance with conditions. Conditions may be used to limit the approval, reduce impacts, clarify the scope of the request, or ensure consistency with the plans presented at the hearing. For example, a condition may require development to follow a submitted site plan, limit the approval to a specific structure, require screening, or address another site-specific concern.

You should bring enough information for staff to understand the property and the proposed project. Helpful materials include a survey, site plan, sketch of the proposed work, photos of the property, building elevations if available, and any known constraints such as slope, trees, streams, floodplain, existing structures, or prior approvals. The more specific the information, the easier it is for staff to identify the required variances and flag potential issues early.

A stronger application clearly explains what is being requested, why the variance is needed, and how the request meets the five criteria. Strong applications usually include accurate plans, clear dimensions, the specific code sections involved, a written explanation of hardship, documentation of physical site constraints, and evidence that the request is limited to the minimum necessary. A weak application usually relies only on preference, convenience, cost, or general statements without tying the request to the property.

Yes, the applicant or an authorized representative should attend the ZBA hearing. The Board may have questions about the request, the plans, site conditions, public comments, or possible conditions of approval. If no one is present to answer questions, the case may be delayed or affected negatively. The applicant should be prepared to briefly explain the request and respond to questions from the Board.