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THE LANDLORD'S LAWYER sm 770.426.4619 THE LANDLORD'S LAWYER sm 770.426.4619

Zoning Hardships In Marietta

Zoning ordinance drafters often face the potential hardships caused to property owners by the application of the ordinance to a particular piece of property. To address this issue, a provision in the state enables a Board of Zoning Appeals to alter the standards of a Marietta zoning ordinance through issuing a variance. A variance allows the zoning board to permit owners who claim a hardship under the current ordinance to use and develop their properties in a manner that diverges with the use and area requirements of the local zoning board. An experienced land use attorney assists clients who seek to acquire permission to use their buildings for purposes otherwise forbidden by the zoning law.

Acquiring a use variance

The Standard Zoning Enabling Act provides a local zoning board of appeals, such as Marietta’s Board of Zoning Appeals, the ability to grant variances. Variances may alter the use to which property may be put, which may include commercial use in a residential zone, or grant area concessions, such as modifying setback lines. Use provisions cannot be altered, unless there are special circumstances affecting a specific area, which qualifies an alteration of the general rules created legislatively. The conditions affecting a parcel of land must be unique to acquire a variance. The determination of Board of Zoning Appeals to award a use variance must be justified with competent, material and substantial evidence.

To obtain a variance, an application must be submitted with evidence of hardship. In addition, the following information is required in a Marietta variance application:

  • $250 application fee
  • Completed notarized application
  • Legal description of property
  • Site plan prepared by a state-registered architect, engineer or land surveyor whose seal is affixed to the plan. Site plans must illustrate all relevant existing information and conditions in addition to proposed additions within the referenced property lines of the tract(s)
  • Copy of current tax bill showing payment or documentation certified by the city of Marietta Tax Division

Experienced Georgia zoning attorneys create innovative strategies to guide clients through the complex zoning process and obtainment of variances.

Retain representation from skilled Georgia commercial real estate attorneys

By bringing a real estate issue to Wiles & Wiles, LLP, you can get help from diligent attorneys who are committed to providing superior representation. The firm represents clients in Marietta, Atlanta, Decatur, Cobb County, Fulton County, DeKalb County, Clayton County, Gwinnett County and throughout Georgia, Florida and Tennessee with commercial real estate issues.


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