A variance application allows for development to deviate from the standards set forth by the Forsyth County Unified Development Code. The code also permits the appeal of administrative decisions, and decisions made by the Zoning Board of Appeals. The process for these applications can be found on this page. Please note that these processes may vary depending on the type of application, and the scope of the request.
The online
Customer Self-Service Portal (CSS) allows customers to submit applications and make Visa/Mastercard payments electronically.
Starting August 22, 2024, there will be a 3.55% service fee for debit/credit cards with a $2.50 minimum, or a $1.50 service fee for electronic checks charged by a third-party company to cover the cost of this convenient and secure payment service.
ADMINISTRATIVE VARIANCES
Administrative variances are available for the following development standards, provided that the request does not vary the standard by more than 15%. Variance requests that include more than three parcels requires Board approval.
- Maximum building height
- Building setbacks
- Building separation
- The following buffers:
- Residential Exterior
- Georgia Highway 400
- Large Scale Retail
- Senior Housing
- Side and Rear
- For residential developments twenty-five (25) acres and greater in circumstances where the protection of tree groupings, as required by the Forsyth County Tree Protection and Replacement Ordinance, constitutes an extraordinary hardship for a portion of the lot layout design, the following shall apply with respect to lots suffering such hardship:
- Building setback variance may not exceed twenty percent (20%).
- Lot width variance may not exceed fifteen percent (15%).
- Lot coverage variance may not exceed fifteen percent (15%).
- When a pole-mounted light meeting the height requirements of this Code or any zoning condition placed upon a property, cannot be provided by an electric utility company, the height of a pole-mounted light may be administratively varied to the shortest height available.
Fees: $250 per UDC article (Agricultural and Residential zoning or proposed zoning), $350 per UDC article (Commercial and Industrial zoning or proposed zoning). Fees are doubled if work has begun.
📄 Click here to download the Corporate Company Disclosure form
📄 Click here to download the Owner Authorization form
👤 STAFF CONTACT:
Linda Brown | Planner I
Forsyth County Department of Planning & Community Development
110 E. Main Street, Suite 100 | Cumming, Georgia 30040
(770) 781-2115
ext. 2689
BOARD OF COMMISSIONERS VARIANCES AND APPEALS
The following variance and appeal applications require approval via the Board of Commissioners. These include the following applications:
- Any variance application affecting four (4) or more lots/units within a single subdivision.
- Variance to lot size standards.
- Variance to dust free pavement requirements.
- Variance to undisturbed areas of separation as described in Section 18-12.1 of the Unified Development Code.
- Appeal of a Zoning Board of Appeals decision.
- Information regarding administrative variances is detailed in the section above. Information regarding variance and appeals applications requiring approval via the Zoning Board of Appeals is detailed in the following section.
Fees: $250 per UDC article (Agricultural and Residential zoning or proposed zoning), $350 per UDC article (Commercial and Industrial zoning or proposed zoning). Fees are doubled if work has begun.
IMPORTANT - The deadline to submit applications is 5:00 p.m. on the submittal deadline date.
📄 Click Here for Public Hearing Information and Application Requirements
📄 Click here to download the Corporate Company Disclosure form
📄 Click here to download the Owner Authorization form
📆 2024 Variance meeting calendar
👤 STAFF CONTACT:Haley Powell | Planning Technician
Forsyth County Department of Planning & Community Development
110 E. Main Street, Suite 100 | Cumming, Georgia 30040
(770) 781-2115, ext. 2840
ZONING BOARD OF APPEALS VARIANCES AND APPEALS
Variances may only be granted by the Zoning Board of Appeals for certain dimensional or numerical requirements within the Unified Development Code, and shall not be granted for the purpose of permitting a use which is not permitted in the zoning district in which the subject property is located. The following dimensional or numerical requirements that may be varied are as follows:
- Performance standards specified for any of the various zoning districts, including buffer requirements and setbacks and any land development regulations specified for any of the various zoning districts, but specifically excluding minimum lot size or maximum density requirements.
- Any dimensional or numerical provisions or requirement found in Chapters 10, 16, 17, 18, 19, or 20B of the Unified Development Code.
- The buffer, setback, and lighting height requirements established in Chapter 21, “Overlay Districts,” but specifically excluding the variance of any provisions regarding permitted or prohibited uses or any minimum lot size established pursuant to that Chapter.
Appeals of Administrative Decisions may be made by any person aggrieved by any decision of the Director of Planning and Community Development, or other official, including but not limited to the Directors of Engineering and Water and Sewer, in the administration or interpretation of the Unified Development Code or other county ordinances granting jurisdiction of the Zoning Board of Appeals.
Fees: $250 per UDC article (Agricultural and Residential zoning or proposed zoning), $350 per UDC article (Commercial and Industrial zoning or proposed zoning). Fees are doubled if work has begun.
Please download and complete all applicable forms. Forms are to be uploaded to the online Customer Self Service portal (CSS).
IMPORTANT - The deadline to submit applications is 5:00 p.m. on the submittal deadline date.
Forms for Variances
📄 Company / corporate disclosure form
📄 Property owner authorization form
📄 ZBA public information and application requirements form
📄 Engineering Department's Stream Buffer Variance and Mitigation Checklist
📄 Medical Hardship application
📆 2024 ZBA meeting calendar
📄 ZBA by laws
Forms for Appeals of Administrative Decisions
📄 ZBA Appeal of Administrative Decision Applicant Certification
📄 Property owner authorization form (Appeals)
📄 Company / corporate disclosure form (Appeals)
👤 STAFF CONTACTS:
Ruth Garcia | Planner I
Forsyth County Department of Planning & Community Development
110 E. Main Street, Suite 100 | Cumming, Georgia 30040
(770) 781-2115 Ext. 2873
Carroll Williams | Planning Manager, Development Review Division
Forsyth County Department of Planning & Community Development
110 E. Main Street, Suite 100 | Cumming, Georgia 30040
(770) 205-4524
direct | (770) 781-2115
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