Rev 7/6/18
City of Chamblee Planning & Development Department
5576
Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
VARIANCE AND WAIVER APPLICATION PACKET
Variances and waivers are modifications of the specific provisions of the Unified Development Ordinance (UDO)
granted when strict enforcement of the UDO would cause undue hardship owing to circumstances unique to
the individual property on which they are granted. Variances apply to Title 2 of the UDO, while waivers apply to
Title 3.
The first step toward applying for a variance or waiver is to contact the Development Department to schedule
a pre-application meeting.
Application Requirements Checklist:
The following information and documentation must be received in order for a variance or waiver submittal to
be deemed a complete application:
Completed Application Requirements Checklist
Variance and Waiver Application Form
Owner Permission Affidavit(s)
Campaign Contribution Disclosure Statement(s)
Pre-Application Form Signed by the Development Department
Redevelopment Assessment Form
Legal Description of the property
Letter of Intent:
For a Zoning Variance or Sign Variance
, provide a project description and justification of how
the project complies with the Review and Approval Criteria in Section 280-31. Each of the
following Criteria for a zoning variance or sign variance must be addressed by the applicant:
1) There are extraordinary and exceptional conditions pertaining to the particular property in
question because of its size, shape or topography; and
2) The application of this UDO to the particular piece of property would create an unnecessary
hardship; and
3) Such conditions are peculiar to the particular piece of property involved; and
4) Such conditions are not the result of any actions of the property owner; or
5) Relief, if granted, would not cause substantial detriment to the public good nor impair the
purposes or intent of this zoning ordinance.
For a Stream Buffer Variance
, provide a project description and justification of how the project
complies with the Review and Approval Criteria in Section 310-19(c). Each of the following
Criteria for a stream buffer variance must be addressed by the applicant:
1) The shape, size, topography, slope, soils, vegetation and other physical characteristics of
the property;
2) The locations of all streams on the property, including along property boundaries;
3) The location and extent of the proposed buffer or setback intrusion;
4) Whether alternative designs are possible which require less intrusion or no intrusion;
5) The long-te
rm and construction water-quality impacts of the proposed variance; and
6) Whether issuance of the variance is at least as protective of natural resources and the
environment.
c. For a Waiver, provide a written response to the following criteria from Section 300-8 of the
UDO: “Where, because of severe topographical or other condition peculiar to the site, strict
adherence would cause an unnecessary hardship not caused by the owner, a Waiver may be
granted only to the extent that is absolutely necessary and not to the extent that would violate
the intent of Title 3 of the UDO.”
Site Plan (See attached Site Plan Checklist for requirements)
Other materials reasonably required by the City necessary to the analysis of the application.
Application Fees:
Please submit the entirety of your application electronically, saved in .pdf format with a maximum 50
MB file size, to Chambleedevelopment@chambleega.gov
. No hard copies are required to be submitted.
Fees can be paid electronically via the link found at www.chambleega.gov/152/appications-and-forms.
Application Processing:
Variances: An application shall be considered complete and ready for processing only if it is submitted in the
required format, includes all required information and supporting documentation, and is accompanied by the
application filing fee. The Development Director shall make a determination of application completeness in
accordance with the schedule established pursuant to Section 280-6. Applications deemed complete by the
Development Director will be considered to be in the processing cycle and will be reviewed by City Staff,
affected agencies, and other review and decision-making bodies in accordance with applicable review and
approval procedures of the UDO.
Any variations to strict compliance with the regulations of the UDO require review and approval by the Mayor
and City Council in accordance with the variance procedures of Chapter 280, Article 4.
The Mayor and City Council shall, upon receipt of recommendations from Staff, hold a public hearing on a
variance application. This takes place at the Mayor and City Council Work Session the Thursday prior to the
regular monthly Mayor and City Council meeting, at 6:00 pm at the Chamblee Civic Center, located at 3540
Broad Street, Chamblee, GA 30341.
A meeting of the Mayor and City Council for the purposes of reviewing and making final decisions on
variances shall be conducted either no more than five days after the date of the public hearing, or at the next
scheduled meeting of the Mayor and City Council, where the Mayor and City Council shall act by simple
majority vote to approve the variance, approve the variance with conditions, or deny the variance based on
the applicable review and approval criteria of Section 280-31. The Mayor and City Council is also authorized
See Adopted Fee Schedule
to def
er action or continue a hearing in order to receive additional information or further deliberate. The
regular meeting of the Mayor and City Council occurs the third Tuesday of every month at 7:30 pm at the
Chamblee Civic Center, located at 3540 Broad Street, Chamblee, GA 30341.
If a variance application is denied, an application to vary the same zoning ordinance provision for the same
portion of the subject property may not be resubmitted for six (6) months from the date of the denial.
Any person aggrieved by a final variance decision of the mayor and city council, including any officer,
department, board or agency affected by such decision, may seek review of such decision by petitioning the
superior court for a writ of certiorari, setting forth the alleged errors. The petition must be filed within 30 days
of the date that the mayor and city council renders its final decision.
Waivers: Waivers and variances have the same application requirements, follow the same timeline, and have
the same appeals requirements. However, waivers do not require a public hearing.
See Zoning Application Schedule for submittal deadlines and public meeting dates.
The current UDO and Zoning Application Schedule can be found at www.chambleega.gov/160/zoning
.
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
VARIANCE AND WAIVER APPLICATION
CHECK ALL THAT APPLY: Zoning Variance Sign Variance
Stream Buffer Variance Waiver
_____________________________________________________________________
Name of Project
_____________________________________________________________________
Property Address
_____________________________________________________________________
Brief Description of Project
_____________________________________________________________________
_________________________________
Zoning District
__________________ ______________ __________________ ______________
Total # of Properties Involved Total Project Acreage Total Number of Buildings Total sq. ft. of buildings
OWNER:
_____________________________________________________________________
Name and Company
_____________________________________________________________________
Mailing Address City, State Zip Code
________________________ ___________________________________________
Phone # E-mail
APPLICANT: Check here if Applicant is also the Property Owner
_____________________________________________________________________
Name and Company
_____________________________________________________________________
Mailing Address City, State Zip Code
_________________________ ____________________________________________
Phone # E-mail
_______________________________________________________ _________________________
Applicant Signature
Date
I hereby certify that all information provided herein is true and correct.
NOTARY:
Sworn to and subscribed before me this ________ day of _______________________, 20________
Notary Public:
Owner Permission Affidavit
Subject Property Street Address:
Subject Property Tax ID number: 18 - - -
Owner:
Name (Person, Firm, Corporation, or Agency):
Mailing Address:
Phone:
Email:
Property Owner’s Agent (If applicable)
Name (Person, Firm, Corporation, or Agency):
Mailing Address:
Phone:
Email:
I am applying for, or I hereby give authority to the applicant to file an application for:
Owner/Agent signature Owner/Agent printed name
This instrument was signed before me on this date
County Georgia Notary Signature:
Affix seal/stamp as close to signature as possible
Rev 5/10/18
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 770-986-
5010 chambleega.gov
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
Disclosure of Campaign Contributions
Please read the law and complete the Campaign Disclosure Statement on the following page if
you are requesting a Variance, Amendment, or Development of Community Impact.
GA C
itation/Title
GA Code 36-67A-3, Disclosure of Campaign Contributions
*38069 Code, 36-67A-3
COD
E OF GEORGIA TITLE 36. LOCAL GOVERNMENT PROVISIONS APPLICABLE TO COUNTIES
AND MUNICIPAL CORPORATIONS CHAPTER 67A. CONFLICT OF INTEREST IN ZONING
ACTIONS (Current through 2016 General Assembly)
36-67A-3 D
isclosure of campaign contributions.
a) When any applicant for rezoning action has made, within two years immediately preceding the
filing of that applicant’s application for the rezoning action, campaign contributions aggregating
$250.00 or more to a local government official who will consider the application, it shall be the
duty of the applicant to file a disclosure report with the governing authority of the respective local
government showing:
1) The name and official position of the local government official to whom the campaign
contribution was made; and
2) The dollar amount and description of each campaign contribution made by the applicant to
the local government official during the two years immediately preceding the filing of the
application for the rezoning action and the date of each such contribution.
b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after
the application for the rezoning action is first filed.
c) When any opponent of a rezoning action has made, within two years immediately preceding the
filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more
to a local government official of the local government which will consider the application, it shall
be the duty of the opponent to file a disclosure with the governing authority respective local
government showing:
1) The name and official position of the local government official to whom the campaign
contribution was made; and
2) The dollar amount and description of each campaign contribution made by the opponent to
the local government official during the two years immediately preceding the filing of the
application for the rezoning action and the date of each such contribution.
d) The disclosure required by subsection (c) of this Code section shall be filed at least five calendar
days prior to the first hearing by the local government of any of its agencies on the rezoning
application.
(Code 1981, 36-67A-3, enacted by Ga. L. 1986, p. 1269, 1; Ga. L. 1991, p. 1365, 1; Ga. L. 1993, p. 91,
36.)
Off
icial Code of Georgia Annotated Copyright 1982 2016 State of Georgia.
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-
986-5010 chambleega.gov
Campaign Contributions Disclosure Form
Have you as applicant, agent for applicant, property owner, or person associated with the application for property,
located at ___________________________________________________________________________, within the
two (2) years immediately preceding the filing of this application, made campaign contributions aggregating $250.00 or
more to an elected official of the City of Chamblee?
YES NO
Name:
Address:
Signature:
Date:
If the answer above is YES, then please complete the following section:
Date
Description
Amount
Applicant/
Owner
INSTRUCTIONS FOR REQUESTING A PRE-APPLICATION MEETING
1. Amend the future development map
2. Amend the zoning map
3. Variance and/or waiver
4. Development of Community Impact (DCI)
5. Subdivide land
6. Addition to a commercial building
7. New commercial building
8. Any other application deemed necessary
Application Submittal and Review Process:
A. Complete a Pre-Application Information Form that contains a detailed description of the request.
B. Prepare Concept
Plans and a Submit a PDF digital version that conveys the proposed project. These plans
may be conceptual in nature and do not need to be developed by a design professional. (Note: Individual PDF
files may not exceed 25 MB. Large files should be separated into individual PDF files not exceeding 25 MB.)
C. Submit the Pre-Application Instruction Form and Concept Plans to the Development Department in person
or via email to chambleedevelopment@chambleega.gov. The application and forms will be reviewed within (2)
two business days. Once the plans are reviewed, the Development Department will notify the applicant if an in-
person Pre-Application meeting is required. Note: If an in-person meeting is not necessary, then the Pre-
Application Meeting will take place during Building Permit submittal.
D. Attend a Pre-Application Meeting with the Development Department. The Development Department will
contact the applicant to schedule a Pre-Application Meeting. Feedback about the proposal along with an
overview of the application/review process will be provided during this meeting. The applicant should bring a
hard copy of the concept plans to the meeting.
E. Submit a Signed Copy of the Pre-Application Information Form with the formal application. When the
applicant is prepared to submit the full, complete application for the development activity or zoning process a
copy of this form is required to be submitted.
PRE-APPLICATION INFORMATION FORM SUBMITTAL CHECKLIST:
Complete Pre-Application Information Form
One PDF digital version of Concept Plans (Note: Individual PDF files may not exceed 25 MB. Large files should
be separated into individual PDF files not exceeding 25 MB.)
Rev 12/17
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
Projects That Require a Pre-Application Meeting:
PRE-APPLICATION INFORMATION FORM
This page must be completed by the Applicant.
APPLICANT
_______________________________________________________________________________
Name
_______________________________________________________________________________
Company
_______________________________________________________________________________
Mailing Address Suite/Apt. # City, State Zip Code
_________________ _________________ _________________
Primary Phone # Alternate Phone # E-mail
PROJECT SUMMARY
_______________________________________________________________________________
Address of Project
_______________________________________________________________________________
Name of Project
_______________________________________________________________________________
Application Type (Rezoning, Building Permit, Land Disturbance, Variance, etc.)
______________________
Tot
al Project Acreage
Detailed Description (Include Proposed Use(s) and Square Footage of Floor Area for each use):
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________ Date: ______ / ______ / ___________
Applicant Signature
NOTE: This form must be signed by the Development Department and submitted with your application.
For Internal Use Only:
Pre-Application Meeting Date: _______________________
Staff Printed Name: _________________________ Signed: _________________________________
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
click to sign
signature
click to edit
Page 1 of 2
City of Chamblee Planning and Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 • chambleega.gov
Revised 6/16/20
Redevelopment Assessment Form
(Applies to all existing structures except for Single-Family Detached Residential structures,
per Chamblee UDO Section 270-9)
PROPERTY ADDRESS: ______________________________________________________________
APPLICANT NAME: _______________________________ DATE: ____________________________
PROJECT TYPE: (Check all that apply)
Renovation
Alteration
Addition
Repair
Other ______________________________________
THRESHOLD ASSESSMENT:
Total construction cost post renovation/improvement, cumulative: TCC = ___________________
(Attach documentation for all improvements made over the last 3 years. See UDO Section 270-9. Interior-only
renovations are 50% of the cost valuation based on the ICC Building Valuation Data Construction Cost Table)
Fair Market Value of existing structure(s): FMV = ___________________
(Attach DeKalb County Tax Assessor documentation for all buildings on the site. The information can be obtained
from the following website: https://propertyappraisal.dekalbcountyga.gov/search/
Percent calculation: TCC/FMV = ________________
ASSESSMENT: (Check one)
Improvements not required because less than 30% improvement
30% 60% 70%
Mandatory compliance is not intended to result in total improvement costs greater than or equal to
125% of FMV value but applicant shall meet items in order of priority listed in Section 270-9 of the UDO
until the 125% cap is met.
See Page 2 of this form for Redevelopment Thresholds Summary Table.
Page 2 of 2
City of Chamblee Planning and Development Department
5576 Peachtree Rd, Ste 102. • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov
Redevelopment Thresholds Summary Table
Code to be applied
Redevelopment costs as a percentage of the
fair market value of the structure
Less than
30%
30% or
more
60% or
more
70% or
more
Section 230-26 (Streetscape design)
Not
mandatory
Mandatory Mandatory Mandatory
Section 250-7 (Parking)
Not
mandatory
Not
mandatory
Not
mandatory
Mandatory
Section 230-27 Building architecture)
Not
mandatory
Not
mandatory
Mandatory
Mandatory
Section 230-29 (Storefront Streets)
Not
mandatory
Not
mandatory
Mandatory
Mandatory
Remaining provisions of Chapter 230, Article 2
(Civic Design) not listed above
Not
mandatory
Not
mandatory
Not
mandatory
Mandatory
Section 250-21 (Dumpsters)
Not
mandatory
Not
mandatory
Mandatory Mandatory
Remaining provisions of Chapter 250 (Off-Street
Parking and Loading Standards) not listed above
Not
mandatory
Not
mandatory
Not
mandatory
Mandatory
Section 320-21 (Off-street surface parking lot planting
requirements)
Not
mandatory
Not
mandatory
Mandatory
Mandatory
Remaining provisions of Chapter 320, Article 2 (Buffers)
not listed above
Not
mandatory
Not
mandatory
Not
mandatory
Mandatory
Subsection 350-2(a)(1)(b) (Sidewalks crossing
driveways)
Not
mandatory
Not
mandatory
Mandatory
Mandatory
Remainder of UDO
Not
mandatory
Not
mandatory
Not
mandatory
Mandatory
Rev 7/6/18
City of Chamblee Planning & Development Department
5576
Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
Variance and Waiver Site Plan Checklists
Zoning and Sign Variances, Waivers
At a minimum, requests shall include the following:
1. Site Plan of Existing Conditions. The site plan must be to scale and include:
Parcel boundaries
North arrow
Visual scale a minimum of 1”=100’
Location of streams and lakes affecting the property
Abutting streets, sidewalks, and rights-of-way
Existing building footprints, and other existing impervious surfaces such as driveways and
walkways
Location of permanent ground signs
Existing easements
Required zoning setbacks
Existing impervious surface area ratio calculation
Existing open space calculation provided (if non-residential)
Required zoning buffers
Additional information as requested by Staff
2. Site Plan of Proposed Conditions. The site plan must be to scale and include the following, clearly
identified with dimensions and materials:
Parcel
boundaries
North arrow
Visual scale a minimum of 1”=100’
Location of streams and lakes affecting the property
Abutting streets, sidewalks, and rights-of-way
Proposed building footprints, and other impervious surfaces such as driveways and walkways
Location of permanent ground signs
Easements
Required zoning setbacks
Impervious surface area ratio calculation
Open space calculation provided (if non-residential)
Required zoning buffers
Additional information as requested by Staff
Rev 7/6/18
City of Chamblee Planning & Development Department
5576 Peachtree Rd, Ste 102 Chamblee, GA 30341 • 770-986-5010 chambleega.gov
Stream Buffer Variances
At a minimum, per Section 310-19(c) of the UDO, a stream buffer variance request shall include the following:
A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural
features, as determined by field survey;
A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics
of the property;
A detailed site plan that shows the locations of all existing and proposed structures and other
impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the
buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;
Documentation of unusual hardship should the buffer be maintained;
At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of
why such a site plan is not possible;
A calculation of the total area and length of the proposed intrusion;
A stormwater management site plan, if applicable; and
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an
explanation of why none is being proposed.
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