Board of Adjustment

Overview

The Board of Adjustment (BoA) hears and decides on issues of physical variances related to the County zoning code. Variance requests may include changes to dimensions, structural location, bulk limitations, setbacks or other development requirements.

The BoA considers granting variances in cases where a property owner cannot meet the standards in their zoning; to consider granting special exceptions for temporary activities and may be asked to consider appeals of the Director of the Community and Development Services Department's written decisions, determinations and interpretations on administrative applications.

Powers & Duties

In Elbert County the powers and duties of the BoA are to hear and act upon request for a variance to the:

• Minimum area of lot
• Minimum width of lot
• Maximum height of structures and fences
• Setbacks, including:
  • Minimum front yard
  • Minimum side yard
  • Minimum rear yard
• Minimum off-street parking requirements and/or
• Such variances as may be deemed necessary by the Board of County Commissioners where, by reason of exceptional shape, size, topography of the lot, condition of the building or land, practical difficulty or unnecessary hardship would result the owner of said property from a strict application or enforcement of the Elbert County Zoning Regulations

Affirmative Vote Requirements

An affirmative vote of the BoA requires a concurring vote of 4 members.

Membership & Terms

The BoA is created by state statute and appointed by the Board of County Commissioners. It consists of 5 voting members and 2 associate members who vote on a rotating basis. Voting members and associates are appointed for 3-year terms which are staggered so that at least 1 member's term will expire each year.