Preserve natural features,
Promote infill and mixed use development,
Impose design standards, and
Ensure communities reach land use goals established in the Comprehensive
Plan.
What
is a zoning district?
A city or county can be legally divided into areas or zones. These zoning
districts can specify the uses and dimensional requirements allowable for
the property in these areas.
What
are overlay districts?
The Overlay District is a planning tool used to supplement current zoning
classifications. Overlay districts have their own standards and criteria
that must be followed in addition to the existing zoning requirements. Overlay
districts have been used to impose development or design restrictions in
specific locations. The Overlay Districts in DeKalb County are as follows:
Residential Infill Overlays
Urban Design Overlay Districts
Historic Overlay Districts
Preservation Overlay
Airport Compatible Use Overlay
What
is the process for passing new development projects in existing
overlay districts? Development projects proposed in
overlay districts must follow the County’s process.
details
Who
decides on zoning issues?
Zoning receives, processes, reviews and makes recommendations on applications
to rezone property in the County. The Zoning Board of Appeals meets monthly
to hear requests for variances from the zoning ordinance when it is alleged
that the strict application of the zoning ordinance to a particular parcel
of land will cause the owner an unnecessary hardship due to the size, shape
and topography of the parcel.
What is Comprehensive Planning?
Comprehensive planning is the process by which a community determines how
it wants to look in the future. The Comprehensive Plan provides an assessment
of existing conditions and future needs of DeKalb County. The Comprehensive
Plan is available for review online: click here for details.
What
is a “Character Area”?
The term Character Area is used to define the visual and functional differences
of communities, corridors and natural areas within DeKalb County as outlined
in the Comprehensive Plan. It is a specific geographic area within the community
that has unique or special characteristics to be preserved or enhance. Character
Areas have the potential to evolve into a unique area through adequate planning
or they can be areas that require special attention due to unique development
issues. There are 14 Character Areas in DeKalb County. For more information
please review the Community Agenda portion of the Comprehensive Plan.
How
are the Comprehensive Plan and the Zoning Codes different?
The Comprehensive Plan is a guide that outlines the vision, policies and
goals of the County over the long-range. It outlines general development
types and general land uses (i.e., Character Areas). The zoning code is a
regulation tool that implements the Comprehensive Plan’s policies through
provisions for requirements, enforcement, penalties, and incentives. The
zoning code outlines specific zoning districts.
Zoning
Glossary of Terms
Abutting Having
property or district lines in common: e.g., two lots are abutting
if they have property lines in common.
Access A
way of approaching or entering a property. In zoning and subdivision
regulations, lots of record usually are required to have direct
access to a public street or highway or to a private street
meeting public standards. This is done, not only to permit
entry of residents and other uses, but to permit fire engines
to reach buildings. In the context of land-use controls, access
also includes ingress, the right to enter, and egress, the
right to leave.
Accessory
Building or Use A building or use which: (1) is subordinate
to and serves a principal building or use; (2) is subordinate
in area, extent, or purpose to the principal building or
principal use served; (3) contributes to the comfort, convenience,
or necessity of occupants of the principal building or principal
use; and (4) is located on the same zoning lot as the principal
building or principal use. Examples of accessory uses are
private garages, storage sheds, play houses, and swimming
pools.
Addition Any
construction which increases the size of a building such as
a porch, attached garage or carport, or a new room or wing.
Air
Rights The rights to the space above a property, for
development, usually for a dissimilar use. Common law grants
the owner of a piece of real estate ownership of a vertical
space extending an unlimited distance above the ground. Common
sales of air rights are above transportation facilities such
as highways or railroad tracks or yards.
Airport
Zoning A particular set of controls intended to protect
the integrity of an airport, its airspace, and its environs.
Area
Requirements The designation given to the specific
requirements set forth in a zone or district by the zoning
ordinance text. Area requirements refer to the numerical
standards established for a lot or yard in a particular zone.
Buffer
Zone A strip of land or an area established to protect
one type of land use from the undesirable characteristics
of another. The purpose is to screen any potential objectionable
features resulting from the more intensive utilization of
land from neighboring, less-intensive use areas.
Buildable
Area The space remaining on a zoning lot after the
minimum open-space requirements (coverage, yards, setbacks)
have been met.
Building
Line A line, usually fixed parallel to the lot line,
beyond which a building cannot extend under the terms of
the zoning ordinance. It is equivalent to the setback or
yard line.
Certificate
of Occupancy Official certification that a premise
conforms to provisions of the zoning ordinance (and building
code) and may be used or occupied. Such a certificate is
granted for new construction or for alteration or additions
to existing structures. Unless such a certificate is issued,
a structure cannot be occupied. The certificate is granted
in the form of a written document that must be posted at
the place of construction or addition. Classification (1)
Division of uses or activities into groups or subgroups for
regulatory purposes; (2) the process of deciding what uses
should be permitted in what zoning districts; and (3) the
zone requirements imposed on a particular piece of property.
Cluster
Development Generally refers to a development pattern-for
residential, commercial, industrial, institutional, or combinations
of such uses- in which the uses are grouped or “clustered” through
a density transfer, rather than spread evenly throughout
a parcel as in conventional lot-by-lot development. A zoning
ordinance may authorize such development by permitting smaller
lot sizes if a specified portion of the land is kept in permanent
open space either through public dedication or through creation
of a homeowners association.
Compatibility The
characteristics of different uses or activities that permit
them to be located near each other in harmony without conflict.
It is a general but important concept which forms the basis
for the segregation of uses, through zoning, in districts.
The designation of permitted and special-permit uses in a zoning
district are intended to achieve compatibility within the district.
Conditional
Rezoning The attachment of special conditions to a
rezoning which are not spelled out in the text of the ordinance.
Covenant A
private legal restriction on the use of land, contained in
the deed to the property or otherwise formally recorded. There
may be certain legal requirements for formal establishment
of a covenant such as a written document, a mutual interest
in the property, that the covenant be concerned with the use
of land rather than individual characteristics of ownership,
etc. Covenants are most commonly used in the establishment
of a subdivision to restrict the use of all individual lots
in the development to a certain type of use, e.g., single-family
dwellings. They are also used in rezoning situations, where
contract or conditional zoning is permitted, to bind the landowner
to use their property in a specific manner.
Dedication Under
subdivision regulations, the transfer of property from private
to public ownership. Subdivision regulations have traditionally
required developers to build streets and utility lines to specifications
and then dedicate them to the public. Requirements have also
been extended to include land for open space and for schools.
Dedication requirements usually involve a transfer of ownership
of property to the government.
Density The
average number of families, persons, or housing units, or units
per unit of land; usually density is expressed “per acre.” Thus
the density of a development of 300 units occupying 40 acres
is 7.5 units per acre. The control of density is one of the
basic purposes of zoning. Density controls is a technique used
in zoning to establish the number of dwelling units of any
kind that may be developed in a given area of land.
Development
Impact Fees This is a fee or tax imposed on developers
to pay for the costs to the community of providing services
to a new development. It is a means of providing a fund for
financing new improvements without resorting to deficit financing.
Impact fees may also involve some effort to predict the total
cost to the community of servicing the new development in
light of the tax revenues that will be produced by the development
once it is completed. Where this is done, there may be some
attempt to exact the difference in tax revenues anticipated
over the cost of services.
Development
Rights A broad range of less-than-fee-simple ownership
interests, mainly referring to easements. Thus, an owner
can retain complete or absolute (fee simple) rights to his
or her land and sell the developments rights to another.
The owner would keep title but agree to continue using the
land as it had been used in the past, with the right to develop
resting in the holder of the development rights. Such rights
usually are expressed in terms of the density allowed under
the existing zoning. In transfer of development rights, the
amount may not exceed the difference between this total and
that which actually exists on a given parcel of land, expressed
in dwelling units per acre or square feet of building area.
Easement A
right given by the owner of land to another party for specific
limited use of that land. For example, a property owner may
give or sell an easement on his property to allow facilities
like power lines or pipelines or allow access to another property.
An easement may be acquired by a government through dedication
when the purchase of an entire interest in the property may
be too expensive or unnecessary.
Eminent
Domain The legal right of government to acquire or “take” private
property for public use or public purpose upon paying just
compensation to the owner. While originally used only when
land was to be kept in public ownership, i.e., for highways,
public buildings, or parks, property has been condemned under
eminent domain powers for private use in the public interest
such as urban renewal.
Floor
Area Ratio (FAR) The ratio of floor area permitted
on a zoning lot to the size of the lot. Thus, a permitted
floor area ration of 6.0 on a 10,000 square foot lot would
allow a building whose total floor area is 60,000 square
feet.
Front
Lot Line The line separating the lot from the street.
Frontage The
frontage, or front, of a lot is usually defined as the side
nearest the street. The definition used is important because
it may have an important effect on yard requirements.
Hardship An
unusual situation on the part of an individual property owner
that will not permit the full utilization of property that
is given to others within the community. A hardship exists
only when it is not self-created or when it is not economic
in nature. A true hardship exists only when the literal interpretation
of the requirements of the ordinance would plan an individual
in an unusual circumstance and would deny the right to use
property for any purpose, or create an unnecessary burden,
unless relief is granted.
Height
Development Regulations Zoning regulations that limit
the maximum height of buildings within particular zones.
Height usually is measured from the highest point of the
building, excluding chimneys, antennas, and other appurtances.
(Special rules are often set up to cover buildings on slopes).
One purpose of height regulation is aesthetic – to
relieve feelings of congestion and to preserve views. Another
purpose, used particularly in dense areas, is to permit sunlight
to reach the ground.
Land,
Improved Raw land which has been provided with basic
utilities such as water and sewerage, streets, and if required,
sidewalks; such improvements normally precede residential
or other construction.
Land,
Raw Vacant land, unsubdivided and unimproved with
utilities.
Land
Use A term used to indicate the utilization of any
piece of land whether it be a lot, plat, tract, or acreage.
The way in which land is being used is the land use.
Lot The
basic development unit – an area with fixed boundaries,
used or intended to be used by one building and its accessory
building(s).
Minimum
Residential Floor Area (House Size) Requirement A
requirement that the total floor area of a dwelling unit
be of a minimum number of square feet.
Mixed
Use-Zoning Zoning that permits a combination of usually
separated uses within a single development. Many ordinances
specify permitted combinations of, say, various residential
types and local businesses. More recently the term has been
applied in a more limited way to major inner-city developments,
often with several high-rise buildings, which may contain
offices, shops, hotels, apartments, and related uses.
Moratorium A
temporary halting or severe restriction on specified development
activities. For example, moratoriums on the issuance of building
permits or on sewer hookups, for example, may be imposed to
allow the community to build the necessary utilities to accommodate
the new development.
Nonconformities Lots,
structures, uses of land and structures, and characteristics
of uses, that are prohibited under the terms of the zoning
ordinance but were lawful at the date of the ordinance’s
enactment. They are permitted to continue, or they are given
time to become conforming. The continuation of such conformities
is based on the principal that laws cannot be applied retroactively
unless there is a compelling reason – such as imminent
danger to health – to do so.
Nuisance Anything
that interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses. There
are many types of nuisances, and the law can be invoked to
determine when, in fact, a nuisance exists and should be abated.
The separation of uses through zoning, e.g., industrial from
residential, helps to foster the enjoyment of residential areas
free from pollution, noise, congestion, and the other characteristics
of industrial areas. Performance standards, which are better
able to measure degree of nuisance, have been developed as
a way of dealing with activities by the way they perform, rather
than as classes.
Occupancy
Regulations Regulations limiting the number of people
who are allowed to live in a housing unit or the kinds of
activity on other premises. The most prevalent form of occupancy
regulation is the requirement that each housing unit can
be occupied by only one family.
Overlay
Zones A set of zoning requirements that is described
in the ordinance text, is mapped, and is imposed in addition
to those of the underlying district. Developments within
the overlay zone must conform to the requirements of both
zones or the more restrictive of the two.
Parcel A
lot, or contiguous group of lots in single ownership or under
single control, and usually considered a unit for purposes
of development.
Performance
Standards A minimum requirement or maximum allowable
limit on the effects or characteristics of a use, usually
written in the form of regulatory language. Building codes
typically contain requirements that allow a use to perform
to a certain standard which could include requirements for
construction materials, fire resistance walls, etc..
Permitted
Use A use by right that is specifically authorized
in a particular zoning district. It is contrasted with special
permit or conditional uses that are authorized only if certain
requirements are met and after review and approval through
the designated process.
Planning
Commission The public agency empowered to evaluate
proposed changes in land use, either by public or private
developers, for conformance with the comprehensive plan.
Planning Commission members in DeKalb County are appointed
by the CEO and Board of Commissioners.
Plat To
plat means to subdivide; where subdivision. Generally, the
plat usually becomes a map showing the location, boundaries,
and ownership of individual properties. A plat may simply be
the device for officially recording ownership changes or lot
divisions. Where subdivision regulations exists, submission
and approval of a plat is a prerequisite to building. Platting
may also be a requirement to obtain the necessary approvals
without necessarily intending to improve or build, or, where
they are not, to record.
Preapplication Conference
Discussions held between developers and public officials, usually
members of the planning staff, before formal submission of
an application for a permit or for subdivision plat approval.
Precedent The
term precedent is applied in several ways in connection with
zoning. First, it may be applied to a particular court case,
and it can be said that the opinion rendered is a precedent
establishing opinion. By this is meant that, in future judicial
determinations, the decision will probably have a great influence
and will be followed.
Principal
Use The main use of land or structures a distinguished
from a secondary or accessory use. A house is a principal
use in a residential area; a garage or pool is an accessory
use.
Public
Notice A primary procedure to notify the public about
public hearings to amend or change an ordinance. This means
that the public is to be informed and given an opportunity
to be heard before the official action can be taken. Posting
of signs on an affected property is a primary method for
notification but can also take the form of newspaper announcements,
mailings or delivery of a personal service notice upon all
property owners within a certain distance of the property
to be affected.
Rear
Lot Lines Ordinarily that line of a lot which is opposite
and farthest from the front line lot.
Reclassification A
form of rezoning in which the zone designation of an rea or
particular property is changed by changing the zoning map.
Reversion
Clause A requirement that may accompany special use
permit approval or a rezoning that returns the property to
its prior zoning classification if a specified action, such
as taking out a building permit or beginning construction,
does not begin in a specified period of time.
Rezoning Rezoning
is a term applied to both zoning amendments and zoning revisions.
It refers to any change in the zoning ordinance. Rezonings
can take three forms: (1) a comprehensive revision or modification
of the zoning text and map; (2) a text change in zoning requirements;
and (3) a change in the map, i.e., the zoning designation of
a particular parcel or parcels.
Setback A
term usually defined as the required distance between every
structure and front lot line on the lot in which it is located.
Site A
plot of land intended or suitable for development; also the
ground or area on which a building or town has been built.
Site
Plan Review The process whereby local officials review
the site plans and maps of a developer to assure that they
meet the stated purposes and standards of the zone.
Sketch
Plan or Plat A generalized map that is prepared by
a developer, usually before the preapplication conference,
to the let the developer/subdivider save time and expense
in reaching agreement with the appropriate officials as to
the form of the plat and purposes of the regulations. Its
purpose is simply to serve as a basis for discussion without
either side making commitments.
Special
Use Permit When the use of a special nature can be
permitted in a zone in which it would not ordinarily be a
permitted use because of the additional safeguards that have
been placed in the special requirements.
Spot
Zoning Zoning a relatively small area differently
from the zoning of the surrounding area, usually for an incompatible
use and to favor the owner of a particular piece or pieces
of property.
Strucuture Anything
constructed or erected on the ground or which is attached to
something located on the ground. Structures include buildings,
radio and tv towers, sheds and permanent signs.
Subdivision The
process (and the result) of dividing a parcel of raw land into
smaller buildable sites, blocks, streets, open space, and public
areas, and the designation of the location of utilities and
other improvements.
Subdivision
Regulations Local ordinances that regulate the conversion
of raw land into building lots for residential or other purposes.
The regulations establish requirements for streets, utilities,
site design, and procedures for dedicating land for opens
space or other public purposes.
Transfer
of Development Rights (TDR) A relatively new concept,
enacted in only a few locations, in which the development
rights are separated from the land in an area in which a
community wishes to limit development, and permits them be
sold for use in an area desirable for high-density development.
It has been promoted as a way to protect farmland, preserve
endangered natural environments, protect historic areas and
achieve other land use objectives.
Transitional
Uses and Structures Uses or structures, permitted
under the zoning ordinance, which , by their nature or level
and scale of activity, act as a transition or buffer between
two or more incompatible uses, e.g., where commercial uses
are back to back again residences.
Use The
purpose or activity for which a piece of land or its buildings
is designed, arranged, or intended, or for which it is occupied
or maintained.
Variance A
mechanism which grants a property owner relief from certain
provisions of a zoning ordinance when, because of the particular
physical surroundings, shape, or topgraphical condition of
the property, compliance would result in a particular hardship
upon the owner.
Yard An
open space on the same lot with a building or building group
lying between the front, rear, or side wall of a building and
the nearest lot line.
Zero
Lot Line A development approach in which a building
is sited on one or more lot lines with no yard. Conceivably,
three of the four sides of the building could be on the lot
lines. The intent is to allow more flexibility in site design
and to increase the amount of usable open space on the lot.
Zoning
Amendment A change or revision of the zoning ordinance
or map. This must be done by a legal process established
by the enabling legislation of the particular state in which
the municipality is located. There will be the necessity
of drafting the amendment, submitting it to the governing
body, conducting the public hearings, and official adoption
before it can be made a part of the zoning ordinance.
Zoning
Appeal An appeal filed by an individual or group who
has applied for a zoning permit and who has been turned down
for noncompliance with the requirements of the ordinance.
The zoning ordinance itself will set forth the procedure
that must be followed in filing such an appeal.
Zoning
District A section of a city or county designated
in the zoning ordinance text and (usually) delineated on
the zoning map in which requirements for the use of land
and building and development standards are prescribed.
Zoning
Map The map delineating the boundaries of districts
which, along with the zoning text, comprises the zoning ordinance.
The map itself will include all of the area within the operational
sphere of governmental boundaries. It will also include an
indication of the boundaries of each of the zones or districts,
as well as legend showing the type of uses that may be permitted
in each of the districts.
Zoning
Ordinance This text, together with the zoning map(s),
spells out the terms and conditions of zoning within the
municipality. It is put together as a written document, setting
forth all of the standards, procedures, and requirements
and is placed in legal form to be adopted, after a public
hearing, by the local governing body.
