Zoning and Land Use
SWF has a wide breadth of experience in assisting our clients with a multitude of zoning and land use issues. We actively represent residential, commercial and industrial developers, before local and regional governments in regard to their requests for rezonings, variances, special land use permits and other land use and plat approvals. In addition, we provide assistance in negotiating the numerous regulatory issues related to the construction and permitting of land development projects.

SWF has continued to expand and adjust our areas of expertise to reflect the development trends of the marketplace. In addition to active and ongoing practice in the traditional metropolitan Atlanta area, we also have experience representing clients throughout the entire currently designated twenty-eight (28) County Metropolitan Atlanta area. Further, our representation does not conclude upon obtaining a client’s desired rezoning, but we are available to continue to assist you throughout the myriad regulatory requirements applicable to the land development process.

Experience
We have obtained favorable land use decisions throughout the metropolitan Atlanta and surrounding area. For example:

• We have successfully obtained numerous rezonings and variances in DeKalb, Fulton, Clayton, Gwinnett, and Henry Counties for single family subdivisions, multifamily apartment developments, townhouses, retail developments and industrial uses. These have included the approvals of regional development commissions and the Georgia Regional Transportation Authority, where necessary.
• We have successfully obtained local and state approvals for a regional solid waste landfill in Forsyth County and a construction and demolition landfill in Clayton County.
• We have obtained outdoor advertising permits from state and local authorities for outdoor advertising clients throughout the State of Georgia.
• We have successfully obtained the approval of a myriad of residential, commercial and industrial developments which were originally opposed by local residents through active and successful negotiations which have resulted in unanimous local support for our clients’ development.

Although we always strive to obtain local government approval of our clients’ land use requests, we also have significant experience litigating our clients’ rights to develop their property in accordance with applicable Constitutional and Statutory laws. Representative cases include the following:

• In Garden Club of Georgia v. Shackleford, 274 Ga. 653, 560 S.E.2d 522 (2002), we represented the Outdoor Advertising Association of Georgia in successfully defending legislation which allows for vegetation management adjacent to outdoor advertising structures.
• In FSL Corporation v. Harrington, 262 Ga. 725, 425 S.E.2d 276 (1993), we obtained a special use permit over the objection of the county commission to allow a solid waste landfill.
• In Lamar Advertising of South Georgia, Inc., 260 Ga. 46, 389 S.E.2d 216 (1990), we successfully challenged the constitutionality of a city ordinance which required the removal of outdoor advertising structures without compensation.
• In Legacy Investment Group, LLC v. Kenn, 279 Ga. 778, 621 S.E.2d 453 (2005), we successfully achieved rezoning of a tract of property in south Fulton County following a Supreme Court victory overturning the trial court’s ruling in favor of Fulton County.
• In Union City Board of Zoning Appeals v. Justice Outdoor Displays, Inc., 266 Ga. 393, 467 S.E.2d 875 (1996), we successfully challenged overly restrictive limitations on the erection of billboards within the City of Union City.

This practice area is led by David Flint. For questions or additional information about our zoning and land use practice, please contact David at 404-954-9843 or at dflint@swfllp.com.