Land use, zoning, and rezoning attorneys for Roswell property owners, developers, and neighbors
A Roswell rezoning passes through as many as four public bodies: the Design Review Board or Historic Preservation Commission, a neighborhood meeting, the Planning Commission, and Mayor and Council. Miles Hansford, a short drive away in Alpharetta, represents applicants and opponents at every stop.
Roswell adopted its Unified Development Code in 2014 and is finishing a 2045 Comprehensive Growth Plan whose employment-center designations are already being enforced: in August 2026 Council denied a 62-townhome rezoning on Old Roswell Road because the plan reserves the site for jobs. Add a 640-acre Historic District with its own commission, and preparation matters. For the licensing side of a restaurant, see Roswell alcohol licensing.
How we help in Roswell
- Prepare for the pre-application meeting and staff orientation
- Present at Design Review Board or Historic Preservation Commission
- Run the neighborhood meeting and build the record
- Argue the case at Planning Commission and Mayor and Council
- File or defend the 30-day superior court challenge
Rezonings & Conditional Use
Rezonings, concurrent variances, and conditional use permits through the Planning Commission and Mayor and Council.
Design Review & Historic Preservation
Initial and Final Design Review for commercial projects and Certificates of Appropriateness for exterior changes in the Historic District.
Variances, Neighbors & Appeals
Hardship variances at the Board of Zoning Appeals, opposition strategy for neighbors, and appeals to Fulton County Superior Court.
A 2014 Unified Development Code and five boards that each meet on their own night
Roswell's Community Development Department administers the Unified Development Code, effective June 1, 2014, the city's Design Guidelines, and the Historic District Master Plan adopted in 2019. All review bodies meet in Council Chambers at City Hall: the Design Review Board on the first Tuesday at 6:30 p.m., the Board of Zoning Appeals on the second Tuesday at 7:00 p.m., the Historic Preservation Commission on the second Wednesday at 6:00 p.m., and the Planning Commission on the third Tuesday at 7:00 p.m., with Mayor and Council holding the final hearing.
The Planning Commission recommends on rezonings, concurrent variances, and conditional use permits. The Board of Zoning Appeals decides hardship variances. Anything other than a detached single-family house passes through Initial and Final Design Review, and exterior work inside the Historic District needs a Certificate of Appropriateness.
- Rezonings, concurrent variances, and conditional use permits
- Hardship variances before the Board of Zoning Appeals
- Design Review Board approvals for commercial and multifamily projects
- Historic Preservation Commission Certificates of Appropriateness
Land use and zoning services in Roswell
From the staff orientation to the courthouse.
The pre-application meeting with staff and the mandatory orientation for development review and Certificate of Appropriateness applicants.
Application, completeness review, the neighborhood meeting, and hearings at Planning Commission and Mayor and Council.
Initial and Final Design Review for every project except detached single-family, sequenced with the rezoning and the Land Disturbance Permit.
Certificates of Appropriateness for exterior changes on Canton Street, Mimosa Boulevard, and the rest of the 640-acre Historic District.
Hardship variances before the Board of Zoning Appeals and concurrent variances alongside a rezoning.
Standing analysis, hearing-record evidence, and superior court challenges within 30 days for neighbors and denied applicants.
Roswell zoning at a glance
From the city's boards and planning pages; confirm the current calendar with the firm.
- Zoning authority
- Community Development Department, 38 Hill Street, Suite G-30, Roswell, GA 30075
- Recommending body
- Planning Commission, 7 members, third Tuesday, 7:00 p.m.
- Deciding body
- Mayor and City Council, final public hearing and decision
- Code
- Roswell Unified Development Code, effective June 1, 2014, with Design Guidelines and the Historic District Regulating Map
- Comprehensive plan
- 2040 Comprehensive Plan adopted October 2021; 2045 Comprehensive Growth Plan transmitted for review, adoption status confirmed by the firm
- Public notice & signs
- Properties under rezoning or CLU review are posted with a large yellow sign; state law requires newspaper notice 15 to 45 days before the hearing
- Neighborhood meeting
- Required step between DRB or HPC review and the Planning Commission hearing
- Typical timeline
- Pre-application meeting, completeness review, DRB or HPC, neighborhood meeting, Planning Commission, Mayor and Council, post-approval design review
- Variances & appeals
- Board of Zoning Appeals, 7 members, second Tuesday, 7:00 p.m.; decisions appealed to Fulton County Superior Court
- Appeal deadline
- 30 days from the written decision, O.C.G.A. § 36-66-5.1
Sources: City of Roswell Boards and Commissions page; City of Roswell Planning and Zoning FAQs; City of Roswell Unified Development Code and Design Guidelines page; City of Roswell Comprehensive Plan page; Roswell Downtown Development Authority rezoning summary; O.C.G.A. § 36-66-4 and § 36-66-5.1
The Roswell rezoning process and what is shaping it in 2026
From the city's planning pages and recent Council actions.
The rezoning process, step by step
Roswell's process runs in seven steps: a pre-application meeting with staff; application submission and completeness review; Design Review Board or Historic Preservation Commission review depending on location; a neighborhood meeting; a Planning Commission public hearing and recommendation on the third Tuesday; the Mayor and Council hearing and decision; and post-approval design review before a Land Disturbance Permit issues. The property carries a large yellow sign throughout. Budget for four public touchpoints, not one.
Variances, conditions, and the Historic District
Hardship variances are decided by the seven-member Board of Zoning Appeals on the second Tuesday, and its decisions are appealed to Fulton County Superior Court. Concurrent variances and conditional use permits travel with a rezoning. Final action on any of them runs with the land and is valid indefinitely, so conditions imposed years ago, including conditions Fulton County imposed before a parcel was annexed into the city, still bind the land. Inside the 640-acre Historic District, exterior changes need a Certificate of Appropriateness, and applicants must complete a staff orientation before filing.
The 2045 plan and the Old Roswell Road denial
Roswell's 2040 Comprehensive Plan and Future Development Map were adopted in October 2021, and the 2045 Comprehensive Growth Plan has been approved for transmittal to the Atlanta Regional Commission and the state. Its employment-center designations are already decisive: on August 10, 2026, Council denied 3 to 2 a rezoning at 0 Old Roswell Road for 62 townhomes because the plan designates the site an employment center. The same meeting backed a $4.75 million Green Street pedestrian project toward Canton Street, and the Hill Street mixed-use project beside City Hall, with 75,000 square feet of commercial space, 143 apartments, and 16 townhomes, received its final approvals in October 2025.
Opposing a project and the 30-day appeal
Neighbors have a formal seat at the neighborhood meeting and both public hearings. To challenge an approval in court, a neighbor needs standing based on special damage and must file within 30 days of the written decision under O.C.G.A. § 36-66-5.1. Legislative rezonings are reviewed de novo, with the challenger required to prove by clear and convincing evidence that the classification is a significant detriment and insubstantially related to the public welfare. Variances and conditional use permits are quasi-judicial and reviewed on the record, so the local hearing is the trial. See our rezoning page for the statewide framework.
A land use practice a short drive from Roswell City Hall
Miles Hansford is based at 1725 Windward Concourse in Alpharetta, a short drive down GA-400 or Highway 9 from 38 Hill Street, and attends the evening meetings where Roswell projects are decided.
The Land Use and Zoning practice, led by partner David Davidson, sits inside a full-service firm. Our land use and zoning team handles the purchase contract, the entity, and the appeal alongside the rezoning itself.
How a Roswell zoning matter moves
Five boards, one calendar.
Feasibility
Current zoning and conditions, the 2045 plan designation, Historic District status, and the realistic path.
Pre-application and filing
The staff meeting, any required orientation, and a complete application that clears review.
Boards and hearings
DRB or HPC, the neighborhood meeting, Planning Commission, and Mayor and Council.
Conditions and follow-through
Negotiated conditions, post-approval design review, the Land Disturbance Permit, and, if needed, the 30-day challenge.
Roswell zoning and rezoning FAQs
How does a rezoning work in Roswell?
Seven steps: a pre-application meeting with staff, application and completeness review, Design Review Board or Historic Preservation Commission review depending on location, a neighborhood meeting, a Planning Commission hearing and recommendation on the third Tuesday, a Mayor and Council hearing and decision, and post-approval design review before a Land Disturbance Permit.
When does the Roswell Planning Commission meet?
The seven-member Planning Commission meets the third Tuesday of each month at 7:00 p.m. in Council Chambers at City Hall, 38 Hill Street, and recommends on rezonings, concurrent variances, and conditional use permits. Mayor and Council then hold the final public hearing and vote.
Do I need Historic Preservation Commission approval on Canton Street?
Exterior changes inside the 640-acre Roswell Historic District, which includes Canton Street and Mimosa Boulevard, require a Certificate of Appropriateness from the Historic Preservation Commission, which meets the second Wednesday at 6:00 p.m. Applicants must complete a staff orientation before submitting.
Which projects go to the Roswell Design Review Board?
Everything except detached single-family homes goes through Initial and Final Design Review before the Design Review Board, which meets the first Tuesday at 6:30 p.m. Design review happens before the rezoning hearings and again after approval, before a Land Disturbance Permit issues.
How do I get a variance in Roswell?
Hardship variances under the Unified Development Code are decided by the seven-member Board of Zoning Appeals, second Tuesday at 7:00 p.m. A variance filed with a rezoning is a concurrent variance heard by the Planning Commission and Council. BZA decisions are appealed to Fulton County Superior Court within 30 days.
Do zoning conditions on my Roswell property expire?
No. The city states that final action on a rezoning, concurrent variance, or conditional use permit runs with the land and is valid indefinitely. That includes conditions imposed by Fulton County before a parcel was annexed into Roswell. Changing a condition requires a new application through the same process.
Why did Roswell deny the Old Roswell Road townhomes?
On August 10, 2026, Council voted 3 to 2 to deny a rezoning for 62 townhomes at 0 Old Roswell Road because the comprehensive plan designates the site an employment center. A project that conflicts with the Future Development Map may need a plan amendment first.
How do I appeal a Roswell zoning decision?
Every challenge must be filed within 30 days of the written decision under O.C.G.A. § 36-66-5.1, in Fulton County Superior Court. The type of decision sets the review: a rezoning is legislative and is heard de novo, with the challenger carrying a clear-and-convincing burden, while a Board of Zoning Appeals variance, a conditional use permit, or a Planning Commission-level quasi-judicial ruling is reviewed on the record by petition for review, so the transcript from City Hall is the case.
Land use and zoning in nearby North Metro jurisdictions
Each neighboring city has its own code and boards.
Talk with a Roswell zoning attorney before the pre-application meeting
Filing, opposing, or appealing, Miles Hansford can tell you quickly what the Unified Development Code and the city's boards require.
Miles Hansford Law Firm
Phone: 770-781-4100
Address:
1725 Windward Concourse, Suite 150
Alpharetta, GA 30005
Consultations: Contact the firm online to get started.
This page is for general informational purposes and is not legal advice. Fees, deadlines, and ordinance provisions change; confirm current requirements with the relevant jurisdiction or with the firm. No attorney-client relationship is created by viewing this content or sending a message through the website.