Zoning involves government-imposed restrictions on the use that may be made of land. For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.
This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Delaware Detailed Application to a Zoning Board For Variance From Zoning Restriction is an official document submitted to a local zoning board in Delaware to request a variance from specific zoning regulations. This application provides comprehensive details about the existing property and proposed modifications, along with a plot plan demonstrating block and lot numbers and showcasing both existing and proposed structures. The purpose of this application is to seek permission from the zoning board to deviate from the existing zoning restrictions imposed on the property. Variance requests are typically made when the owner or developer intends to construct or modify a structure that doesn't comply with the current zoning regulations, such as setback requirements, height restrictions, or lot coverage limits. To create a robust Delaware Detailed Application to a Zoning Board For Variance From Zoning Restriction with a Plot Plan Showing Block and Lot Numbers and Existing as well as Proposed Structures, consider including the following sections: 1. Applicant Information: This section should include the name, address, contact information, and legal description of the property owner or applicant. It is essential to provide accurate and up-to-date contact details for effective communication. 2. Zoning Regulation Being Varied: Clearly state the specific zoning regulation(s) from which a variance is being sought. This could include setbacks, height restrictions, lot coverage, use restrictions, parking requirements, or any other relevant zoning ordinance. 3. Reason for Variance Request: Describe in detail the reasons for requesting a variance from the zoning restriction(s). Include a persuasive argument explaining how the proposed modifications would not substantially impact the neighborhood character, public health, safety, or general welfare. Provide any supporting evidence, such as expert opinions or studies, to strengthen the argument. 4. Description of Existing Structures: Provide a comprehensive description of the existing structures on the property. Include information such as dimensions, number of floors, materials used, current use, and any other relevant details. 5. Proposed Structures and Modifications: Present a detailed plan of the proposed modifications or new structures. Include architectural drawings, renderings, or sketches that clearly illustrate the scale, dimensions, and design of the proposed changes or additions. This section should also describe how the proposed modifications align with the intended use of the property. 6. Plot Plan: Include a plot plan showing the block and lot numbers of the property and its surrounding area. The plan should indicate the location and dimensions of existing structures, setbacks, property lines, and any proposed changes. Accurate measurements and scale representation are crucial for the zoning board's understanding of the project. 7. Impact Analysis: Assess the potential impact of the proposed modifications on the neighborhood and surrounding properties. Consider how the variance might affect traffic patterns, parking availability, noise levels, visual aesthetics, or property values. Address any potential concerns and demonstrate measures taken to minimize negative impacts. 8. Justification for Granting Variance: Clearly articulate why granting the variance would benefit the property owner, the neighborhood, and the community as a whole. Emphasize any unique or challenging circumstances related to the property that justify the requested variance. 9. Attachments: Attach any additional supporting documents, such as photographs, expert reports, studies, surveys, or testimonies, that substantiate the information and arguments presented in the application. Variations of this application may exist based on specific local requirements or project details. It is essential to consult the Delaware zoning regulations and the local zoning board to ensure compliance and accurate completion of the application.
