Zoning is a 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.
Delaware Application to a Zoning Board for Variance From Zoning Restriction: A Delaware Application to a Zoning Board for Variance From Zoning Restriction is a formal request submitted by property owners or developers seeking relief from specific zoning regulations or requirements set forth by the local zoning ordinances in Delaware. A variance is typically requested when strict adherence to the zoning laws would cause undue hardship or prevent reasonable use of the property. The primary aim of this application is to demonstrate to the Zoning Board, also known as the Board of Adjustment, that the requested variance is necessary due to unique circumstances of the property or situation. It is essential to thoroughly present compelling evidence and arguments explaining why the proposed variance would not be detrimental to the community or negatively impact neighboring properties. Applicants are advised to provide a detailed description of the property, including its location, dimensions, and current zoning designation. Additionally, they should outline the specific zoning restriction(s) from which they seek relief, such as setback requirements, height limits, density limitations, or the use of the property. To support their case, applicants may include relevant documents, such as surveys, site plans, architectural drawings, and photographs. These visual aids can help the Zoning Board better understand the existing conditions and potential impacts of the proposed variance. Furthermore, applicants should address the unique circumstances that justify the requested variance. This could include factors such as irregular lot shape, topographical constraints, historic or cultural significance of the property, or economic hardship resulting from the strict application of zoning regulations. Delaware recognizes two main types of variances: use variances and area variances. 1. Use Variance: This type of variance is sought when a property owner wishes to utilize their property for a purpose that is not allowed under the existing zoning regulations. To obtain a use variance, applicants must demonstrate that denial of the variance would result in unnecessary hardship, and that the proposed use will not adversely impact the surrounding properties or the character of the neighborhood. 2. Area Variance: An area variance is requested when a property owner seeks relief from specific dimensional or physical requirements, such as setback distances, building height, lot coverage, or floor area ratio. To grant an area variance, the Zoning Board must be convinced that strict compliance with the zoning laws would create practical difficulties or unnecessary hardships, and that the proposed variance will not impair the public welfare or neighboring property values. In conclusion, a Delaware Application to a Zoning Board for Variance From Zoning Restriction must provide a comprehensive overview of the property, outline the specific zoning restriction(s) in question, present supporting evidence, and justify the need for a variance based on unique circumstances. The application should be thorough and persuasive to effectively communicate the applicant's position to the Zoning Board.
