Delaware Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction

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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.

A Delaware Affidavit of Ownership is a legal document that must be attached to an application submitted to a Zoning Board for a Variance from a Zoning Restriction. This affidavit serves as proof of ownership and provides essential information about the property in question for the board to consider. The Delaware Affidavit of Ownership typically includes the following details: 1. Property Information: The affidavit contains the full legal description of the property, including its address, parcel number, and the boundaries of the land. It may also include information about any structures or improvements on the property. 2. Ownership Details: The document states the current owner's name(s), residential address, and contact information. If there are multiple owners, each one must be listed along with their respective percentage of ownership. Additionally, the affidavit may require the owner to disclose if they hold any additional properties in the area. 3. Title Information: This section provides information about the property's title. It includes details such as the date of acquisition, the method of transfer, and the deed or instrument book and page number where the title is recorded. 4. Encumbrances and Liens: The affidavit may require the owner to disclose any existing encumbrances or liens on the property, such as mortgages, easements, or restrictive covenants. This information is crucial for the Zoning Board to evaluate the potential impacts on the proposed variance. 5. Statements and Certifications: The affidavit usually includes statements and certifications made by the owner, affirming that they are the lawful owner of the property and that the information provided is accurate and complete to the best of their knowledge. These statements may be accompanied by the owner's signature, notarization, and the date of execution. It's important to note that there are various types of Delaware Affidavits of Ownership that may be required when applying for a Variance from a Zoning Restriction. These variations depend on the specific municipality and its zoning regulations. For instance, there might be separate affidavits for residential, commercial, or industrial properties. Some municipalities may require additional affidavits for specific types of variances, such as setback or use variances. To ensure compliance, it is essential to review the local zoning regulations and seek guidance from the appropriate authorities or legal professionals when preparing an application and attaching the Affidavit of Ownership. By providing accurate and detailed information through the affidavit, property owners increase their chances of obtaining the desired variance from the Zoning Board.

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What does variance mean in zoning? A variance is a specific waiver a property owner can use to make changes to their land that otherwise would go against local zoning ordinances.

Examples of zoning variances Engaging in construction or some other alteration so that the building or property qualifies for a new zoning classification, like modifying a single-family home to be a duplex. Intent to change the use of an existing property or building, like turning a house into an antiques store.

A variance is a request to deviate from current Zoning Bylaw requirements. If granted, a variance essentially waives a specific requirement of the Zoning Bylaw. For example, if a property owner wants to locate a structure closer to a lot line than the Zoning Bylaw allows, a variance would be required.

A real estate variance is an exception to local zoning regulations that allows homeowners or investors to either develop or use their real estate in ways that are normally not allowed. A variance in real estate must be requested from local zoning boards and are only awarded on a case-by-case basis.

It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance. Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property.

A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.

"Area variance' shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations."

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Required affidavit granting permission to apply must be attached if record owner is other than the applicant. Said affidavit is on page 5 of the application. I certify that the information and exhibits submitted are true and correct to the best of my knowledge. Pursuant to said authority, I hereby permit Town of ...The Department shall enforce compliance with the county subdivision and zoning code and regulations thereunder, subject to determinations made by the Board of ... Aug 7, 2023 — Request for a variance from the terms of the Delaware County Comprehensive Zoning Ordinance,. Article XII, Section 5, for a 16' side setback ... Oct 2, 2006 — ... filling out the appropriate Planning Commission affidavit(s). ... As the owner(s) of the land covered by the Planning Commission Affidavit,. ... zoning certificate or conditional use permit that complies with the Board's decision. A copy of the Board's decision shall be attached to the application. So that the planning board knows that you have “served” your neighbors, you must complete and sign the Affidavit of Service (MLPB0008). This affidavit must be ... Aug 25, 2023 — he/she is authorized to and does take this affidavit on behalf of the owner, and that the foregoing facts are true and correct. Any new proposed construction for which a zoning certificate is issued shall have been started within six (6) months of issuance of said permit and the ground ... In considering an application for a variance, the Board of Zoning Appeals shall observe the spirit of this Resolution and weigh the competing interests of ...

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Delaware Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction