Delaware Petition to Board of Zoning Appeals in Support of Application for a Variance

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Description

Zoning is a government-imposed restriction 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 of a petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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FAQ

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

An appeal must be filed within forty-five (45) calendar days of the date of the letter of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been established, or directly with the State Building Code Appeals Board.

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.

How can I appeal? Appeals may be made to Superior Court (and in some cases Land Courts). For subdivision, site plan and special permit decisions, there is a 20-day appeal period ( from the date the decision is filed with the Town Clerk).

What if I am dissatisfied with a decision made by the zoning board of appeals? You may take an appeal to the superior court, the district court or the land court of Massachusetts. That appeal must be filed within twenty (20) days of the date that the decision you are appealing is filed with the city or town clerk.

20 full days must pass once the decision has been filed with the Town Clerk. This allows abutters to view the decision and file an Appeal in Court & bring a copy of the Appeal to the Town Clerk's office. Therefore letters are not available until the 21st day after the decision is filed.

Appealing cases from Land Court File a notice of appeal in the Land Court Recorder's Office. For almost all cases, this should be filed within 30 days of entry of the judgment on the docket. For almost all cases, the appeal is to the Massachusetts Appeals Court.

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Delaware Petition to Board of Zoning Appeals in Support of Application for a Variance