New Hampshire 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.

The New Hampshire Affidavit of Ownership is a crucial document that must be attached to an Application submitted to a Zoning Board for Variance from Zoning Restrictions in the state of New Hampshire. This affidavit serves as a legally binding statement, providing detailed information about the property ownership and the applicant's authority to request a variance. When submitting an Application for Variance to a Zoning Board in New Hampshire, it is essential to include the appropriate version of the Affidavit of Ownership. While there may not be specific types of affidavits designated for different situations, the content and details included in the affidavit will vary depending on the nature of the ownership. Here is a detailed description of what the New Hampshire Affidavit of Ownership should include: 1. Heading and Identifying Information: The affidavit should have a suitable heading, which typically mentions "Affidavit of Ownership" and includes the applicant's full legal name, address, and contact details. It should also state the name of the property owner and provide their contact information if different from the applicant. 2. Property Description: Provide a comprehensive and accurate description of the property subject to the zoning restrictions. This includes the complete address, parcel number, lot number, and any other relevant identifying details. 3. Ownership Details: Clearly state the legal owner(s) of the property and their relationship to the applicant, if applicable. This should include the full legal names, addresses, and contact information of all owners. Specify whether the property is owned individually or jointly, and indicate any co-ownership arrangements. 4. Authority to Apply for Variance: Explain in detail why the applicant has the authority to apply for a variance on behalf of the property owner(s). This may involve providing information about a power of attorney, trustee arrangement, or other legal agreements granting the applicant the right to act on behalf of the owners. 5. Verification of Ownership: Include a statement affirming that the information provided in the Affidavit of Ownership is true and accurate to the best of the applicant's knowledge. This could be worded as a standard affirmation, such as "I hereby declare under penalty of perjury that the foregoing is true and correct" followed by the applicant's signature, printed name, and date. Remember, it is crucial to abide by the specific requirements outlined by the New Hampshire Zoning Board when drafting the Affidavit of Ownership. Provide any additional documentation or supporting evidence requested in the application instructions, as different boards may have specific variations in the requirements. By ensuring that the Affidavit of Ownership is correctly completed and attached to the Application for a Variance, individuals can demonstrate their legal rights to request a deviation from the existing zoning restrictions in New Hampshire.

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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.

?When there are unusual conditions or an alternative design, the owner has the option of submitting a Petition for Variance to propose an alternate method of achieving the code intent. Anything in an administrative code can be petitioned, except for those items that are part of a state statute.

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.

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.

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.

"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."

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.

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.

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