South Dakota 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 South Dakota Affidavit of Ownership is a legal document that must be attached to an application submitted to a Zoning Board for a variance from zoning restrictions in South Dakota. This affidavit serves as proof of ownership for the property in question and provides important information relevant to the variance request. By completing this document accurately and thoroughly, property owners can strengthen their case for obtaining a variance. By including specific keywords and information in the affidavit, applicants can ensure that their request aligns with the Zoning Board's requirements and regulations. Some key details typically included in the South Dakota Affidavit of Ownership may include: 1. Property Ownership Information: The affidavit should state the full legal name(s) of the current owner(s) of the property seeking the variance. It should specify whether the property is privately owned or owned by an organization or company. 2. Property Description: A detailed description of the property should be provided, including the property's address, legal description, and parcel identification number (also known as a PIN). 3. Zoning Restrictions: It is crucial to outline the zoning restrictions that are applicable to the property in question. The affidavit should provide information on the specific zoning district, the type of restriction being violated, and how the requested variance aims to address or mitigate these violations. 4. Justification for Variance: Applicants must clearly state the reasons why they are seeking a variance from the zoning restrictions. This includes explaining the circumstances that necessitate the variance, the potential hardships faced by adhering to the current regulations, and the proposed alternative solution that the variance would provide. 5. Supporting Documents: In addition to the affidavit, applicants may need to provide supporting documents to strengthen their case. These could include land surveys, architectural plans, photographs, or any other relevant records. While there may not be different types of South Dakota Affidavit of Ownership specifically meant for zoning variance applications, it's important to note that the content and information within the affidavit should be tailored to the specific circumstances of each property seeking a variance. Therefore, the details provided above encompass the essential elements commonly included in a South Dakota Affidavit of Ownership attached to an application for a variance from zoning restrictions.

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What is a Variance? 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."

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.

Variance. An exception to the strict application of a zoning ordinance to permit a use that is not permitted otherwise.

The primary difference between a variance and a special exception is that a variance grants a property owner the ability to use his or her property in a manner that is completely against local regulations, while a special exception is a circumstance that local governments specifically recognize before drafting a law, ...

A variance allows you to deviate in some way from he requirements of the Zoning Ordinance. You may request a variance if certain physical conditions of your property (e.g. size, shape, topography, location, or surroundings) make it impossible or unreasonable for you to strictly comply with the Zoning Ordinance.

A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in § 11-2-17.3.

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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 ... In order to apply for a variance, the applicant must complete an application form. (attached), pay the required $250 non-refundable application fee and provide ...A property owner may apply to the Board of Adjustment for a variance. A fee ... Once the application is complete, the recommendation shall be provided to the ... All public officials shall, upon request, furnish to the county planning commission ... The accuracy of the survey and map shall be verified by the affidavit of ... After written denial of a building permit from the governing board, a property owner may make application to the board of adjustment for a variance. The board ... NOTE: Approval of a Variance by the. Zoning Board of Adjustment does not constitute approval of a building permit application. A building permit must still be. As an exhibit accompanying the application for amendment to the zoning map, the owner shall provide a detailed site plan and such other sketches, diagrams ... The notice shall state the date the Board of Adjustment will review and consider the variance application. The Planning Department shall create a staff ... in pursuit of a PUD application and that such owner(s) shall agree to be bound by the decision of the County Commission in the event such application is ... application for a Variance, the Facility Owner and/or property owner will coordinate with the Director of Community. Development and City of Box Elder Common ...

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