The Affidavit of Ownership is a legal document that certifies the ownership of a specific property. This form is necessary when applying to a zoning board for a variance, which allows an exception to existing zoning restrictions. By providing proof of ownership, this affidavit supports your application and clarifies your rights regarding the property in question. Unlike general property ownership forms, this affidavit is specifically tailored for zoning regulations and variance requests.
You should use this form when you are submitting an application for a zoning variance to your local zoning board. A variance may be necessary if you plan to use your property in a way that does not fully comply with current zoning laws. Situations may include seeking permission for unique land usage, adjustments to lot sizes, or modifications of building height restrictions.
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In contrast, an applicant for a special use permit does not have to show hardship. Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to break the law.
Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property. Each municipality has rules for variance requests.
So in the simplest terms, a variance is an exception to the existing zoning, whereas a nonconforming use (also known as a grandfather clause) arises when there is a change to the zoning, but an existing use is still permitted to continue.
Some examples of area variances might include: A request to put a fence up along your property line. A request to build a property closer than normally permitted to a roadway. A request to build a structure higher than usually permitted by the local zoning ordinance.
What's the difference between a special use permit and a variance? A variance allows a deviation from the requirements of the zoning ordinance; a special use permit allows a use not ordinarily allowed in the zone.
- area variance - allows modification of height, location, setback, size, or similar requirements for a use that is permitted in the zone. - use variance - allows a use that would normally be prohibited in the zone.
Present a (real) hardship. Be Respectful. Be Prepared. Create exhibits. Practice your argument. Review with the ZEO.
The entire process typically takes 45 to 50 days to complete. The Planning Commission reserves the right to continue your application should it be deemed necessary. WHAT HAPPENS AFTER MY VARIANCE REQUEST HAS BEEN APPROVED OR DENIED?
In contrast, an applicant for a special use permit does not have to show hardship. Instead, the focus is on simply showing that the proposed use meets the conditions already contained in the ordinance, whereas a variance is, in essence, permission to break the law.