Fillable Board of Adjustment Application Sussex County, Delaware (Sussex County Council)

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Board of Adjustment Application Sussex County, Delaware (Sussex County Council)

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The Board of Adjustment Application Sussex County, Delaware (Sussex County Council) form is 4 pages long and contains:

  • 2 signatures
  • 14 check-boxes
  • 36 other fields

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File type: PDF

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Case # ___________
Hearing Date ________
Board of Adjustment Application
Sussex County, Delaware
Sussex County Planning & Zoning Department
2 The Circle (P.O. Box 417) Georgetown, DE 19947
302-855-7878 ph. 302-854-5079 fax
Type of Application: (please check all applicable)
Variance
Special Use Exception
Administrative Variance
Appeal
Site Address of Variance/Special Use Exception:
Variance/Special Use Exception/Appeal Requested:
Tax Map #: Property Zoning:
Applicant Information
Applicant Name:
Applicant Address:
City State Zip:
Applicant Phone #: Applicant e-mail:
Owner Information
Owner Name:
Owner Address:
City State Zip: Purchase Date:
Owner Phone #: Owner e-mail:
Agent/Attorney Information
Agent/Attorney Name:
Agent/Attorney Address:
City State Zip:
Agent/Attorney Phone #: Agent/Attorney e-mail:
Signature of Owner/Agent/Attorney
Date:
Existing Condition
Proposed
Code Reference (office use only)
_____________________________
_____________________________
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Sussex County, DE - BOA Application
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Last updated 3/17/2015
Criteria for a Variance: (Please provide a written statement regarding each criteria).
You shall demonstrate to the Board of Adjustment that the property meets all of the following criteria for
a Variance to be granted.
In granting any variance the Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of the Zoning Ordinance or Code. The Board is empowered in
no case, however, to grant a variance in the use of land or structures thereon.
1. Uniqueness of property:
That there are unique physical circumstances or conditions, including irregularity, narrowness,
or shallowness of lot size or shape, or exceptional topographical or other physical conditions
peculiar to the particular property and that the exceptional practical difficulty is due to such
conditions and not to circumstances or conditions generally created by the provisions of the
Zoning Ordinance or Code in the neighborhood or district in which the property is located.
2. Cannot otherwise be developed:
That because of such physical circumstances or conditions, there is no possibility that the
property can be developed in strict conformity with the provisions of the Zoning Ordinance or
Code and that the authorization of a variance is therefore necessary to enable the reasonable
use of the property.
3. Not created by the applicant:
That such exceptional practical difficulty has not been created by the appellant.
4. Will not alter the essential character of the neighborhood:
That the variance, if authorized, will not alter the essential character of the neighborhood or
district in which the property is located and nor substantially or permanently impair the
appropriate use of development of adjacent property, nor be detrimental to the public welfare.
5. Minimum variance:
That the variance, if authorized, will represent the minimum variance that will afford relief and
will represent the least modification possible of the regulation in issue.
Sussex County, DE - BOA Application
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Last updated 3/17/2015
Criteria for a Special Use Exception: (Please provide a written statement regarding each
criteria)
You shall demonstrate to the Board of Adjustment that the property meets all of the following
criteria for a Special Use Exception to be granted.
1. Such exception will not substantially affect adversely the uses of adjacent and neighboring
property.
2. Any other requirements which apply to a specific type of special use exception as required by
the Sussex County Code. (Ex. Time limitations – 5 year maximum)
Basis for Appeal: (Please provide a written statement regarding reason for appeal)
Sussex County, DE - BOA Application
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Last updated 3/17/2015
Check List for Applications
The following shall be submitted with the application
Completed Application
Provide a survey of the property (Variance)
o Survey shall show the location of building(s), building setbacks, stairs, deck, etc.
o Survey shall show distances from property lines to buildings, stairs, deck, etc.
o Survey shall be signed and sealed by a Licensed Surveyor.
Provide a Site Plan or survey of the property (Special Use Exception)
Provide Fee $400.00
Provide written response to criteria for Variance or Special Use Exception (may be on a
separate document if not enough room on the form)
Copy of Receipt (staff)
Optional - Additional information for the Board to consider (ex. photos, letters from
neighbors, etc.)
Please be aware that Public Notice will be sent to property owners within 200 feet of the
subject site and County staff will come out to the subject site, take photos and place a sign
on the site stating the date and time of the Public Hearing for the application.
*Please be advised that the decision of the Board of Adjustment is only final when the written decision
is filed with the Board’s secretary. To determine whether the written decision has been filed, you may
call the Planning & Zoning Department at 302-855-7878. The written decision is generally completed
within thirty (30) to sixty (60) days following the Board’s vote on the application or appeal. Please
include the case number when calling about the decision.
*Please be advised that any action taken in reliance of the Board’s decision prior to the filing of the
written decision and the expiration of any applicable appeal period is taken at the Property Owner’s
Risk.
The undersigned acknowledges that that he or she has read the application completely and that if the
appellant / applicant is unable to convince the Board that the standards for granting relief have been
met, the appeal / application will be denied.
Signature of Owner/Agent/Attorney
Date:
For office use only:
Date Submitted: ___________________ Fee: $400.00 Check #: _____________________
Staff accepting application: ____________________ Application & Case #:_________________________________
Location of property: ____________________________________________________________________________
_____________________________________________________________________________________________
Subdivision: ___________________________ Lot#: ___________ Block#: _____________________
Date of Hearing: ______________________ Decision of Board: ____________________________
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Board of Adjustment Application Sussex County, Delaware (Sussex County Council)

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Completed 18 July 2020

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