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Board of Adjustment Application

  1. City Seal
  2. Type of Application *

    Select one

  3. Fee - $1,250
  4. If applicant has other representation, the following information is required.  

  5. Instructions

    Please describe how the application satisfies each of the following criterion identified in Section 197-92(B) of the Zoning Code.  There is an opportunity to upload additional information including: photos, surveys, drawings, etc. at the bottom of this form.    

    Below the box is the description of the criteria.  A complete variance submission shall have all criteria and additional considerations sections completed.  

  6. The variance relates to a specific parcel of lands, and the hardship is not shared generally by other properties in the same zoning district and vicinity. 

  7. The variance can be granted without substantial detriment to the public good.

  8. The benefits from granting the variance would substantially outweigh any detriment.

  9. Approval of the variance would not substantially impair the intent and purposes of the Comprehensive Plan or this chapter.

  10. Please describe how the following criterion from Section 197-92(C) of the Zoning Code support the application. 

    • Nature of the zone where the property lies.
    • Character of the immediate vicinity.
    • Whether the restrictions, if lifted, would affect neighboring properties and uses.
    • Whether the restriction would tend to create a hardship on the owner in relation to normal improvements.  

    D. Additional Standards

    1. Use variances not authorized. These provisions governing variances shall not be construed to permit the Board of Adjustment, under the guise of a variance, to authorize a use of land not otherwise permitted in this chapter. 
    2. Nonconforming situations not grounds for variance. Nonconforming lots, structures, uses, or signs shall not be considered grounds for granting variances

  11. Other

    If you are submitting for a Special Exception, Appeal or Beneficial Use Appeal the following criteria shall be completed.  

    If not applicable please type N/A in the field.  

    • Is in harmony with the purposes and intent of the Comprehensive Plan.
    • Will be in harmony with the general character of its neighborhood considering density, design, bulk, and scale of proposed new structures.
    • Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties.
    • Will not cause objectionable noise, vibrations, fumes, odors, dust, glare, or physical activity.
    • Will have no detrimental effect on vehicular or pedestrian traffic.
    • Will not adversely affect the health, safety,  security, or general welfare of residents, visitors, or workers in the area.
    • Complies with all other applicable standards, laws, and regulations in addition to the provisions of this chapter.
    • Meets all other additional requirements for certain special exceptions.  
  12. Describe the Beneficial Use Appeal or Appeal of a determination by the Building Official/City Planner and provide reasons for approval of request.  Please include the Zoning Code Section being appealed.  

  13. Please identify any additional approvals that will be sought from the Mayor and City Council or any other board or commissions of the city of Lewes. 

  14. Electronic Signature Agreement*

    By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, 3) you may still be required to provide a traditional signature at a later date and 4) All information and representations contained herein are true and correct to the best of your knowledge.  

  15. Please combine all documents into 1 PDF to upload.  If you need to submit additional documents please email or or

  16. Payment Information - $1,250

    Please call the City to submit your payment via credit card or drop off a check to City Hall at 114 E. Third St.  

  17. Questions/Assistance

    If you have questions or need assistance please contact the Planning & Building Department.  302-645-7777 ext. 120 or ext 110.

  18. Leave This Blank:

  19. This field is not part of the form submission.