The Planning & Zoning Department

Zoning Board of Adjustment Applications

Before appearing before the Amherst Zoning Board of Adjustment for one of the four types of problems that the Amherst ZBA may address, an application form must be completed and submittted to the Planning and Zoning Office, accompanied by the answers to the appropriate set of questions below:

• For a Special Exception request please answer (explain in detail) the following questions, and submit the Special Exception Form:
  1. Is the use allowed in the Zoning Ordinance?
  2. Is the property in conformance with the dimensional requirements of the zone and is the use compatible with the Amherst Master Plan?
  3. Is there safe vehicular and pedestrian access?
  4. Will there be no significant adverse impacts resulting from the proposed use on safety and general welfare of the neighborhood and the Town?
  5. Will the use be more objectionable to nearby properties by reason of noise, fumes, or inappropriate lighting than is existing now?
  6. Does the plan submitted accurately depict the use?
  7. Will the use affect the ground water?
• For a Variance request please answer (explain in detail on a separate sheet) the following questions, and submit the Variance Form:
  1. How will granting the Variance be in the public interest?
  2. Is the Variance consistent with the spirit of the ordinance?
  3. Will the value of the surrounding properties be diminished?
  4. Will substantial justice be done?
  5. Are there special conditions that exist such that literal enforcement of the ordinance results in unnecessary hardship? Answer questions under “A” for a USE Variance, and under “B” for an AREA Variance:
     1. 1. Does the Zoning restriction as applied interfere with the applicant’s reasonable use of the property considering its unique setting?
        2. Is there a substantial relationship between the general purpose of the ordinance and the specific restriction on the property?
        3. Will the Variance injure the public or private rights of others?
     2. 1. Is an area Variance needed to enable the applicant’s proposed use of the property given the special conditions of the property?
        2. Can the benefit sought by the applicant be achieved by some other method reasonably feasible for the applicant to pursue other than an Area Variance?
• For an Equitable Waiver request please answer (explain in detail on a separate sheet) the following questions, and submit the Equitable Waver Form. Has the violation existed for more than 10 years? – If the answer is NO, answer questions 1, 2, 3, and 4. If the answer is YES, answer questions 3 and 4.
  1. Was the violation noticed after the structure was substantially completed?
  2. Was the violation the outcome of ignorance of the law, failure to inquire, obfuscation, misrepresentation, or bad faith by the owner or the owner’s agent?
  3. Is the violation a public or private nuisance or diminish the value of property in the area or interfere with the future uses of such property?
  4. Why would it be inequitable to require that the violation be corrected?
• For an Administrative Appeal request please answer (explain in detail on a separate sheet) the following question, and submit the Administrative Appeal Form:
  
  Explain why there was an error in the interpretation of the Amherst Zoning Ordinance made by the Administrative Official in the order, requirement, decision, or determination made by said Administrative Official?