Town of Wilton, NH

Zoning Board of Adjustment

How to Apply to the ZBA

Since you’ve reached this page, you probably already know that you need to submit an application to the Wilton Zoning Board, and now you are looking for details. If you aren’t at that stage yet, you might want to start with the About Zoning and the ZBA page.

If you still need help after reading this page, you should call or visit the Town Land Use Administrator.

Preliminaries

Kinds of Applications

Common Applications

The great majority of applications to the Zoning Board are made because you want to do something and need Zoning Board approval for it. There are four such applications:

Variance
A variance waives or modifies a requirement of the Ordinance which would be unreasonable due to special conditions of the property.
Special Exception
A special exception is a use which is allowed by the Ordinance, provided that the Zoning Board finds that the proposal satisfies a list of requirements.
Equitable Waiver
An equitable waiver is a “no harm, no foul”
Administrative Appeal
  1. If you need permission from the Zoning Board to do something, use the Application to the Zoning Board of Adjustment form. (180KB PDF file) Instructions Form
    To appeal a decision that allows someone else to do something that you don’t think they should be allowed to do, use the Third-Party Appeal of Administrative Decision form (144KB PDF file). Instructions Form
    To ask the Zoning Board to reconsider a decision that it has made (a necessary step before appealing the decision in court) use the Request for Rehearing form. (132KB PDF file) Instructions Form
  2. Prepare a complete list of abutters and holders of conservation, preservation, or agricultural preservation restrictions.
  3. The application fee is $100, plus an additional $6 for each name on the abutter list.

Application Deadline

The Zoning Board usually meets on the second Tuesday of every month, and the deadline for applications is usually the last Tuesday of the preceeding month. Both of these are subject to change, so check the actual deadline on the web site or in the Town Office.

If your complete application, including the application form with all required information, the abutter list, and the application fee, is in the Town Office by the deadline, then your case will be scheduled for a hearing at the next Zoning Board meeting. If not, it will be delayed to the next month.

If you submit your application a week before the deadline, we will attempt to review it and give you a chance to correct any errors or omissions before the deadline.

After You Apply

  1. Your case will be placed on the agenda for the next ZBA meeting. A public notice of the hearing will be posted, printed in a newspaper, and mailed to the property owner and the abutters.
  2. At the public hearing, you, or any agent or counsel of your choice, will be asked to describe your proposed use and why you believe your application should be approved; and any abutters and other interested parties who may be present will be allowed (in person, or by agent or counsel) to present evidence and speak for or against your application.
  3. Following the public hearing, the ZBA will make a decision on your application. You and any other parties to the case will be sent a notice of the Board's decision.
  4. You, the selectmen, or any party directly affected by the decision may appeal a decision of the ZBA. A request for a rehearing of a ZBA decision must be filed in writing in the Town Office no later than twenty-nine days after the date on which the decision was made, and must fully specify all grounds on which the rehearing is requested.