Amherst, NY Accessory Structures: ADU Owner Occupancy (2026)

L. No. 13-2023, ties every accessory dwelling unit approval to owner occupancy. The property owner must certify that either the principal dwelling or the accessory dwelling unit is their principal place of residence and legal domicile, meaning an investor cannot rent out both units while living elsewhere. The same subsection requires that the principal structure and the accessory dwelling unit remain in common ownership, so the ADU cannot be sold off as a separate parcel or condominium-style unit even though it has its own entrance.

Compliance is checked at the permit stage and again at renewal: the Special Use Permit for an ADU is valid for up to two years, and under § 6-8-2C the Building Commissioner may renew it only on satisfactory proof of continued compliance with § 6-8-2's standards, including the occupancy certification. The Building Commissioner can deny a renewal outright if the owner falsifies the certification of legal residence, and a denied renewal forces the owner back to the Zoning Board of Appeals under § 8-6 for a brand-new Special Use Permit rather than a routine extension.

Selling the property also breaks the chain: the original permit or any renewal is not transferable, so a new owner must obtain fresh ZBA approval before continuing to operate the existing ADU.