[Amended 11-7-2002]
The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform with the provisions of this chapter. Normal
maintenance, repairs and alterations incidental to a building or other
structure containing a nonconforming use are permitted, provided that
they do not extend the area or volume of space occupied by the nonconforming
use.
When any presently nonconforming use of land
or buildings has been discontinued for two years, the land and buildings
shall thereafter be used only in conformity with this chapter.
Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be altered to a conforming use.
Notwithstanding any other provisions of this
chapter, a nonconforming automobile wrecking yard or junkyard in existence
at the date of enactment of this chapter shall, at the expiration
of three years from such date, become a prohibited and unlawful use
and shall be discontinued, except that a motor vehicle and machinery
junkyard may continue as a nonconforming use if within that period
it is maintained in accordance with the standards set and enforced
by the State of New York and those required by the Town Board and
herein indicated within this chapter.
[Amended 11-7-2002; 11-2-2023; 4-4-2024]
A.
Any nonconforming use may be expanded, subject to
the approval of the Planning Board after a public hearing. Application
fees shall apply to all expansion requests. The Planning Board may
require site plan review and approval.
B.
Maximum allowable expansion for nonconforming use
shall be:
(1)
Nonresidential: 50% of the area of the use existing
on May 6, 1974, so long as such expansion does not result in additional
nonconforming use. Adequate proof of square footage that existed in
1974 shall be the property owner's responsibility, subject to verification
of the Town of Wilton.
(2)
Residential: 100% of the area of the use existing
on May 6, 1974, so long as such expansion does not result in additional
nonconforming use. Adequate proof of square footage shall be the property
owner's responsibility, subject to verification of the Town of Wilton.
Any building damaged by fire or other causes
may be repaired or rebuilt for the same, but not a different, nonconforming
use, provided that said construction is initiated within one year
and is completed within two years from the date of damage and does
not exceed its original dimensions.
