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This online version of the Zoning Ordinance has not been comprehensively checked against the official version. Neither the Town of Wilton nor the Zoning Board can be responsible for the consequences of any action taken on the basis of any errors in the online text. The official text of the Wilton Zoning Ordinance is available in printed form at the Wilton town offices, and as a PDF file on the Town of Wilton web site.

This is the 1998 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 1998, but not any amendments passed in 1999 or later.

17.0 Non-conforming Uses and Buildings

17.1 Non-conforming Uses.
17.2 Sub-standard Lots of Record.
17.3 Special Exceptions.
17.4 Status of Variances and Special Exceptions.

17.1 Non-conforming Uses.

Any non-conforming uses of land or buildings may continue in their present use, except that any non-conforming use or building may not be:

a. changed to another non-conforming use;

b. re-established after discontinuance for one (1) year except to a use conforming to this Ordinance;

c. extended or enlarged as applied to buildings; land removal may not be extended beyond present property lines.

17.2 Sub-standard Lots of Record.

Where a lot of record at the time of the effective date of this Ordinance has less area and/or frontage than herein required in the District in which it is located:

a. The lot may be used for a single family dwelling if permitted in that district subject to New Hampshire Water Supply and Pollution Control Division approval and subject to all district regulations applicable to lots within the district wherein the lot is located with the exception of lot size and/or frontage.

b. The lot may be used for any non-residential use permitted in the district in which it is located in compliance with maximum density requirements, setbacks, and New Hampshire DES Water Supply and Pollution Control Division regulations.

17.3 Special Exceptions.

The Zoning Board of Adjustment may grant a special exception for reduced set backs in situations where the dimensions of the non-conforming lot would otherwise prevent compliance with the setback requirements of the underlying district and the proposed development is in keeping with the existing development of the neighborhood. (See also Section 4.4.)

17.4 Status of Variances and Special Exceptions. (Amended March 1992.)

A building or use permitted by a variance or special exception granted by the Zoning Board of Adjustment shall have the same status as a non-conforming building or use, and shall be subject to the restrictions of this section.

Furthermore, if construction has not begun or the use has not commenced within two (2) years of the granting of the variance or special exception, or March 10, 1992, whichever is later, then the variance or special exception shall expire. All rights conferred by a variance or special exception shall be void upon expiration. Upon application, extensions of time in which to exercise the rights accorded by the variance or special exception may be granted by the Zoning Board of Adjustment for good cause shown beyond the reasonable control or contemplation of the applicant and not prejudicial to the intent and spirit of the Zoning Ordinance. If the variance or special exception is not exercised within the time period provided, then the application shall be deemed withdrawn without prejudice upon the expiration of the time period.