The Zoning Regulations established hereunder, including the
Official Zoning Map, are in accordance with and are hereby declared
to embody the Comprehensive Plan of the Town of Ashford.
A.
No land, building, structure or premises shall be used and no building,
structure or part thereof shall be erected, altered, enlarged or moved
except in conformity with these regulations. No lot shall be less
in area, depth or width or have smaller yards or setbacks, and no
buildings or structures shall occupy in the aggregate a greater percentage
of the lot area, accommodate a larger number of families, contain
less livable floor area, or be greater in height, than as prescribed
by the regulations applicable to the zone in which such lot, building
or structure is situated. No lot or parcel of land shall be subdivided,
resubdivided or otherwise diminished in area, width or length, nor
shall any yard or required open space be reduced, except in conformity
with these regulations.
(1)
Any
applicant with any existing planning and/or zoning violation(s) on
any parcel or property in the Town of Ashford where that person, firm,
corporation, partnership or association owns an interest may not be
approved for any new applications with regard to said parcel or property
until all violations are thereon corrected (unless the purpose of
the application is to correct or eliminate the existing violation).
(2)
Uses
not specifically listed in these regulations are prohibited, except
for uses lawfully established prior to the effective date of these
regulations (August 1972).
(3)
No
land use shall be established or changed and no building or structure
shall be used, erected, constructed, moved, enlarged, or altered,
in whole or in part, until a zoning permit has been issued by the
Commission or its authorized agent. No building permit shall be issued
without certification in writing from the Zoning Enforcement Officer
that the proposed building, structure or use is in compliance with
the Ashford Zoning Regulations.
B.
No change shall be made in the use of any building, structure or
land unless an application for such change is submitted to the Commission
or the Zoning Enforcement Officer as its designated agent for review
and action.
[Amended 5-10-2021]
Wherever the terms of these regulations require a higher standard
for development or use than is required in any other statute, local
ordinance or regulation, the provisions of these regulations shall
govern. Wherever the provisions of any other statute, ordinance or
regulation require a higher standard for development or use, the provision
of such statute, ordinance or regulation shall govern.
If any section, clause, provision or portion of these regulations
shall be held invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity or constitutionality
of the whole regulation or any section, clause, provision or portion
other than the part so decided to be invalid or unconstitutional.
Nothing in these regulations shall be interpreted as authorization
for or approval of the continuation of the use of land, buildings,
structures or premises in violation of the Zoning Regulations in effect
up to the effective date of these regulations or any amendment thereof.
A.
It is the intent of these regulations that nonconforming uses, structures
and lots not be extended, altered, or enlarged unless authorized by
the Commission in accordance with this section and by special permit,
that they should be changed to conformity as quickly as the fair interest
of the owners permits, and that the existence of any present nonconformity
anywhere in the Town shall not in itself be considered grounds for
the approval of a variance for any other use, building or other structure
or lot.
B.
Any use, building or other structure, lot or site development, or
part thereof, which existed lawfully, by variance or otherwise, on
the date these regulations, or any amendment hereto, became effective
and fails to conform to one or more of the provisions of these regulations,
or such amendment hereto, may be continued subject to the provisions
and limitations of this section.
C.
No lot or land shall be subdivided, sold, encumbered or transferred
so as to make a lot nonconforming or more nonconforming, to make any
use, building or other structure nonconforming or more nonconforming,
to reduce any setback, open space or off-street parking and loading
spaces to less than is required by these regulations or to make any
nonconforming setback, open space or off-street parking or loading
spaces more nonconforming.
D.
Nonconforming uses.
(1)
No use that conforms to these regulations may be changed to a nonconforming
use. A nonconforming use may be changed to a less nonconforming use
by special permit. When a nonconforming use has been changed to a
less nonconforming use by the Commission, the use shall not thereafter
be changed back to the original use. Whenever a nonconforming use
has been changed to a conforming use it shall not thereafter be changed
to a use that does not conform to these regulations.
(2)
No nonconforming use shall be extended or enlarged inside or outside
any building or structure except as otherwise provided herein.
(3)
No nonconforming use of a building or structure may be moved to any
other part of the lot or parcel of land.
(4)
No nonconforming use of land, buildings or other structures which
shall have either ceased or been discontinued for a continuous period
of three years or more with evidence of an intent to abandon shall
be resumed or replaced by any other nonconforming use.
(5)
A building or structure containing a nonconforming use may be altered,
improved, repaired, and/or reconstructed as made necessary by wear
and tear or deterioration, provided the alteration, improvement, repair
and/or reconstruction conforms to these regulations and further provided
the area occupied by the nonconforming use is not enlarged.
E.
Nonconforming buildings or structures.
(1)
No extension or enlargement of any nonconforming building or structure
shall be made which increases the nonconformity of such building or
structure.
(a)
Notwithstanding the foregoing exception, no extension or enlargement
of any building shall be permitted in a designated 100-year floodplain.
(b)
Nonconforming buildings or structures may be enlarged in any
direction that will not increase their nonconformity.
(c)
Nonconforming structures or buildings may be increased in height;
however, there shall be no cantilevers, eaves or other architectural
protrusions into the area of the nonconformity.
(2)
Any nonconforming building or structure which is in structural disrepair
may be torn down and rebuilt to the same dimensions, floor area, cubic
volume, bulk and site location as was existing immediately prior.
(3)
No change of title, possession or right of possession shall be deemed
to affect the right to continue a nonconforming building or other
structure.
(4)
Any nonconforming building or structure which has been destroyed
or damaged by fire, explosion, or act of God or public enemy may be
restored to the same dimensions and floor area existing immediately
prior to such damage or destruction, provided such restoration is
commenced within 12 months after such damage or destruction.
F.
Nonconforming lots.
(1)
Where two or more adjacent nonconforming lots exist in single ownership
at the effective date of these regulations, such lots shall be merged
in such a manner as to conform or more closely conform to the area,
frontage and setback requirements as defined in these regulations.
(2)
Any lot of record which does not meet the requirements of these regulations
as to lot area and/or lot frontage may be utilized for any residential
use permitted in the zone in which such lot is located, provided that
all of the other provisions and requirements of these regulations
are or have been complied with as to such lot, and provided further
that all applicable subdivision regulations of the Town of Ashford
are or have been complied with as to such lot.[1]
A.
Nothing in these regulations or any amendment thereof or in any subsequent
change in zoning classification shall be deemed to require any change
in the plans, construction or designated use of a building, structure
or premises for which a zoning permit, special permit or variance
has been issued prior to the effective date of the relevant regulations,
amendment or change in zoning classification, provided a building
permit is obtained from the Building Official within one year from
such effective date, substantial construction is commenced within
one year of the date of issuance of such building permit, and the
entire building or structure is completed according to the approved
plans within two years from the date of issuance of the building permit.
If any of the foregoing provisions are not complied with, such zoning
permit, special permit or variance shall become null and void.
B.
Notwithstanding the foregoing provisions, no improvements or proposed
improvements shown on a site plan for residential property which has
been approved prior to the effective date of a change in the Zoning
Regulations or zoning classification and filed or recorded with the
office of the Ashford Town Clerk shall be required to conform to such
change.
A.
These regulations shall be enforced and interpreted by the Ashford
Planning and Zoning Commission or its duly appointed Zoning Enforcement
Officer, in such a manner as set forth in § 8-12 and other
applicable sections of the Connecticut General Statutes, as amended,
and in such a manner as set forth in these regulations.
B.
If any building or structure has been erected, constructed, altered,
or maintained, or any building, structure or land has been used, in
violation of these regulations, the Planning and Zoning Commission
or the duly appointed Zoning Enforcement Officer, in addition to other
remedies, may do any or all of the following:
(1)
Institute an action or proceeding to prevent such unlawful erection,
construction, alteration, maintenance or use, or to restrain, correct
or abate such violation, or to prevent the occupancy of such building,
structure or land, or to prevent any illegal act, conduct or use in
or about such premises;
(2)
Cause any building, structure, place or premises to be inspected
and examined and order in writing the remedying of any condition found
to exist therein or thereon in violation of these regulations or,
when the violation involves either grading of land, removal of earth,
or soil erosion and sediment control, issue in writing a cease-and-desist
order to be effective immediately; and
(3)
Revoke any zoning permit or special permit if, after written notice
to the applicant, landowner, or other person conducting such use,
and an opportunity for a hearing, the Commission or the Zoning Enforcement
Officer makes a finding that any condition or other term of the permit
or of these regulations has been violated or has not been complied
with.
