Ashford City Zoning Code
ARTICLE II
General Provisions
§ 300-4 Comprehensive Plan.
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.
§ 300-5 General regulations.
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.
§ 300-6 Construction of language.
§ 300-7 Higher standards to govern.
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.
§ 300-8 Severability.
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.
§ 300-9 Illegal use.
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.
§ 300-10 Nonconforming uses, structures and lots.
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]
§ 300-11 Effect on existing zoning permit, special permit or variance.
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.
§ 300-12 Enforcement.
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.