[Amended effective 7-25-1955; effective 9-13-1955; effective 11-10-1966; effective 12-11-1975; effective 7-15-1976; effective 5-16-1980; effective 9-13-1985; effective 6-12-1987; effective 2-12-1988; effective 6-29-1990; effective 6-27-2003]
A. Purpose and intent. It is the purpose of this zone to ensure that
the unique character of this district is maintained for future generations
in accordance with Connecticut General Statutes Section 8-2j, Village
Districts, and to provide areas primarily for offices and other compatible
uses which will meet existing and future needs within the city and
which will constitute a harmonious and appropriate part of the physical
development of the city. The provisions of this zone are intended
to preserve and enhance the character of the East Avenue Village District
by encouraging the preservation of sites and buildings of unique historical
and architectural value and assuring that new structures and uses
will be in keeping with the established character of the area, thereby
strengthening the economy of the city and promoting the education,
pleasure and welfare of its people.
B. Uses and structures.
(1)
Principal uses and structures. In the East Avenue Village District,
premises shall be used and buildings shall be erected which are used,
designed or intended to be used for one or more of the following uses
and no others:
(a)
Single-family detached dwelling.
(b)
Two-family detached dwelling.
(c)
Office buildings having a gross floor area of less than six
thousand (6,000) square feet and used for municipal offices, for business
and professional establishments which involve no retail sales, including
medical offices, and for solely the office function of a taxi or limousine
establishment; no on-site storage or parking of vehicles used by the
establishment or storage of equipment or materials shall be permitted.
[Amended effective 9-25-2009; effective 10-28-2011]
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article
140, §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a)
Office buildings having a gross floor area of 6,000 square feet
or more for municipal offices and for business and professional establishments
which involve no retail sales, including medical offices.
[Amended effective 9-25-2009]
(b)
Hotel or inn; up to three (3) stories and thirty-five (35) feet
in height when located on a parcel of three (3) acres or more.
[Amended effective 10-29-2010]
(c)
Public and private colleges and universities.
(d)
Schools, including business schools and studios.
(e)
Lodge, meeting and concert halls, including social clubs.
(f)
Full-service restaurants having an active commercial floor area
of one thousand (1,000) square feet or greater. No diner, drive-in
or stool-and-counter-type restaurants shall be permitted.
[Amended effective 5-29-2009]
(h)
Places of worship.
[Amended effective 7-24-2015]
(j)
Multifamily dwellings shall be allowed in accordance with the
provisions of Subsection D(1) and (2) of this section.
(k)
Halfway houses allowing a maximum of 20 persons with no less
than 200 square feet of living area per person.
(l)
Nursery school or child day-care center.
(n)
Public or nonprofit community center.
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the East Avenue Village District.
(4)
Village District review standards:
(a)
The uses permitted by Special Permit in the East Avenue Village
District shall be subject to the following additional standards:
[1]
The Commission may refer applications for Special Permit
to appropriate city agencies and departments for review and recommendations.
(b)
The Commission shall hire a village district consultant, who
shall be an architect, landscape architect or certified planner, with
pertinent experience, to review the design of new construction and
substantial rehabilitation of all properties within the district.
The report of such consultant shall be entered into the public hearing
record and considered by the Commission in making its decision.
(c)
Criteria. New construction and substantial rehabilitation of
existing structures, including those listed on the Norwalk Historic
Resources Inventory, shall be harmoniously related to their surroundings
and shall be consistent with the Connecticut Historical Commission
— Secretary of the Interior's Standards for Rehabilitation,
as applicable. All applications shall demonstrate how such development
is consistent with the criteria defined in Connecticut General Statutes
Section 8-2j, Village Districts, including but not limited to the
following criteria, subject to final review and approval by the Commission:
[1]
Building design, scale and compatibility. The color, size, height,
location, proportion of openings, roof treatments, building materials,
and any proposed signs and lighting shall be consistent with the local
architectural motif and with the unique elements of the district,
including maintenance of historic buildings, monuments and landscaping.
The removal or disruption of historic or significant structures or
architectural elements shall be minimized.
[2]
Streetscape standards and landscaping. All spaces, structures
and related site improvements visible from public roadways shall be
designed to be consistent with the elements of the district in and
around the proposed modification.
(5)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted and subject to the following
restrictions:
(a)
A driveway or walk used for access to an industrial use shall
in no case be permitted as an accessory use.
(b)
Accessory uses and structures shall be located to the rear of
the principal use of the premises.
(c)
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
(d)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(e)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(f)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Lot and building requirements. See the Schedule Limiting
Height and Bulk of Buildings — Commercial and Industrial and
all other applicable sections of these regulations, and in addition:
(1)
Residential use as the principal use of the premises shall be
permitted, provided that the number of dwelling units does not exceed
a density of one unit per 1,650 square feet of lot area, up to a maximum
of six units.
(2)
Residential and nonresidential uses on the same lot shall be
permitted, provided that:
(a)
For lots of 15,000 square feet or less in area, the number of
dwelling units shall not exceed a density of one unit per 1,650 square
feet of lot area, up to a maximum of no more than six dwelling units
per lot.
(b)
For lots larger than 15,000 square feet in area, the number
of dwelling units shall not exceed a density of one unit per 2,500
square feet of lot area, up to a maximum of no more than 18 dwelling
units per lot.
(3)
All multifamily dwellings shall provide an open recreation area
of not less than 150 square feet per dwelling unit, which shall be
located with due concern for the safety and convenience of the residents
for whose use it is intended.
(4)
Properties located on the waterfront shall provide public access
adjacent to the water, which shall be a minimum of fifteen (15) feet
in width, and access from the street to the water, subject to Commission
approval. Such public accessways shall be in the form of landscaped
walks, esplanades, boardwalks or piers, of suitable design to encourage
active use by the public, and shall be dedicated as such in the deed
to the property. Reasonable time-of-day restrictions may be established
regarding such accessways, where justified for reasons of security
or public safety. Where the principal use of the property is a single-
or two-family dwelling, the public access requirement shall not apply.
[Added effective 1-29-1982]
A. Purpose and intent. The purpose of this regulation is to preserve
and enhance the unique character of the Washington Street Historic
District and environs by encouraging the preservation of existing
buildings, by encouraging the mixed-use of properties and by ensuring
that all uses and structures will be compatible with one another and
with the established character of the area. It is intended that all
new construction, rehabilitation and alterations be designed and carried
out in relation to surrounding structures and with appropriate consideration
to the unity of the district, according to prescribed guidelines.
It is further intended that off-street parking for uses and structures
will be met by public parking facilities.
B. Uses and structures. This district is located entirely within the coastal boundary and, as such, all uses and structures, unless otherwise exempt, shall comply with the coastal site plan review requirements in Secs. 11 through 15 of P.A. 79-535 and with Article
111, §
118-1110, herein.
(1)
Principal uses and structures. In the Washington Street Design District, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one or more of the following uses and no others, subject to the provisions of §
118-1451, Site plan review:
(a)
Dwellings, when located above any principal or Special Permit
use.
(b)
Retail stores and personal service shops.
(c)
Offices, including medical offices.
[Amended effective 9-25-2009]
(d)
Banks and financial institutions, excluding drive-in facilities.
(e)
Full service restaurants and brew pubs with full kitchens that
offer the regular sale of food during all hours of operation.
[Amended effective 5-28-1999; effective 5-29-2009; effective 9-28-2012]
(g)
Theaters and auditoriums.
(h)
Off-street parking facilities.
(i)
Places of worship.
[Added effective 7-24-2015]
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article
140, §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a)
The expansion of an existing manufacturing use.
(b)
Hotels and extended stay hotels up to eight (8) stories and
eighty-nine (89) feet in height, or boatel.
[Amended effective 4-24-2009; effective 12-19-2014]
(e)
Commercial recreation establishment.
[Added effective 12-7-1990]
(f)
Boutique manufacturing shall be allowed as an accessory use
to a permitted retail use, subject to compliance with the following
requirements:
[Added effective 10-28-2005]
[1]
Such boutique manufacturing shall not exceed three thousand
(3,000) square feet in area and shall be directly related to the principal
permitted retail use; and
[2]
All manufacturing activity, including the storage of all equipment,
materials and products, shall occur inside the building; no outside
storage of any kind is permitted; and
[3]
Only manufacturing processes that are not offensive with regard
to noise, light, dust and odors, and which have the same or lesser
impact than the principal retail use are permitted; and
[4]
The manufacturing activity shall occupy an area of no more than
sixty percent (60%) of the gross floor area occupied by the associated
retail establishment; and
[5]
The manufacturing process is principally artisan or fabrication
by hand, and shall not include mass production or assembly line operations;
and
[6]
The manufacturing operations will not generate excessive traffic
volumes or truck traffic in excess of that typically occurring in
the adjacent district or neighborhood; all loading activity shall
occur during daytime hours only.
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Washington Street Design District.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted.
(a)
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
(b)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(c)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(d)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Demolition permit.
(1)
No demolition permit for a building's exterior shall be
issued for any building within the Washington Street Design District
until the Commission has granted final approval for the reuse of the
subject property.
(2)
A structure deemed unsafe according to Section 123.0 of the
State of Connecticut Basic Building Code shall be exempt from the
requirements of this section.
D. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable
sections of these regulations and in addition:
(1)
The height and bulk of all buildings in existence at the time
of adoption of this regulation are hereby declared to be in conformance
with the requirements of this section.
(2)
The number of dwelling units permitted shall not exceed a density
of one unit per 600 square feet of gross building floor area devoted
to such residential uses.
(3)
All dwelling units shall not contain more than two bedrooms.
(4)
Properties located on the waterfront shall provide public access
adjacent to the water which shall be an average of 20 feet in width
but in no event less than 10 feet in width and from the street to
the water in the form of landscaped walks, esplanades, boardwalks
or piers and of suitable width to encourage use by the general public.
(5)
External building modifications shall be in keeping with the
guidelines set forth in Sections 4 and 5 of the Washington Street
Urban Design Study, dated June 1978 and with the Urban Renewal Plan,
Washington-South Main Street Improvement Area II, January 21, 1981.
The elevations and details of a building's exterior, including
signs, shall be referred to the Redevelopment Agency for comment.
[Amended effective 3-30-2012]
(6)
Structures of less than the required minimum height shall be
permitted, provided that they do not exceed five percent (5%) of the
maximum allowed building area of the property.
[Added effective 11-24-2006]
E. Amenity incentive provisions.
[Added effective 11-24-2006]
(1)
Eligibility criteria. A project shall be eligible to receive
a bonus of additional building height, not to exceed one additional
story and twenty-two (22) feet in additional height, if space is provided
within the project for three (3) of the four (4) public amenities,
improvements or facilities set forth herein, subject to approval by
the Commission and to the project's compliance with the provisions
of this section, including the following criteria:
[Amended effective 2-24-2012]
(a)
The overall design of the project and the specific amenities
proposed are appropriate to the site, consistent with the Washington
Street Urban Design Study Guidelines and contribute to the improvement
of the downtown pedestrian environment.
(b)
The applicant records a covenant on the land records which ensures
the continuous operation and maintenance of each of the following
amenities and that such covenant shall run with the land in perpetuity.
(c)
The project conforms to all other provisions of these regulations.
(d)
The amenity must be clearly identified as a public benefit.
(2)
Amenity specifications. The following site amenities are hereby
deemed to be mutually exclusive and three (3) of four (4) public amenities
shall be required to obtain the amenity bonus provision:
[Amended effective 2-24-2012]
(a)
Pedestrian plaza: a continuous open space no more than three
(3) feet above or below the center-line elevation of the street and
abutting a designated pedestrian right-of-way, which is open to the
public at all times, provides a minimum of one (1) linear foot of
seating space per seventy-five (75) square feet of plaza and has a
minimum area of three thousand (3,000) square feet. At least twenty
percent (20%) of the plaza area shall be landscaped with shrubbery
and trees, and the remaining area shall be hard-surfaced pavements
which conform to the streetscape standard. The applicant shall demonstrate
that the plaza has adequate sun exposure.
(b)
Historic facade preservation: The substantial rehabilitation,
and preservation of a facade of a building listed on the Norwalk Historic
Resources Inventory shall be consistent with the Connecticut Historical
Commission, Secretary of the Interior's Standards for Rehabilitation,
provided said structure had not previously undergone a rehabilitation
for which it received federal historic rehabilitation tax credits.
(c)
Public parking facilities: a minimum of 10 parking spaces provided
in excess of those required for the approved project and dedicated
for use by the general public for short-term (transient) parking.
These spaces shall be located on the level of a parking garage closest
to the street and/or primary entrance to the project and should be
clearly designated as available for public parking.
(d)
Fountain/water feature: a fountain, cascade, stream or other
water display which is located in an unenclosed, publicly accessible
space and is maintained in operating condition throughout the year,
except when weather conditions prohibit such operation.
(3)
Amenity schedule: a proposed site development that complies
with the standards set forth above shall be eligible for bonus height
not to exceed a maximum of one (1) story and twenty-two (22) feet.
The following additional standards shall apply to any structure making
use of the amenity bonus:
(a)
If the bonus story results in a structure greater than fifty
(50) feet in height, the bonus story shall be set back a minimum of
thirty (30) feet from the street line on Washington Street and shall
be set back a minimum of ten (10) feet from the street line on Water
Street.
(b)
All new construction situated directly above the existing historic
structure being preserved under the amenity bonus provision shall
be set back a minimum of five (5) feet from the plane of the existing
historic structure for the entire length of the facade of the existing
historic structure.
(c)
The fourth story of any building located at the intersection
of two (2) streets shall be set back not less than eight (8) feet
from the street lines of the two intersecting streets for a minimum
distance of twenty-five (25) feet along the length of each of the
intersecting streets.
F. Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
[Amended effective 7-28-2000]
(1)
A building in existence at the time of adoption of this regulation may continue to be used without adequate parking and loading as required by §§
118-1210 and
118-1260 of these regulations. However, should such building be increased in area or changed in use so as to require additional parking or loading, such additional parking or loading shall be determined by applying the standards set forth in §§
118-1210 and
118-1260; except that a restaurant in existence as of July 1, 2005, and located within six hundred feet of a municipal parking lot shall not be required to provide additional parking for interior expansions within the existing gross restaurant floor area of one thousand (1,000) square feet or less. This provision shall apply to restaurant uses only and shall not apply to floor space devoted to mixed uses.
[Amended effective 1-27-2006]
(2)
The amount of off-street parking spaces required for two or
more different uses on the same premises shall be 25% less than the
sum of the minimum number of parking spaces required for each use.
(3)
The required amount of parking may be met, in whole or in part, by a public off-street parking facility for a use or structure which is shown as a designated property on a map entitled "Designated Properties for Fees in Lieu of Parking," subject to approval by the Commission and the payment of an in-lieu parking fee to the City of Norwalk, in accordance with §
118-1222, except as noted in §
118-1220M, Municipal parking in South Norwalk.
[Amended effective 4-30-2010]
(4)
The required amount of loading may be met on street or off street
on the same lot where the use occurs or on an adjacent lot, subject
to approval by the Commission.
(5)
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[Added effective 10-24-2014]
[Added effective 11-16-1984]
A. Purpose and intent.
[Amended effective 7-28-1989; effective 9-25-1998]
(1)
The purpose of this regulation is to encourage the redevelopment
and/or rehabilitation of the district in accordance with the Reed-Putnam
Urban Renewal Plan. This plan proposes intensive commercial and residential
development because of the area's proximity to the Connecticut
Thruway (1-95) and U.S. Route 7, and in a manner consistent with the
goals and policies of the Coastal Management Act.
(2)
This district has been divided into five subareas reflecting
differences in use, and height and bulk of buildings, depending upon
location. Where applicable, these regulations are subject to the provisions
of the Reed-Putnam Urban Renewal Plan.
B. General regulations.
[Amended effective 7-28-1989; effective 9-25-1998; effective 10-29-2000; effective 9-28-2001; effective 2-25-2005]
(1)
All uses and structures in this district shall comply with the site plan review requirements of Article
140, §
118-1451 or, where required, the Special Permit requirements of Article
140 §
118-1450, herein.
[Amended effective 6-10-2016]
(2)
Uses which are not permitted in this district shall not be permitted
by variance in the Reed-Putnam Design District.
(3)
This district is divided into five subareas. Premises shall
be used and buildings shall be erected which are used, designed or
intended to be used for one or more of the uses permitted within the
particular subareas.
(4)
The design of buildings, parking structures, landscaping and
signing within the Reed-Putnam Design District shall be in keeping
with the urban design guidelines set forth in Section 4 of the Urban
Renewal Plan for the Reed-Putnam Area, dated approved by the Norwalk
Common Council on February 10, 1998, as amended from time to time
thereafter. The elevations and details of a building's exterior
shall be referred to the Redevelopment Agency for comment. Buildings
located on top of parking structures in which the lower floors are
exclusively used for parking shall not be allowed, except for Subarea
C.
[Amended effective 3-30-2012; effective 6-10-2016]
(5)
Helicopter landing sites, as an accessory use to a principal
permitted use, subject to Special Permit review and to the following
restrictions: the landing site shall be a minimum of 300 feet from
a residence zone, except if residence zone is public highway, and
flight operations shall be restricted to the hours of 7:00 a.m. to
7:00 p.m. only.
[Amended effective 10-26-2007]
C. Subarea regulations are as follows:
(1)
Subarea A.
(a)
Principal uses and structures.
[1]
Mixed use developments, including two (2) or more of the following uses: offices, including medical offices, retail stores, business service establishments, restaurants, multifamily residences and hotels, subject to §
118-502C(1)(d).
[Amended effective 10-26-2007; effective 9-25-2009]
[2]
Transportation terminals designed as an integral part of a structure,
containing one or more other permitted uses, and provided that:
[a] All vehicles shall be stored and serviced within
the structure.
[b] Major vehicular maintenance and long-term (more
than 24 hours) parking or storage for buses, vans, limousines and
taxicabs shall be prohibited.
[c] Truck terminals shall be prohibited.
[3]
Parks, playgrounds and open space.
[4]
Child day-care centers.
[Added effective 9-28-2007]
(b)
Special Permit uses and structures.
[Added effective 1-26-2007; amended effective 6-10-2016]
[1]
Mixed use retail shopping center developments as a principal
Special Permit use shall be permitted, subject to special permit approval
by the Commission and to the following criteria:
[a] A building or part thereof may be located over
a public street and may include one (1) or more adjoining parcels
or parcels separated by public street(s),provided:
[i] Any necessary easement rights allowing such design
have been approved by the Norwalk Common Council; and
[ii] No area of a public street located beneath a building
may be used in calculating maximum permissible floor area; and
[iii] All floor area of a building located above such
public street shall be allocated to adjoining privately owned parcels
and shall be used in determining floor area ratio; and
[iv] Building height shall be measured in relation
to the center line of West Avenue.
[b] The uses and design of such development are authorized
by the Reed-Putnam Urban Renewal Plan; and
[c] A minimum open space area of fifteen percent (15%)
based upon the total acreage within the mixed use retail shopping
center development and no requirement that such open space be located
on any individual parcel; and
[d] Areas devoted to public improvements (both interior
and exterior), including any of the following features: (i) sculpture
gallery; (ii) public plaza; or (iii) publicly accessible rooftop gathering
terrace shall be included in the building and site plan, and shall
constitute, in the aggregate, not less than five percent (5%) of the
floor area of the building; and
[e] Notwithstanding, §
118-502C(1)(c)[7] below, where permitted by the Commission, entertainment in the form of outdoor live music shall be permitted as accessory to a restaurant use when located on the roof of the retail shopping center building or at street level on West Avenue between Pine Street and 1-95.
[2]
Electric power generator, as defined herein, subject to §
118-830B.
(c)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted, subject to the following restrictions:
[1]
Accessory uses and structures shall be designed as an integral
part of a structure containing one or more of the permitted uses.
[2]
Off-street parking structures and surface parking lots.
[3]
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
fifteen (15) feet. In addition, the color of the building shall be
incorporated into the design of the antenna.
[Added effective 4-25-1997]
[4]
Outdoor dining, street vendors and kiosks shall be permitted
and shall be exempt from parking requirements from April 1 to November
1, subject to annual renewal of required zoning approval and to permission
by required city agencies.
[Added effective 10-26-2007]
[5]
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
[6]
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback of every public street which is not
a limited access highway and shall be screened from public view and
from adjacent properties with a fenced enclosure not less than six
(6) feet in height or year-round landscaped screening, subject to
zoning inspector approval.
[Added effective 7-29-2011; amended effective 6-10-2016]
[7]
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
[8]
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
(d)
Lot and building requirements. See the Schedule Limiting Height
and Bulk of Buildings, Reed-Putnam Design District and all other applicable
sections of these regulations, and in addition:
[Amended effective 10-26-2007]
[1]
A design district development park shall be permitted in Subarea
A, subject to the following criteria:
[a] Such development park shall be a mixed-use development
consisting of one (1) or more adjoining parcels in accordance with
a development park master plan. Bonus floor area from one parcel or
parcels may be transferred to another parcel or parcels within the
design district development park, subject to approval by the Commission;
and
[b] A maximum floor area ratio of 2.0 based upon the
total acreage within the development park, including parcels in Subareas
A and B; however, bonus floor area of 10% shall be allowed, based
on the total area of the development park, provided that in no event
may such bonus result in the total allowable floor area within the
development park exceeding 1,144,454 square feet, and provided that
public amenities are provided as follows:
[i] Pedestrian plaza: open space comprising a minimum
aggregate of 10,000 square feet in one or more areas within the development
park, each of which areas:
[A] Must contain at least 2,000 square feet of open
space;
[B] Must be no more than three (3) feet above or below
the center-line elevation of the adjacent public street or private
right-of-way;
[C] Must abut a designated pedestrian right-of-way;
and
[D] Must be open to the public at all times.
[ii] Fountain/water feature: a fountain, cascade, stream
or other water display which is located in an unenclosed, publicly
accessible space within the development park and is maintained in
operating condition throughout the year, except when weather conditions
prohibit such operation.
[iii] Green roofs; at least twenty percent (20%) of
the roof areas within the development park (excluding roof areas permanently
devoted to mechanical equipment used in the operation and maintenance
of the buildings or permanently devoted to parking) are landscaped
by vegetation or other means to manage stormwater.
[c] The maximum floor area ratio for retail uses in
a development park shall not exceed .25 based upon the total acreage
in the development park, provided that the aggregate area devoted
to retail and business service uses within the development park shall
not exceed 125,000 square feet.
[d] A minimum open space area of 25% based upon the
total acreage within the development park; with no open space requirements
for individual parcels within a development park. Open space shall
include natural and landscaped areas, pedestrian plazas, courtyards,
walkways, recreation areas and the like.
[e] Multifamily dwellings shall require 1,650 square
feet of lot area per dwelling unit based upon the total acreage within
the development park, including parcels in Subareas A and B, limited
to a maximum of 250 units in the development park. A defined recreation
area of one hundred fifty (150) square feet per dwelling unit shall
be provided. Such recreation area may include balconies, courtyards,
indoor recreational facilities, landscaped roofs and outdoor recreation
areas.
(e)
Off-street parking and loading requirements. See §§
118-1200 through
118-1260 and the supplemental standards provided below:
[Amended effective 10-24-2014; effective 6-10-2016]
[1]
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[2]
Notwithstanding any provision in Article
120 to the contrary, the minimum number of off-street parking stalls required, parking stall dimensions and drive aisle dimensions within a parking garages in a mixed use retail shopping center development containing more than two thousand (2,000) parking stalls may be altered to comply with the following supplemental standards:
[a] The minimum dimension for a full-size vehicle parking
stall at a ninety-degree angle shall be nine (9) feet in width and
eighteen (18) feet in length; if served by a two-way drive aisle a
minimum of twenty-four (24) feet in width; and
[b] The minimum dimension for a compact vehicle parking
stall at a ninety-degree angle shall be eight (8) feet in width and
fifteen (15) feet in length; if served by a two-way drive aisle a
minimum of twenty-two (22) feet in width; and
[c] The minimum dimension for a full size vehicle parking
stall at a seventy-five-degree angle shall be nine (9) feet in width
and eighteen (18) feet in length; if served by a one-way drive aisle
a minimum of eighteen (18) feet in width.
[d] The minimum dimension for a compact vehicle parking
stall at a seventy-five degree angle shall be eight (8) feet in width
and fifteen (15) feet in length; if served by a one-way drive aisle
a minimum of eighteen (18) feet in width.
[e] Compact vehicle parking stalls need not be grouped,
provided they are shown on a site plan approved by the Commission;
and
[f] Within the required dimension of a parking stall
or drive aisle, columns shall be allowed, provided any such column
is shown on a site plan approved by the Commission after a determination
by the Commission that such column does not materially compromise
the use of the stall or aisle and does not adversely affect the public
safety in general; and
[g] The Commission may reduce up to 30% of the parking
required under these regulations where it is demonstrated to the satisfaction
of the Commission that the nature of the development or its use and
the factors which determine parking demand result in fewer parking
spaces to meet actual parking needs than required by these regulations.
[h] Off-street parking shall be located on the parcel
or parcels of land forming the mixed use retail shopping center development
but shall not be required to be located on any individual parcel within
such development.
(2)
Subarea B.
(a)
Principal uses and structures.
[Amended effective 9-25-1998]
[1]
Mixed-use developments, including two (2) or more of the following uses: offices, including medical offices, retail stores, business service establishments, restaurants, multifamily residences and hotels, subject to §
118-502C(2)(d).
[Amended effective 10-26-2007; effective 9-25-2009]
[2]
Transportation terminals designed as an integral part of a structure,
containing one or more other permitted uses, provided that:
[a] All vehicles shall be stored and serviced within
the structures.
[b] Major vehicular maintenance and long-term (more
than 24 hours) parking or storage for buses, vans, limousines and
taxicabs shall be prohibited.
[c] Truck terminals shall be prohibited.
[3]
Parks, playgrounds and open space.
[Added effective 10-26-2007]
[4]
Child day-care centers.
[Added effective 9-28-2007]
(b)
Special Permit uses and structures.
[Added effective 1-26-2007]
[1]
Electric power generator, as defined herein, subject to §
118-830B.
(c)
Accessory uses and structures. Accessory uses and structures,
which are incidental to and customarily associated with the principal
use of the premises, shall be permitted, subject to the following
restrictions:
[1]
Off-street parking structures and surface parking lots.
[2]
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
fifteen (15) feet. In addition, the color of the building shall be
incorporated into the design of the antenna.
[Added effective 4-25-1997]
[3]
Outdoor dining, street vendors and kiosks shall be permitted
and shall be exempt from parking requirements from April 1 to November
1, subject to annual renewal of required zoning approval and to permission
by required City agencies.
[Added effective 10-26-2007]
[4]
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
[5]
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
[6]
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
[7]
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
(d)
Lot and building requirements. See the Schedule Limiting Height
and Bulk of Buildings, Reed-Putnam Design District and all other applicable
sections of these regulations, and in addition:
[Amended effective 10-26-2007]
[1]
A design district development park shall be permitted in Subarea
B, subject to the following criteria:
[a] Such development park shall be a mixed-use development
consisting of one (1) or more adjoining parcels in accordance with
a development park master plan. Bonus floor area from one parcel or
parcels may be transferred to another parcel or parcels within the
design district development park, subject to approval by the Commission;
and
[b] A maximum floor area ratio of 2.0 based upon the
total acreage within the development park, including parcels in Subareas
A and B; however, bonus floor area of 10% shall be allowed, based
on the total area of the development park, provided that in no event
may such bonus result in the total allowable floor area within the
development park exceeding 1,144,454 square feet, and provided that
public amenities are provided as follows:
[i] Pedestrian plaza: open space comprising a minimum
aggregate of 10,000 square feet in one or more areas within the development
park, each of which areas:
[A] Must contain at least 2,000 square feet of open
space;
[B] Must be no more than three (3) feet above or below
the center-line elevation of the adjacent public street or private
right-of-way;
[C] Must abut a designated pedestrian right-of-way;
and
[D] Must be open to the public at all times.
[ii] Fountain/water feature: a fountain, cascade, stream
or other water display which is located in an unenclosed, publicly
accessible space within the development park and is maintained in
operating condition throughout the year, except when weather conditions
prohibit such operation.
[iii] Green roofs: at least twenty percent (20%) of
the roof areas within the development park (excluding roof areas permanently
devoted to mechanical equipment used in the operation and maintenance
of the buildings or permanently devoted to parking) are landscaped
by vegetation or other means to manage stormwater.
[c] The maximum floor area ratio for retail uses in
a development park shall not exceed .25 based upon the total acreage
in the development park, provided that the aggregate area devoted
to retail and business service uses within the development park shall
not exceed 125,000 square feet.
[d] A minimum open space area of 25% based upon the
total acreage within the development park; with no open space requirements
for individual parcels within a development park. Open space shall
include natural and landscaped areas, pedestrian plazas, courtyards,
walkways, recreation areas and the like.
[e] Multifamily dwellings shall require 1,650 square
feet of lot area per dwelling unit based upon the total acreage within
the development park, including parcels in Subareas A and B, limited
to a maximum of 250 units in the development park. A defined recreation
area of one hundred fifty (150) square feet per dwelling unit shall
be provided. Such recreation area may include balconies, courtyards,
indoor recreational facilities, landscaped roofs and outdoor recreation
areas.
(e)
Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
[1]
Off-street parking may be met by the use of parking facilities
located within 600 feet, as measured along the shortest publicly accessible
route, subject to approval by the Zoning Inspector.
[2]
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[Added effective 10-24-2014]
(3)
Subarea C.
[Amended effective 9-13-1985; effective 4-25-1997; effective 9-25-1998; effective 2-25-2005; effective 10-28-2005]
(a)
Principal uses and structures.
[3]
Parks, playgrounds and open space.
[4]
Retail stores, restaurants and offices, including medical offices.
[Amended effective 9-25-2009]
[5]
Child day-care centers.
[Added effective 9-28-2007]
(b)
Special Permit uses and structures. The following uses and structures, and no others, shall be permitted by Special Permit, in accordance with the provisions of Article
140, §
118-1450, Special Permits, and subject to the additional standards set forth herein:
[1]
Boutique manufacturing shall be allowed as an accessory use
to a permitted retail use, subject to compliance with the following
requirements:
[a] Such boutique manufacturing shall not exceed three
thousand (3,000) square feet in area and shall be directly related
to the principal permitted retail use; and
[b] All manufacturing activity, including the storage
of all equipment, materials and products, shall occur inside the building;
no outside storage of any kind is permitted; and
[c] Only manufacturing processes that are not offensive
with regard to noise, light, dust and odors, and which have the same
or lesser impact than the principal retail use are permitted; and
[d] The manufacturing activity shall occupy an area
of no more than sixty percent (60%) of the gross floor area occupied
by the associated retail establishment; and
[e] The manufacturing process is principally artisan
or fabrication by hand, and shall not include mass production or assembly
line operations; and
[f] The manufacturing operations will not generate
excessive traffic volumes or truck traffic in excess of that typically
occurring in the adjacent district or neighborhood; all loading activity
shall occur during daytime hours only.
[2]
Electric power generator, as defined herein, subject to §
118-830B.
[Added effective 1-26-2007]
(c)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted, subject to the following restrictions:
[1]
Marinas and marina-related facilities.
[2]
Off-street parking structures and surface parking lots.
[3]
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
fifteen (15) feet. In addition, the color of the building shall be
incorporated into the design of the antenna.
[4]
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
[5]
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
[6]
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
[7]
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
(d)
Lot and building requirements. See the Schedule Limiting Height
and Bulk of Buildings, Reed-Putnam Design District, and all other
applicable sections of these regulations.
(e)
Off-street parking and loading requirements, See §
118-502C(2)(d) and in addition:
[1]
The amount of off-street parking spaces required for two (2)
or more different uses on the same premises shall be thirty percent
(30%) less than the sum of the minimum number of parking spaces required
for each use.
[Added effective 2-25-2005]
[2]
A restaurant in existence as of July 1, 2005, and located within
six hundred feet of a municipal parking lot shall not be required
to provide additional parking for interior expansions within the existing
gross restaurant floor area of one thousand (1,000) square feet or
less. This provision shall apply to restaurant uses only and shall
not apply to floor space devoted to mixed uses.
[Added effective 1-27-2006]
[3]
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[Added effective 10-24-2014]
(4)
Subarea D.
(a)
Principal uses and structures.
[1]
Multifamily dwellings, including artists' studios.
[Amended effective 9-25-1998]
[2]
Museums, maritime centers and exhibition facilities.
[3]
Retail stores, restaurants and offices, including medical offices.
[Added effective 3-30-1990; amended effective 9-25-2009]
[5]
Child day-care centers.
[Added effective 9-28-2007]
(b)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted, subject to the following restrictions:
[1]
Off-street parking garages and surface parking lots.
[2]
Marinas and marina-related facilities.
[3]
Parks, playgrounds and open space.
[4]
Theaters.
[Amended effective 9-25-1998]
[5]
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
15 feet. In addition, the color of the building shall be incorporated
into the design of the antenna.
[Added effective 4-25-1997]
[6]
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
[7]
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
[8]
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
[9]
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
(c)
Lot and building requirements. See the Schedule Limiting Height
and Bulk of Buildings, Reed-Putnam Design District, and all other
applicable sections of these regulations, except that:
[Amended effective 3-30-1990]
[1]
Cupolas, towers and spires, where not used for habitable space
and where not exceeding 1% of the total allowable building area, shall
be exempt from the height regulations herein.
(d)
Off-street parking and loading requirements. See §
118-502C(2)(d), except that:
[1]
No on-site parking shall be required for a museum, maritime
center or exhibition facilities.
[2]
The amount of off-street parking spaces required for two or
more different uses on the same premises shall be 25% less than the
sum of the minimum number of parking spaces required for each use.
[Added effective 3-30-1990]
[3]
A restaurant in existence as of July 1, 2005, and located within
six hundred feet of a municipal parking lot shall not be required
to provide additional parking for interior expansions within the existing
gross restaurant floor area of one thousand (1,000) square feet or
less. This provision shall apply to restaurant uses only and shall
not apply to floor space devoted to mixed uses.
[Added effective 1-27-2006]
[4]
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[Added effective 10-24-2014]
(5)
Subarea E.
(a)
Principal uses and structures.
[1]
Multifamily dwellings.
[Amended effective 9-25-1998]
[3]
Retail stores and personal and business service shops.
[4]
Offices, including medical offices.
[Amended effective 9-25-2009]
[5]
Banks and financial institutions, excluding drive-in facilities.
[6]
Restaurants and taverns, excluding drive-in facilities.
[7]
Theaters and auditoriums.
[8]
Business schools and studios.
[9]
Places of worship, churches and church buildings.
[10] Parks, playgrounds and open space.
[11] Museums and related accessory uses.
[Added effective 9-25-1998]
[12] Child day-care centers.
[Added effective 9-28-2007]
(b)
Special Permit uses and structures. The following uses and structures, and no others, shall be permitted by Special Permit, in accordance with the provisions of Article
140, §
118-1450, Special Permits, and subject to the additional standards set forth herein:
[1]
The expansion of an existing manufacturing use.
[2]
Public utility supply or storage facility.
[3]
Boutique manufacturing shall be allowed as an accessory
use to a permitted retail use, subject to compliance with the following
requirements:
[Added effective 10-28-2005]
[a] Such boutique manufacturing shall not exceed three
thousand (3,000) square feet in area and shall be directly related
to the principal permitted retail use; and
[b] All manufacturing activity, including the storage
of all equipment, materials and products, shall occur inside the building;
no outside storage of any kind is permitted; and
[c] Only manufacturing processes that are not offensive
with regard to noise, light, dust and odors, and which have the same
or lesser impact than the principal retail use are permitted; and
[d] The manufacturing activity shall occupy an area
of no more than sixty percent (60%) of the gross floor area occupied
by the associated retail establishment; and
[e] The manufacturing process is principally artisan
or fabrication by hand, and shall not include mass production or assembly
line operations; and
[f] The manufacturing operations will not generate
excessive traffic volumes or truck traffic in excess of that typically
occurring in the adjacent district or neighborhood; all loading activity
shall occur during daytime hours only.
(c)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted, subject to the following restrictions:
[1]
Off-street parking structures and surface parking lots.
[2]
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone, may extend above the existing building height by no more than
15 feet. In addition, the color of the building shall be incorporated
into the design of the antenna.
[Added effective 4-25-1997]
[3]
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
[4]
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
[5]
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
[6]
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
(d)
Lot and building requirements. See the Schedule Limiting Height
and Bulk of Buildings, Reed-Putnam Design District, and all other
applicable sections of these regulations, except that:
[1]
Buildings in existence as of the effective date of this regulation
are hereby declared to be in conformance with the requirements of
this section.
[2]
No setbacks shall be required where the abutting property is
within a limited access highway or railroad right-of-way.
[Added effective 8-30-2002]
(e)
Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
[1]
No off-street parking shall be required for museums under 14,000
square feet, located in the Reed-Putnam Design District, Subarea E.
[Amended effective 9-25-1998]
[2]
A restaurant in existence as of July 1, 2005, and located within
six hundred feet of a municipal parking lot shall not be required
to provide additional parking for interior expansions within the existing
gross restaurant floor area of one thousand (1,000) square feet or
less. This provision shall apply to restaurant uses only and shall
not apply to floor space devoted to mixed uses.
[Added effective 1-27-2006]
[3]
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[Added effective 10-24-2014]
[Added effective 1-16-1987]
A. Purpose and intent. The purpose of this regulation is to permit major
office buildings and other compatible uses which will contribute to
the economic base of the city and will constitute a harmonious and
appropriate part of the physical development of the city. The area
within this zone is intended to have infrastructure of sufficient
capacity either prior to or coincident with permitted development.
Incentives are provided to encourage the assembly of larger lots and
to reduce the number of driveways, thereby improving traffic flow
and safety and creating an attractive and unified development.
B. Uses and structures.
(1)
Principal uses and structures. In the Executive Office Zone, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one or more of the following uses and no other. Any use or structure having a gross floor area of 20,000 square feet or more or requiring 50 parking spaces or more shall be permitted subject to the provisions of §
118-1451, Site plan review.
(a)
Offices, including medical offices.
[Amended effective 9-25-2009]
(b)
Banks and financial institutions.
(d)
Personal and business services shops and retail stores having
a gross floor area of 30,000 square feet or less.
[Amended effective 12-22-1995]
(f)
Theaters and auditoriums.
(g)
Schools, including business schools, and studios.
(i)
Research and development facilities.
(j)
Manufacture, processing or assembly of goods which are not noxious
or offensive due to emission of noise, pollutants or waste.
(k)
Parks and recreational facilities.
(m)
Public utility supply or storage facilities.
(o)
Off-street parking facilities.
(p)
Places of worship.
[Added effective 7-24-2015]
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article
140, §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, except as otherwise specified herein:
[Amended effective 12-7-1990; effective 12-22-1995; effective 4-21-2000; effective 9-28-2001; effective 5-26-2006]
(a)
Warehouse and wholesale distribution facilities.
(b)
Gasoline stations and the sale and service of motor vehicles, subject to §
118-1010.
(c)
Transportation terminals.
(e)
Commercial recreation establishment.
(f)
Retail stores having a gross floor area of more than 30,000
square feet, not to exceed 80,000 square feet.
(g)
Commercial planned residential development, subject to §
118-760.
(h)
Helicopter landing sites, as an accessory use to a principal
permitted use, subject to Special Permit review and to the following
restrictions: the landing site shall be a minimum of 300 feet from
a residence zone and flight operations shall be restricted to the
hours of 7:00 a.m. to 7:00 p.m. only. The Commission may approve a
helicopter landing site that exceeds the height provisions of these
regulations if it is located on top of a mechanical or habitable penthouse.
(i)
Electric power generator, as defined herein, subject to §
118-830B.
[Added effective 1-26-2007]
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Executive Office Zone.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted subject to the following restrictions:
(a)
Outdoor storage shall be confined to the rear and side yards
only and shall be effectively screened from adjacent properties.
(b)
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone, may extend above the existing building height by no more than
15 feet. In addition, the color of the building shall be incorporated
into the design of the antenna.
[Added effective 12-20-1996]
(c)
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
(d)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(e)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(f)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable
sections of these regulations, and in addition:
(1)
A development park shall be permitted:
[Amended effective 10-27-2000]
(a)
A maximum floor area ratio of 1.5 based upon the total acreage
within a development park; however, an individual parcel within a
development park shall not exceed a floor area ratio of two;
(b)
A minimum open space area of 30% based upon the total acreage
within the development park; however an individual parcel within a
development park shall provide open space of not less than 25% of
its area.
(2)
Multifamily dwellings shall require 1,650 square feet of lot
area per dwelling unit.
[Amended effective 12-30-1988]
(3)
A minimum building height shall apply only to uses enumerated in Subsection
B(1)(a) through
(h) and
B(2)(d) through
(g); except that ancillary portions of buildings less than the required height shall be permitted, provided that such portions do not exceed five percent (5%) of the gross floor area.
[Added effective 3-27-2009]
(4)
Open space shall include natural and landscaped areas, pedestrian
plazas, courtyards, walkways, recreation areas and the like. Open
space on the roof of a structure shall be permitted, provided that
the minimum open space requirement extends neither more than 10 feet
nor more than one story above the center-line elevation of the street.
(5) Nonconforming
building as to FAR.
[Added effective 6-28-2019]
(a)
Any building that is nonconforming as to FAR and located within
the Executive Office Zone or any building located within a development
park within the Executive Office Zone that is nonconforming as to
total FAR within such development park, may expand usable Floor Area
subject to administrative approval by the Director of the Planning
and Zoning Department, provided that:
[1]
Any increase in total floor area shall not result in an increase
in new or additional building coverage or height; and
[2]
Any additional floor area shall be devoted to service or common
areas, lobbies or tenant amenity areas to be utilized by tenants of
the building; and
[3]
Said additional floor area shall be in furtherance of adaptive
reuse or alteration of the building for modernization, security, aesthetic,
public health and safety, health code compliance or sustainability
purposes.
(b)
Expansion beyond the building envelope of the existing building
shall be limited to canopies and architectural features which enhance
the aesthetic appearance of the building and said improvements shall
not be considered additional building coverage, provided that same
do not exceed five percent (5%) building coverage.
(c)
Further, any portion of a lot located within the Executive Office
Zone that is conveyed, to be conveyed or utilized by the State of
Connecticut or the City of Norwalk for public purposes, including
but not limited to, public right-of-way, public transportation, or
public recreational purposes, shall be included in all applicable
lot area calculations (i.e., lot area, density, building coverage,
FAR, etc.), and any buildings and structures utilized in accordance
with any of the aforementioned public purposes shall be excluded from
building coverage, floor area and FAR calculations.
D. Off-street parking and loading requirements. See §§
118-1200 through
118-1260 and, in addition:
(1)
The principal use and structure of the property shall be located between the front yard and the street wall of a parking structure which is more than three feet above the center-line elevation of the street, for a minimum of 50% of the length of the parking structure. This provision shall not be applicable to parking structures within a development park which parking structures are located more than 110 feet from the center-line of the street (subject to §
118-1000B) and separated from the street by a wetland or watercourse. Any portion of a parking structure which is more than three feet above the center-line elevation of the street and which extends to the front yard shall be effectively screened.
[Amended effective 5-27-1994; effective 11-24-1995; effective 12-20-1996]
F. The Executive Office Zone shall not apply to buildings for which
a zoning permit has been issued or Commission approval granted prior
to January 1, 1987. Such buildings may be completed in accordance
with plans filed with the Zoning Inspector or Commission prior to
such date.
[Added effective 10-1-1987; amended effective 6-29-1990; effective 12-7-1990; effective 5-28-1993; effective 4-29-1994; effective 4-25-1997; effective 8-30-2002; effective 10-28-2005; effective 4-28-2006; effective 1-26-2007; effective 5-27-2007; effective 10-26-2007; effective 8-29-2008; effective 9-25-2009; effective 9-24-2010; effective 7-29-2011; effective 9-30-2011; effective 3-30-2012; effective 9-26-2014; effective 10-24-2014; effective 6-26-2015; effective 7-24-2015; effective 1-29-2016; effective 2-26-2016; effective 10-27-2017; effective 6-13-2019]
A. Purpose and intent. The Central Business District contains two (2)
zoning subdistricts, Central Business District (CBD) and Central Business
District Water (CBD-W).
(1)
The CBD contains the West Avenue corridor, the Wall Street area
which is considered the historic downtown for the City and a portion
of U.S. 1 and Main Street. CBD zoning seeks to:
(a)
Provide a balance of uses and amenities that foster a vital
economic, livable, innovative and cultural area and enhance its urban,
aesthetic qualities.
(b)
Establish an urban fabric that is walkable, engaging and complimented
by sustainable design, including landscaping, building construction
and infrastructure.
(c)
Protect and enhance historic, cultural, economic and architectural
resources.
(d)
Preserve, create and enhance pedestrian-oriented streets to
reduce the number of automobile trips; minimize congestion, consumption
of resources and air and noise pollution.
(e)
Encourage clean industrial uses, retail, entertainment, residential
and office vitality and improve the quality of life for district residents,
visitors and workers.
(f)
Provide quality public spaces, such as urban street corridors,
by maintaining the physical continuity of the street edge created
by buildings.
(g)
Bring most daily activities within walking distance, giving
the elderly, young and disabled increased independence of movement.
(h)
Require public access to and along the waterfront when possible,
except where a danger to the public exists due to water-dependent
uses.
(i)
Incentivize adaptive reuse of the historic properties within
the zone.
(j)
Maintain water-dependent uses for properties abutting the Norwalk
River.
(2)
The CBD-W is comprised mainly of waterfront uses along the west
side of the Norwalk River. CBD-W zoning seeks to:
(a)
Maintain Norwalk River and upper harbor as a focal point.
(b)
Maintain water-dependent uses for properties abutting the Norwalk
River.
(c)
Require public access to and along the waterfront when possible,
except where a danger to the public exists due to water-dependent
uses.
(d)
Promote other uses which attract the public to the waterfront,
such as restaurants, transient slip space and residential development.
(e)
Prioritize and give preference to the siting of water-dependent
uses which are compatible with the revitalization of the downtown
area, such as recreational and commercial boating and fishing facilities
and transient slip space.
B. Principal uses and structures:
(1)
In the Central Business District, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. All uses and structures shall be permitted subject to the provisions of §
118-1451, Site plan review. Properties located within the coastal zone boundary shall be subject to coastal site plan review and all other requirements of §
118-1110.
(a)
Adult day-care facilities.
(d)
Banks and financial institutions (excluding drive-in facilities).
(e)
Boutique manufacturing with or without an accessory retail use
or light manufacturing, provided that:
[1]
The total square footage does not exceed fifteen thousand (15,000)
square feet.
[2]
All manufacturing activity, including the storage of all equipment,
materials and products, shall occur inside the building, and no outside
storage of any kind is permitted.
[3]
Only manufacturing processes that comply with City standards
relating to noise, light, dust and odors are permitted.
[4]
The manufacturing operations will not generate excessive traffic
volumes or truck traffic in excess of that typically occurring in
the adjacent district or neighborhood; all loading activity shall
occur during daytime hours only.
(i)
Colleges, universities and schools, including business and trade
schools, and studios.
(j)
Commercial recreation establishments.
(k)
Community centers, lodges and private clubs.
(n)
Government agencies and charitable organizations.
(o)
Halfway houses, with no less than two hundred (200) square feet
of living area per person.
(r)
Hotels, including extended stay hotels.
(t)
Motor vehicles sales and service, provided that:
[1]
Such use shall be designed as an integral part of a structure
containing one (1) or more other permitted uses.
[2]
All vehicles shall be serviced within the structure and displayed,
stored and parked within or behind the structure.
(u)
Multifamily dwellings, provided that:
[1]
Provisions for bicycle storage or bicycle sharing are provided
on-site.
[2]
Provisions for electric vehicle charging stations are provided
on-site.
[3]
Such dwellings are subject to the Workforce Housing Regulation in Article
101, §
118-1050.
(v)
Museums, libraries and meeting halls.
(w)
Offices, including medical offices.
(x)
Parks, playgrounds and open space.
(y)
Personnel and business service establishment.
(bb)
Manufacturing and storage facilities dependent on waterborne
transportation for the supply of products.
(cc)
Public recreation facilities.
(dd)
Research and development facilities.
(ee)
Retail stores and personal and business service establishments.
(ff)
Restaurants and taverns (excluding drive-in facilities).
(gg)
Theaters and auditoriums, including cultural arts and entertainment
facilities.
(2)
Special Permit uses and structures:
(a)
In order to encourage the preservation of structures contributing
to positive aspects of community character, the Commission may, by
Special Permit, allow a minimum area or dimensional requirement, (such
as yard setback or parking requirement) or a maximum requirement,
(such as maximum floor area) to be exceeded, provided that:
[1]
The subject structure(s) are listed on a local, state or national
historic inventory;
[2]
The extent of the requirement to be exceeded or reduced shall
not exceed twenty-five percent (25%) and is clearly identified on
the application presented to the Commission;
[3]
A narrative, prepared by an historic architect, shall be submitted
with the application describing in detail the proposed work to be
done to the exterior of the historic structure. The historic architect
shall be qualified for "Historic Architecture" as listed under 35
CFR Part 61 of the Secretary of Interior's Professional Qualification
Standards and submit proof of same;
[4]
The Commission shall refer the application to the Historical
Commission for review and recommendations, who may refer the application
to the State Historic Preservation Office (SHPO) for comment. If the
Historical Commission does not endorse the application, a two-thirds
majority vote of the Zoning Commission is required for approval;
[5]
Any Special Permit granted by the Commission shall only remain
effective so long as the subject structure(s) is preserved and maintained
as the principal structure on the property;
[6]
If building materials are proposed to be substituted and modernized,
the method and degree of preservation maintains the character, aesthetic
and architecture of the historic building;
[7]
Any deviation from the standards approved by the Commission
shall be restricted to the minimum amount deemed necessary to encourage
preservation of the historic structure(s); and
[8]
The Commission and Redevelopment Agency determines that:
[a] The structure(s) in question contributes to community
character or possesses a degree of historic significance (which may
be evidenced by its age, architectural uniqueness, or cultural value).
[b] If preserved, the structure would represent a cultural
benefit to the community; and
[c] The structure in question requires some measure
of regulatory relief to allow for its preservation.
(b)
In order to encourage and foster the growth or arts within the
district, the Commission may, by Special Permit, allow artist live/work
spaces with a building height bonus of ten (10) feet, provided that:
[1]
They are part of a rehabilitation, preservation or addition
to an existing structure listed on a local, state or national historic
inventory.
[2]
The Commission shall refer the application to the Arts Commission
for review and consideration. If the Arts Commission does not endorse
the application, a two-thirds majority vote of the Zoning Commission
is required for approval.
[3]
Each unit is consistent with the provisions of the Housing Code,
Fire Marshal Code and Building Code.
[4]
Units are at least seven hundred fifty (750) square feet in
size.
[5]
Retail sales of art produced on-site that does not take place
more than twelve (12) hours per week as an allowable accessory use.
[6]
Artist live/work spaces are subject to workforce housing requirements.
[7]
The use, including storage of materials or products, shall occur
only within an enclosed building.
[8]
All noise, vibration, smoke, dust or other particulate matter,
heat, humidity, glare or other effect shall comply with City standards
relating to noise, light, dust and odors.
(c)
Boutique manufacturing, with or without an accessory retail
use, or light manufacturing, provided that:
[1]
The total square footage is greater than 15,000 square feet.
[2]
All manufacturing activity, including the storage of all equipment,
materials and products, shall occur inside the building, and no outside
storage of any kind is permitted, unless the Commission makes an affirmative
finding that there will be no adverse impacts on neighboring properties
and the equipment, materials and products cannot be stored indoors
and are essential to the operation of the business.
[3]
Only manufacturing processes that comply with City standards
relating to noise, light, dust and odors are permitted.
[4]
The manufacturing operations will not generate excessive traffic
volumes or truck traffic in excess of that typically occurring in
the adjacent district or neighborhood; all loading activity shall
occur during daytime hours only.
(d)
Off-street structured parking facilities.
(3)
In the Central Business District-W, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. All uses and structures shall be permitted subject to the provisions of §
118-1451, Site plan review. Properties located within the coastal zone boundary shall be subject to coastal site plan review and all other requirements of §
118-1110.
(a)
Boat-building facilities and marine supply stores.
(b)
Industrial processing and storage facilities dependent on waterborne
transportation for the supply of products.
(d)
Multifamily dwellings, including elderly housing.
(e)
Parks, open space and public recreational facilities.
(f)
Recreational and commercial fishing facilities.
(g)
Restaurants and taverns (excluding drive-in facilities).
(4)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in CBD-W in accordance with the provisions of §
118-1450:
(a)
Business service establishments, as defined in Article
10, §
118-100.
(e)
Halfway houses, with no less than two hundred (200) square feet
of living area per person.
(f)
Offices, including government agencies and charitable offices,
up to six thousand (6,000) square feet of gross floor area, and including
medical offices.
(5)
Uses which are not permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Central Business District.
(6)
The following accessory uses and structures which are incidental
to and customarily associated with the principal use of the premises
shall be permitted:
(a)
Outdoor refuse collection and recycling receptacles, provided
that they are located behind the front setback and screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
Outdoor storage shall be prohibited.
(b)
Where permitted by the Commission, entertainment in the form
of live music, as accessory to a restaurant use, provided that all
windows and doors shall remain closed while the entertainment is underway,
except for the normal passage of people into and out of the premises
and a sound engineering report is provided that demonstrates that
the noise levels are in conformance with the Noise Ordinance.
(c)
Rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, provided that all rooftop equipment
is set back a minimum of ten (10) feet from the edge of the roof and
fully screened with architecturally compatible screening.
(d)
Commercial communication antennas, when located on an existing
building or structure, provided that they comply with the applicable
height limitation, except that antennas mounted on existing buildings
which meet or exceed the height limitation now applicable may extend
above the existing building height by no more than fifteen (15) feet.
In addition, the color of the building shall be incorporated into
the design of the antenna.
(g)
Outdoor dining, street vendors and kiosks shall be permitted
and shall be exempt from parking requirements from April 1 to November
1 when located within 1,000 feet of a municipal parking facility,
subject to the annual renewal of required zoning approval and to permission
by required City agencies.
(7)
The height, bulk, location and use of all buildings in existence at the time of adoption of this section which do not conform to this section and any subsequent revisions are hereby declared to be legally nonconforming and are subject to §
118-800, Nonconformities, except as modified where necessary to conform to the Flood Hazard Zone and coastal area management provisions of these regulations. The owners of such property shall document by A-2 Survey or other means the height, bulk, location and use of the building as it had previously existed.
C. Lot and building requirements: All development must comply with the
design guidelines set forth in Central Business Design Guidelines,
which accompany the West Avenue/Wall Street Redevelopment Plan, dated
March 13, 2019, or hereafter amended. In addition, all developments
are subject to sustainability review by the Redevelopment Agency.
See the Schedule Limiting Height and Bulk of Buildings, Central Business
District,and all other applicable sections of these regulations,
and in addition:
(1)
Cupolas, towers and spires, where not used for habitable space
and where not exceeding one percent (1%) of the building area, shall
be exempt from the height regulations herein, subject to the approval
of the Commission.
(2)
On all arterial roads and on Burnell Boulevard, Commerce Street
and Isaac Street, as well as the first twenty-five feet on any street
intersecting an arterial road(s) or the three (3) additional streets,
a portion, as approved by the Commission, of the street-level floor,
fronting the street, must contain a street-activating use. This requirement
does not apply to a change in use in an existing building whose street-level
is 18 inches above or below the street-level grade.
(3)
All street-level uses on arterial roads and the following streets:
Burnell Boulevard, Commerce Street and Isaac Street, shall have pedestrian
access to an abutting street(s) and provide a welcoming external and
active street presence, regardless of whether there is an internal
opening to a through block arcade or there is an internal opening
to a building or development.
(4)
All developments fronting on all arterial roads and the following
streets: Burnell Boulevard, Commerce Street, Isaac Street and Maple
Street, as well as the first twenty five (25) feet of any intersecting
side street, as measured from the building corner, shall provide sidewalks
with a minimum width of seven (7) feet, which includes a two-foot
snow shelf and maintains a five-foot clearance at all times from any
obstruction. Permanent obstructing features, including utilities,
shall be limited and approved by the Commission and Redevelopment
Agency. Any sidewalk area constructed on private property may be counted
toward the required public realm.
(5)
Open space shall include natural and landscaped areas, pedestrian
plazas, courtyards, walkways, recreation areas and the like. Such
open space shall be permitted on the roof of a structure.
(6)
Required or provided public realm space(s) shall express Norwalk's traditional New England culture, while serving a diverse, multicultural population. Public realm space(s) shall be consistent with the definition of "public realm" in §
118-100 of the regulations. The public realm space shall be safe, comfortable and respond effectively to the regional climate and surrounding environment.
(7)
Buildings listed on the Norwalk Historical Resources Inventory
are hereby declared to be in compliance with the height and bulk requirements
of this section. External building modifications to such structures
shall conform to the guidelines set forth in the Norwalk Business
District Design Guidelines.
(9)
Municipal off-street parking structures are exempt from all
lot and bulk and height requirements, but not from the applicable
design guidelines.
(10)
New developments and additions to structures that abut the navigable
portion of the Norwalk River (south of Wall Street), must contain
a water-dependent use as defined in CGS § 22a-93(16), result
in no net loss of existing waterfront use and shall provide public
access adjacent to water which is a minimum of fifteen (15) feet wide.
Such public accessways shall be in the form of landscaped walks, esplanades,
boardwalks or piers of suitable design to encourage active use by
the public and shall be dedicated as such in the deed to the property.
Access from the street to the water shall be provided subject to Commission
approval. Where access along the waterfront would, in the determination
of the Commission, expose the public to hazardous conditions, the
Commission may consider alternative forms of access to be provided.
In addition, the public access shall be considered a public amenity
for purposes of eligibility for FAR amenity bonuses.
(11)
The Commission may exempt retail and restaurant uses that abut
the navigable portion of the Norwalk River (south of Wall Street),
from the average rear setback of twenty-five (25) feet as long as
a fifteen-foot minimum public accessway is maintained and the facilities
are available for public use.
(12)
Historic structures listed on a local, state or national historic
inventory, or properties developed for residential use, including
mixed-use developments that do not exceed ten (10) units, are exempt
from the recreation area requirement and/or the public realm requirement.
(13)
Properties developed for residential use, including mixed-use
developments, greater than ten (10) units, but do not exceed forty
(40) units, are, in whole or in part, exempt from the recreation area
requirement and/or the public realm requirement, provided that an
in-lieu fee of such requirement(s) be paid to the Downtown Public
Spaces Fund of the City and that such fees shall be utilized solely
for the acquisition, design and improvement of public parks and open
spaces within the Central Business District, in an amount determined
by the following formula:
The total square footage required for public realm space times
$225 per square foot (value of public benefit) times 2.5% (FTA circular
9400.1A)
|
(14)
Developments and entitlements, previously approved as part of
a design district development park or as a Commission approved project
in an approved redevelopment plan, which were granted: 1) bonus amenities;
2) a reduction in the total number of parking spaces required, beyond
any reductions otherwise permitted in the regulations; 3) contain
spaces that do not conform to the minimal dimensional standards for
parking stalls; and/or 4) exceed the Schedule Limiting Height and
Bulk of Buildings, but were compliant with the Zoning Regulations
at the time of approval, are hereby declared to be in compliance with
the current Zoning Regulations. Modification to an existing development
or entitlement, as outlined above, is permitted, provided that the
standard being modified complies with the current Zoning Regulation.
Said modification shall not require full compliance with current Zoning
Regulation standards other than the standard being modified and shall
not trigger comprehensive review of the underlying development or
entitlement.
D. Amenity incentive provisions.
(1)
Eligibility criteria. A project shall be eligible to receive
a bonus of additional floor area and/or building height, subject to
the Schedule Limiting Height and Bulk of Buildings for the CBD Zone,
if space is provided within the project for public amenities, improvements
or facilities set forth herein subject to approval by the Commission
and to the project's compliance with the provisions of this section,
including the following criteria:
(a)
The overall design of the project and the specific amenities
proposed are appropriate to the site, consistent with the design guidelines
and contribute to the improvement of the downtown pedestrian environment.
(b)
The applicant records a covenant on the land records which ensures
the continuous operation and maintenance of the amenity and that such
covenant shall run with the land. The applicant, or the City of Norwalk,
or other entity will be responsible for the continuous operation and
maintenance of the amenity. The amenity, once designated, may only
be changed with the approval of the Commission.
(c)
The project conforms to all other provisions of these regulations.
(d)
The amenity must be clearly identified as a facility available
for public use.
(2)
Amenity specifications. The following site amenities are hereby
deemed to be mutually exclusive and cumulative:
(a)
Atrium: a continuous, open space enclosed within a structure
which extends a minimum of two (2) stories in height without obstruction
and admits substantial amounts of natural daylight from transparent
overhead skylights and windows which comprise at least fifty percent
(50%) of the enclosing ceiling and walls. The atrium must be within
thirty (30) feet of a public right-of-way or plaza, be clearly designated
as open to the public during business hours common to the area, provide
a minimum of one (1) linear foot of seating space per thirty (30)
square feet of atrium floor area and have minimum horizontal dimensions
of twenty-five (25) feet. In addition, the atrium must be contiguous
with retail store frontages along at least fifty percent (50%) of
its perimeter.
(b)
Child day-care center: a facility located within the project
or on an adjacent Central Business District lot which provides child-care
programs on an ongoing basis, has a maximum area of ten thousand (10,000)
square feet and for which a minimum five-year lease agreement has
been secured prior to the issuance of a certificate of occupancy for
the project. The facility should be provided to the day-care operator
at nominal rental rates to permit its services to be affordable to
a wide range of working families.
(c)
Fountain/water feature: a fountain, cascade, stream or other
water display, which is a minimum of five hundred (500) square feet,
located in an unenclosed, publicly accessible space and is maintained
in operating condition throughout the year, except when weather conditions
prohibit such operation.
(d)
Green infrastructure: green roofs, solar panels, rain gardens
or other collection means, geothermal, pervious paving, LEED Silver
construction or its equivalent, or other acceptable industry practices.
(e)
Pedestrian plaza: a continuous open space no more than three
(3) feet above or below the center-line elevation of the street and
abutting a designated pedestrian right-of-way which is open to the
public at all times, provides a minimum of one (1) linear foot of
seating space per thirty (30) square feet of plaza and has a minimum
street frontage and horizontal width of twenty-five (25) feet and
a maximum area of five thousand (5,000) square feet. At least twenty
percent (20%) of the plaza area shall be landscaped with shrubbery
and trees, and the remaining area shall be hard-surfaced pavements
which conform to the streetscape standard. The applicant shall demonstrate
that the plaza has adequate sun exposure and that it will be available
for use by properly licensed street vendors. The Commission may exempt
waterfront esplanades from street frontage requirements if adequate
access from the street to the esplanade is provided.
(f)
Public art: works of art which are permanently on display and
available for public viewing, interaction and enjoyment. The determination
of whether a particular work of art is appropriate and eligible for
an amenity bonus shall be at the discretion of the Zoning Commission
and Redevelopment Agency in consultation with the Arts Commission.
(g)
Public parking facilities: parking spaces provided in excess
of those required for the approved project and dedicated for use by
the general public for short-term (transient) parking. These spaces
should be located on the level of a parking garage closest to the
street and/or primary entrance to the projects and should be clearly
designated as available for public parking.
(h)
Sidewalk arcade: a continuous space covered by a permanent overhead
roof which extends along the facade of a building twelve (12) feet
above the average grade of an adjacent public right-of-way or plaza
and, if enclosed, has a minimum of eight-foot-wide entrances located
no more than twenty-five (25) feet apart along the length of the arcade.
The arcade must be contiguous with retail store frontages along at
least seventy-five (75%) percent of its length.
(i)
Through-block arcade: a continuous enclosed space which runs
through a structure connecting a public street to another public street,
parking garage or open space at the rear of the structure. The arcade
must be open to the public during business hours common to the area,
have a minimum width of fifteen (15) feet and be contiguous with retail
store or restaurant frontage along at least fifty percent (50%) of
its length.
(3)
Amenity schedule: A proposed site amenity which complies with
the standards set forth above shall be eligible for bonus floor area
as set forth in the following table:
Public Amenity
|
Bonus Floor Area1
|
---|
Atrium
|
6:1
|
Day-care center
|
6:1
|
Fountain/water feature
|
5:1
|
Green infrastructure
|
2:1
|
Pedestrian plaza
|
2:1
|
Public art
|
10:1
|
Public parking facility
|
4:1
|
Sidewalk arcade
|
2:1
|
Through-block arcade
|
8:1
|
Waterfront public access
|
2:1
|
NOTE:
|
1
|
Bonus floor area is measured as a ratio indicating the square
feet of permitted development (exceeding the as-of-right FAR) for
each qualifying square foot of amenity. The amenity(s) must have a
minimum value of $225 per square foot of bonus floor area times 2.5%
(FTA circular 9400.1A).
|
[Added 4-29-1988; amended effective 1-27-1989]
A. Purpose and intent.
(1)
The purpose of this regulation is to protect Norwalk's
highest concentration of marine industries by preserving and enhancing
existing water-dependent land uses and encouraging development which
is compatible with the area's role as an active commercial harbor.
The retention of existing boatyards, marinas and recreational and
commercial fishing enterprises is essential to ensure that existing
navigational channels are maintained and to preserve Norwalk's
role as a seaport community and a regional port facility. The proximity
of active navigational channels providing access to Long Island Sound
render the property within this district suitable for all types of
water-dependent uses. Mixed use developments, such as complexes of
offices, restaurants, shops, parks, promenades and residences, which
contribute to the preservation and enhancement of these water-dependent
uses and which comply with established waterfront design guidelines
are allowed by Special Permit.
(2)
In addition, the regulation seeks to encourage strong linkages
between the waterfront and the South Norwalk Business District. The
provision of public access along the water's edge and the development
of complimentary uses and activities on the waterfront will serve
to integrate the area with the Washington Street Historic District,
the Maritime Center and adjacent residential neighborhoods. Within
East Norwalk, the regulation seeks to promote the unified development
of Cove Marina, so called, in a manner compatible with the Marina,
restaurant and other existing uses as well as the recreational uses
on adjacent parkland.
[Amended effective 7-24-1992]
B. General regulations.
(1)
All development within this zone shall be subject to coastal site plan review and all other requirements of §
118-1110 herein.
C. Uses and structures.
(1)
Principal uses and structures. In a Marine Commercial Zone,
premises shall be used and buildings shall be erected which are used,
designed or intended to be used for one (1) or more of the following
water-dependent uses:
(a)
Marinas, water-based recreational uses, docks and port facilities.
(b)
Recreational and commercial fishing and boating facilities.
(c)
Finfish and shellfish processing plants.
(d)
Shipyards, boat building and sales and marine repair facilities.
(e)
Industrial, processing and storage facilities dependent
on waterborne transportation for the supply of product.
(g)
Marine research labs and related facilities.
(h)
Parks, open space, and public recreational facilities.
(i)
Marine police, harbor master and other marine enforcement agencies.
(j)
Other water-dependent uses which require direct access to or
location in marine or tidal waters and which cannot reasonably be
located inland.
(2)
Special Permit uses and structures. The following uses and structures shall be permitted by Special Permit in accordance with §
118-1450, Special Permits, provided that all Special Permit uses shall have suitable pedestrian access from an existing or proposed street, shall result in preservation and enhancement of water-dependent uses along the water's edge and shall have such shape, dimensions, character and location to accomplish the purpose and intent of Subsection
A of this section:
(a)
Multifamily dwellings, including elderly and congregate housing.
(b)
Restaurants and taverns, excluding drive-in facilities.
(c)
Offices, including medical offices.
[Amended effective 9-25-2009]
(e)
Retail establishments and personal and business service establishments.
(f)
Public utility supply or storage facilities.
(g)
The expansion of an existing manufacturing use.
(h)
Terminals for freight or passengers arriving or departing by
ship, including ferry boats, excursion boats and boat rental facilities.
[Added effective 5-1-1998]
(3)
Accessory uses and structures which are incidental to and customarily
associated with the principal water-dependent use of the premises
shall be permitted, including:
(a)
The sale of marine equipment or products, sail lofts, boat shows
and related exhibitions or events, boat storage racks, dockside facilities
for dispensing fuel and restroom and laundry facilities to serve overnight
patrons. Outdoor storage of trash receptacles shall not be permitted
within front or rear yards.
[Amended effective 7-24-1992]
(b)
Ingress or egress awning or canopy for hospitals, nursing homes,
congregate housing, medical offices and similar facilities, subject
to § 118-8101.
[Added effective 9-24-2010]
(c)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(d)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(4)
For purposes of this Article, the provision of public access
to the waterfront shall not, by itself, convert an otherwise non-water-dependent
use into a water-dependent use.
(5)
Uses which are not otherwise permitted in the Marine Commercial
Zone shall not be permitted by variance in this district.
(6)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
D. Lot and building requirements.
(1)
New developments and additions to structures on lots adjacent
to the water shall provide public access along the waterfront which
is a minimum of 25 feet wide. Such public accessways shall be in the
form of landscaped walks, esplanades, boardwalks or piers, of suitable
design to encourage active use by the public, and shall be dedicated
as such in the deed to the property. Access from the street to the
water shall be provided, subject to Commission approval. Where access
along the waterfront would, in the determination of the Commission,
expose the public to hazardous conditions, the Commission may consider
alternative forms of access to be provided. Reasonable time-of-day
restrictions may be established regarding such public accessways where
justified for reasons of security or public safety.
(2)
The rear yard may be waived or modified by the Commission where
the proposed use preserves and enhances water-dependent uses or where
a lesser setback would maximize public views of and access to the
waterfront or where the reuse of existing buildings and structures
is considered to be consistent with the purposes of the district.
(3)
The amount of building floor area and residential density permitted
by these regulations shall be calculated on the area of parcel which
is above the mean high water (MHW) line at the time that the application
is filed.
(4)
Large single lot development. In order to permit phased development
upon parcels 10 acres or larger in area, subparcels may be created
within which the requirements of the Marine Commercial regulations
shall apply, subject to the following requirements. Development may
take place upon two or more subparcels in the same phase.
[Added effective 7-24-1992]
(a)
Subparcels shall be created according to an overall plan for
the entire parcel, subject to approval by the Zoning Commission;
(b)
Each subparcel shall have a minimum of 100 feet of direct frontage
on the waterfront and shall maintain 90% of this width for the depth
of the subparcel;
(c)
Each subparcel shall have a minimum area of one acre; and
(d)
Public access along the waterfront within a subparcel shall
be accessible from a street, subject to approval by the Zoning Commission.
(5)
The height, bulk, location and use of all buildings in existence
at the time of adoption of this section are hereby declared to be
in conformance with the requirements of this section, provided that
if such buildings are destroyed by fire, explosion or act of God or
act of public enemy to an extent exceeding 50% of their assessed value,
they may be reconstructed only if the height, bulk, location and use
of the building is substantially as it had previously existed, subject
to approval by the Director of Planning and Zoning, except as modified
where necessary to conform with the flood hazard zone and coastal
area management provisions of these regulations. The owners of such
property shall document by A-2 survey or other means, the height,
bulk, location and use of the building as it had previously existed.
[Added effective 7-24-1992]
E. Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
(1)
Twenty percent of the parking required for residential and recreational
boating uses may be met by the parking provided for other nonresidential
permitted uses. However, where it can be sufficiently demonstrated,
to the satisfaction of the Commission, that another permitted use
occurs predominantly during the weekday and daytime hours, for example
offices, then up to 50% of the parking required for residential and
recreational boating uses may be met by the parking provided for such
other permitted uses. Under these circumstances, a use which occurs
predominantly during the weekday and daytime hours shall not be changed
to a use which does not occur predominantly during the weekday and
daytime hours.
(2)
Parking facilities and driveways shall not be closer than 30
feet from MHW, except where required for access by a water-dependent
use. Unenclosed surface parking shall be no closer than 50 feet from
the front property line, and such unenclosed surface parking shall
provide a landscaped buffer strip to ensure an appropriate transition
between public access areas and parking facilities.
[Added effective 8-24-1990; amended effective 9-24-1993; effective 9-25-2009; effective 9-24-2010; effective 7-29-2011; effective 9-30-2011; effective 3-30-2012; effective 9-26-2014; effective 7-24-2015; effective 4-27-2018]
A. Purpose and intent. The SoNo Station Design District (SSDD) zoning
seeks to enhance transit utilization by establishing a higher density
mix of uses, which include but are not limited to residential, office,
retail, personal and business services and public uses, in the area
immediately surrounding the South Norwalk Train Station. Increased
development potential is allowed in the SSDD to:
(1)
Induce economic investment;
(2)
Enhance pedestrian activity, including improved streetscape
and transit access;
(3)
Improve urban form and design; and
(4)
Reduce vehicle miles traveled.
B. Uses and structures.
(1)
Principal uses and structures. In the SoNo Station Design District, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. All uses and structures shall be permitted subject to the provisions of §
118-1451, Site plan review. Properties located within the coastal zone boundary shall be subject to coastal site plan review and all other requirements of §
118-1110.
(a)
Railroad station and commuter facilities, provided that commuter parking shall only be allowed in accordance with §
118-506, Subsection
D(1).
(b)
Multifamily dwellings, provided that:
[1]
When located on a collector or arterial street, the street-level
use must be a permitted use listed below, excluding parks, playgrounds
and open space.
[2]
Such dwellings are subject to the workforce housing regulation in Article
101, §
118-1050.
(c)
Retail stores and personal and business service establishments.
(e)
Offices, including medical offices.
(f)
Banks and financial institutions (excluding drive-in facilities).
(g)
Restaurants and taverns (excluding drive-in facilities).
(h)
Theaters and auditoriums.
(j)
Parks, playgrounds and open space.
(k)
Public recreation facilities.
(l)
Commercial recreation establishments.
(m)
Colleges, universities and schools, including business and trade
schools, and studios.
(n)
Museums, libraries and meeting halls.
(o) Community centers, lodges and private clubs.
(q)
Hotels, including extended stay hotels.
(r)
Boutique manufacturing, with or without an accessory retail
use, provided that:
[1]
All manufacturing activity, including the storage of all equipment,
materials and products, shall occur inside the building; no outside
storage of any kind is permitted.
[2]
Only manufacturing processes that comply with City standards
relating to noise, light, dust and odors are permitted.
[3]
The manufacturing operations will not generate excessive traffic
volumes or truck traffic in excess of that typically occurring in
the adjacent district or neighborhood; all loading activity shall
occur during daytime hours only.
(t)
Research and development facilities.
(2)
Special Permit uses and structures. In order to encourage the
preservation of structures contributing to positive aspects of community
character, the Commission may, by Special Permit, allow a minimum
area or dimensional requirement (such as yard setback or parking requirement)
or a maximum requirement (such as maximum floor area) to be exceeded,
provided that:
(a)
The subject structure(s) are listed on a local, state or national
historic inventory;
(b)
The extent of the requirement to be exceeded or reduced shall
be clearly identified on the application presented to the Commission;
(c)
Any Special Permit granted by the Commission shall only remain
effective so long as the subject structure(s) is preserved and maintained
as the principal structure on the property;
(d)
Any deviation from the standards approved by the Commission
shall be restricted to the minimum amount deemed necessary to encourage
preservation of the historic structure(s); and
(e)
The Commission and Redevelopment Agency determine that:
[1]
The structure(s) in question contributes to community character
or possesses a degree of historic significance (which may be evidenced
by its age, architectural uniqueness, or cultural value).
[2]
If preserved, the structure would represent a cultural benefit
to the community; and
[3]
The structure in question requires some measure of regulatory
relief to allow for its preservation.
(3)
Uses which are not permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the SoNo Station Design District.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted.
(a)
Ingress or egress awning or canopy for hospitals, nursing homes,
congregate housing, medical offices and similar facilities, subject
to § 118-8101.
(b)
Outdoor storage shall be prohibited. Outdoor refuse collection
and recycling receptacles shall be located behind the front setback
and shall be screened from public view and from adjacent properties
with a six-foot-high fenced enclosure or year-round landscaped screening,
subject to Zoning Inspector approval.
(c)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
(d)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
(e)
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the applicable height limitation, except that antennas mounted on
existing buildings which meet or exceed the height limitation now
applicable may extend above the existing building height by no more
than fifteen (15) feet. In addition, the color of the building shall
be incorporated into the design of the antenna.
(f)
Commuter parking, as required by the Connecticut Department
of Transportation, shall be considered a use accessory only to the
South Norwalk Railroad Station, and shall be limited to eight hundred
thirty-five (835) spaces.
(5)
The height, bulk, location and use of all buildings in existence at the time of adoption of this section which do not conform to this section and any subsequent revisions are hereby declared to be legally nonconforming and are subject to §
118-800, Nonconformities, except as modified where necessary to conform to the Flood Hazard Zone and coastal area management provisions of these regulations. The owners of such property shall document by A-2 Survey or other means the height, bulk, location and use of the building as it had previously existed.
C. Lot and building requirements. All development and building changes
in the SoNo Station Design District must comply with the design guidelines
set forth in Sections 5.3 through 5.5 of the South Norwalk TOD Redevelopment
Plan dated September 2016. In addition, all developments are subject
to sustainability review by the Redevelopment Agency. See the Schedule
Limiting Height and Bulk of Buildings, SoNo Station Design District,
and all other applicable sections of these regulations, and in addition:
(1)
Cupolas, towers and spires, where not used for habitable space
and where not exceeding one percent (1%) of the building area, shall
be exempt from the height regulations herein, subject to the approval
of the Commission.
(2)
Open space shall include natural and landscaped areas, pedestrian
plazas, courtyards, walkways, recreation areas and the like. Such
open space shall be permitted on the roof of a structure.
(3)
Where such Schedule refers to "public realm uses," this means
uses in the "public realm," as follows: The public realm expresses
traditional New England culture while serving a diverse, multicultural
population. It is a fully accessible and engaging experience that
includes diverse public parks and civic spaces; an interconnected
system of public walkways, bicycle trails and public transit; a vibrant
and active waterfront; and active mixed use areas that are all enhanced
through high-quality architecture, streetscape design and public art.
It is safe, comfortable and responds effectively to the regional climate
and surrounding environment.
D. Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
(1)
Commuter parking is allowed as a use accessory only to the South Norwalk Railroad Station, but subject to the limitation set forth in §
118-506, Subsection
B(4)(f).
(2)
Parking spaces shall be located in the rear and/or side yard.
Parking proposed for the side yard shall be screened from the street
by landscaping.
(3)
Notwithstanding the dimensional requirements in Article
120, §
118-1230, Subsections
B and
C, parking stall dimensions and minimum aisle width within the SoNo Station Design District shall be as follows:
(a)
Parking stalls for full-size vehicles shall be eight (8) feet
three (3) inches in width and seventeen (17) feet in length.
(b)
Minimum aisle width for ninety-degrees right-angle parking shall
be twenty-six (26) feet.
(c)
Not more than thirty-five percent (35%) of the parking spaces
required shall be for compact vehicles.
(d)
The provisions of §
118-1230C(4), relating to approval of parking layouts by the Zoning Inspector, shall not apply.
(e)
A minimum of five percent (5%) of the parking spaces required
by such regulations shall include electric vehicle charging stations,
some of which may be included within the compact vehicle spaces.
E. Sign regulations. See §§
118-1290 through
118-1294, except that three (3) theater marquees may be permitted in addition to other signs permitted under said sections. Each marquee shall not exceed one hundred fifty (150) square feet in area.
[Amended effective 5-22-1958; 9-25-1981; 9-13-1985; 1-16-1987; 6-29-1990; 6-28-1991]
A. Purpose and intent. The purpose of this regulation is to provide
a district which permits a diversity of uses which serve neighborhood
retail and service needs at a scale appropriate to the residential
areas which surround it. It is intended that this Zone will encourage
mixed-use development in neighborhood commercial areas. Water-dependent
uses are encouraged to locate on those lots which are adjacent to
the waterfront. The provisions of this Zone are designed to ensure
that all permitted uses and structures will be compatible with each
other and will provide protection to adjacent residential areas.
B. Uses and structures.
(1)
Principal uses and structures. In a Neighborhood Business Zone, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. Any use or structure having a gross floor area of five thousand (5,000) square feet or more or requiring fifteen (15) parking spaces or more shall be permitted subject to the provisions of §
118-1451, Site plan review. Properties located within the coastal zone boundary shall be subject to coastal site plan review and all other requirements of §
118-1110 herein.
(a)
Single- and two-family dwellings.
(b)
Multifamily dwellings containing fewer than twelve (12) units,
including elderly and congregate housing.
(c)
Retail stores and personal and business service establishments
having a gross floor area of fewer than eight thousand (8,000) square
feet.
(d)
Offices, including medical offices, having a gross floor area
of fewer than eight thousand (8,000) square feet.
[Amended effective 9-25-2009]
(e)
Banks and financial institutions.
(f)
Restaurants and taverns having a gross floor area of fewer than
two thousand five hundred (2,500) square feet.
(g)
Places of worship, churches and church buildings.
(h)
Schools, including nursery schools and child day-care centers.
(i)
Marinas, including the sale, repair and servicing of boats,
commercial fishing and boating facilities and waterfront clubs.
(j)
Parks, playgrounds and community centers.
(l)
Off-street parking facilities.
(n)
Boutique manufacturing shall be allowed as an accessory use
to a permitted retail use, subject to compliance with the following
requirements:
[Added effective 12-24-2010]
[1]
Such boutique manufacturing shall not exceed three thousand
(3,000) square feet in area and shall be directly related to the principal
permitted retail use; and
[2]
All manufacturing activity, including the storage of all equipment,
materials and products, shall occur inside the building; no outside
storage of any kind is permitted; and
[3]
Only manufacturing processes that are not offensive with regard
to noise, light, dust and odors, and which have the same or lesser
impact than the principal retail use are permitted; and
[4]
The manufacturing activity shall occupy an area of no more than
sixty percent (60%) of the gross floor area occupied by the associated
retail establishment; and
[5]
The manufacturing process is principally artisan or fabrication
by hand, and shall not include mass production or assembly line operations;
and
[6]
The manufacturing operations will not generate excessive traffic
volumes or truck traffic in excess of that typically occurring in
the adjacent district or neighborhood; all loading activity shall
occur during daytime hours only.
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a)
Multifamily dwellings, containing twelve (12) or more units,
including elderly and congregate housing.
(b)
Retail stores and personal and business service establishments
having a gross floor area of eight thousand (8,000) square feet or
more.
(c)
Offices, including medical offices, having a gross floor area
of eight thousand (8,000) square feet or more.
[Amended effective 9-25-2009]
(d)
Restaurants and taverns having a gross floor area of two thousand
five hundred (2,500) square feet or more.
(e)
Commercial recreation establishments.
(f)
Gasoline stations and the sale and service of motor vehicles, subject to §
118-1010.
(g)
Public utility supply or storage facilities.
(h)
Halfway houses with no fewer than two hundred (200) square feet
of living area per person.
(i)
Boarding and rooming houses and group homes.
(j)
Convalescent and nursing homes.
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Neighborhood Business Zone.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted subject to the following conditions:
(a)
Outdoor storage shall be confined to the rear and side yards
only and shall be effectively screened from adjacent properties.
(b)
Accessory uses which are customarily associated with a principal
water-dependent use shall also be permitted, including the sale of
marine equipment or products, boat storage racks, dockside facilities
for dispensing fuel and restroom and laundry facilities to serve overnight
patrons.
(c)
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
fifteen (15) feet. In addition, the color of the building shall be
incorporated into the design of the antenna.
[Added effective 4-25-1997]
(d)
Ingress or egress awning or canopy for hospitals, nursing homes,
congregate housing, medical offices and similar facilities, subject
to § 118-8101.
[Added effective 9-24-2010]
(e)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(f)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(g)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable sections of these regulations,
and in addition:
(1)
Public access to waterfront.
(a)
New developments on lots adjacent to the water shall provide
public access to the waterfront. Public accessways shall be an average
of fifteen (15) feet in width and in the form of landscaped walks,
boardwalks or piers designed to encourage active use by the public.
Where access along the waterfront would in the determination of the
Commission expose the public to hazardous conditions, the Commission
may consider alternative forms of access to be provided. Reasonable
time-of-day restrictions may be established regarding such public
accessways where justified for reasons of security or public safety.
(b)
Where the principal use of the property is a single- or two-family
dwelling or a water-dependent use, the public access requirement shall
not apply.
(2)
The height, bulk, location and use of all buildings in existence
at the time of adoption of this section are hereby declared to be
in conformance with the requirements of this section, provided that
if such buildings are destroyed by fire, explosion, act of God or
act of public enemy to an extent exceeding fifty percent (50%) of
their assessed value, they may be reconstructed only if the height,
bulk, location and use of the building is substantially as it had
previously existed, subject to approval by the Director of Planning
and Zoning, except as modified where necessary to conform to the Flood
Hazard Zone and coastal area management provisions of these regulations.
The owners of such property shall document by A-2 Survey or other
means the height, bulk, location and use of the building as it had
previously existed.
(3)
Single- and two-family dwellings shall comply with the Schedule
Limiting Height and Bulk of Buildings, Residential: D Residence.
(4)
A minimum building height shall apply only to uses enumerated in Subsections
B(1) and
B(2)(a) through
(e); except that ancillary portions of buildings less than the required height shall be permitted, provided that such portions do not exceed five percent (5%) of the gross floor area.
[Added effective 3-27-2009]
(5)
Neighborhood-Business-zoned properties located in an urban renewal
area shall comply with the following additional standards:
(a)
Retail, personal and business service establishments or restaurant
uses shall be required on the ground floor.
(b)
The minimum building height shall be two stories and 25 feet.
(c)
Front yard setbacks shall not be required.
D. Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
(1)
Parking facilities and driveways shall not be closer than 20
feet to a property line which abuts a residence zone.
[Amended effective 9-10-1981; 9-25-1981; 9-13-1985; 1-16-1987; 10-1-1987; 6-28-1991; 4-24-1992; 2-26-1999]
A. Purpose and intent. The purpose of this regulation is to permit retail
stores, service shops, offices, multifamily dwellings, mixed-use development
and other compatible uses at a scale consistent with the urban location
of this district. The area within this district is intended to have
infrastructure of sufficient capacity either prior to or coincident
with permitted development.
B. Uses and structures.
(1)
Principal uses and structures. In the South Norwalk Business District, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one or more of the following uses and no other. Any use or structure having a gross floor area of 20,000 square feet or more or requiring 20 parking spaces or more shall be permitted, subject to the provisions of §
118-1110, Coastal site plan review.
(a)
All uses, including Special Permit uses, permitted in the D
Residence Zone.
[Amended effective 7-24-2015]
(b)
Offices, including medical offices.
[Amended effective 9-25-2009].
(c)
Banks and financial institutions.
(e)
Retail stores and personal and business service establishments.
(g)
Theaters and auditoriums.
(h)
Lodge, meeting and concert halls, including social clubs.
(i)
Schools, including business and trade schools, and studios.
(k)
Research and development facilities.
(m)
Off-street parking facilities.
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings — Commercial and Industrial, and any additional standards set forth herein:
(a)
Commercial recreation establishments.
(b)
Off-street parking structures and garages.
(c)
Boutique manufacturing shall be allowed as an accessory use
to a permitted retail use, subject to compliance with the following
requirements:
[Added effective 10-28-2005]
[1]
Such boutique manufacturing shall not exceed three thousand
(3,000) square feet in area and shall be directly related to the principal
permitted retail use; and
[2]
All manufacturing activity, including the storage of all equipment,
materials and products, shall occur inside the building; no outside
storage of any kind is permitted; and
[3]
Only manufacturing processes that are not offensive with regard
to noise, light, dust and odors, and which have the same or lesser
impact than the principal retail use are permitted; and
[4]
The manufacturing activity shall occupy an area of no more than
sixty percent (60%) of the gross floor area occupied by the associated
retail establishment; and
[5]
The manufacturing process is principally artisan or fabrication
by hand, and shall not include mass production or assembly line operations;
and
[6]
The manufacturing operations will not generate excessive traffic
volumes or truck traffic in excess of that typically occurring in
the adjacent district or neighborhood; all loading activity shall
occur during daytime hours only.
(d)
Electric power generator, as defined herein, subject to §
118-830B.
[Added effective 1-26-2007]
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the South Norwalk Business District.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
uses of the premises shall be permitted subject to the following restrictions:
(a)
Outdoor storage shall be prohibited.
(b)
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
fifteen (15) feet. In addition, the color of the building shall be
incorporated into the design of the antenna.
(c)
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
(d)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(e)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(f)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings — Commercial and Industrial and all other
applicable sections of these regulations and, in addition:
(1)
Multifamily dwellings shall require one thousand six hundred fifty (1,650) square feet of lot area per dwelling unit. However, multifamily developments of 19 units or less that provide a minimum of ten percent (10%) of the total number of on-site units as affordable in accordance with §
118-1050, Workforce housing regulation, shall require seven hundred eighty-five (785) square feet of lot area per dwelling unit and shall be permitted by special permit.
[Amended effective 10-29-2010]
(2)
Open space shall include natural and landscaped areas, pedestrian
plazas, courtyards, walkways, recreation areas and the like. Open
space on the roof of a structure shall be permitted, provided that
the open space requirement extends neither more than ten (10) feet
nor more than one (1) story above the center-line elevation of the
street.
(3)
All development within this zone shall comply with the architectural
design and streetscape standards defined in the Norwalk Business District
Design Guidelines.
(4)
A minimum building height shall apply only to uses enumerated in Subsection
B(1) and
(2)(a) and
(c); except that ancillary portions of buildings less than the required height shall be permitted, provided that such portions do not exceed five percent (5%) of the gross floor area.
[Added effective 3-27-2009]
D. Off-street parking and loading requirements. See §§
118-1220 through
118-1280 and, in addition:
(1)
Off-street parking structures, the roofs of which are more than
three (3) feet above the center-line elevation of the street, shall
be set back a minimum of fifty (50) feet from any property line. Off-street
parking and loading facilities shall be effectively screened from
adjacent streets and properties and landscaped with trees and shrubs.
(2)
Off-street parking facilities, structures and driveways shall
not be closer than twenty (20) feet to a property line which abuts
a residence zone.
(3)
A restaurant in existence as of July 1, 2005, and located within
six hundred feet of a municipal parking lot shall not be required
to provide additional parking for interior expansions within the existing
gross restaurant floor area of one thousand (1,000) square feet or
less. This provision shall apply to restaurant uses only and shall
not apply to floor space devoted to mixed uses.
[Added effective 1-27-2006]
(4)
Properties developed for multifamily residential use may submit a written request to utilize the transit oriented development (TOD) parking requirements shown in §
118-700D(2) to allow one (1) parking space per studio dwelling unit, one (1) parking space per one-bedroom dwelling unit and two (2) parking spaces per two-bedroom or larger dwelling unit, provided that the amount of parking spaces provided shall in no event be less than an average of 1.30 parking spaces per dwelling unit; subject to the submittal of a parking management plan and to Commission review and approval.
[Added effective 10-24-2014]
[Added effective 1-16-1987]
A. Purpose and intent. The purpose of this regulation is to permit a
diversity of uses, including offices, retail services, manufacturing
and multifamily dwellings, at a scale appropriate to the commercial,
employment and housing needs of this city. The area within this zone
is intended to have infrastructure of sufficient capacity either prior
to or coincident with permitted development. The provisions of this
zone are designed to ensure that all permitted uses and structures
will be compatible with each other and will provide protection to
adjacent residential areas.
B. Uses and structures.
(1)
Principal uses and structures. In a Business No. 1 Zone, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. Any use or structure having a gross floor area of ten thousand (10,000) square feet or more or requiring twenty-five (25) parking spaces or more shall be permitted subject to the provisions of §
118-1451, Site plan review.
(a)
All uses, including Special Permit uses, permitted in the D
Residence Zone.
[Amended effective 7-24-2015]
(b)
Offices, including medical offices and contractor's offices.
[Amended effective 9-25-2009; effective 3-29-2013]
(c)
Banks and financial institutions.
(e)
Retail stores and personal and business service shops having
a gross floor area of less than twenty-five thousand (25,000) square
feet.
[Amended effective 8-28-1998]
(g)
Theaters and auditoriums.
(h)
Lodge, meeting and concert halls, including social clubs.
(i)
Schools, including business and trade schools, and studios.
(k)
Research and development facilities.
(l)
Manufacture, processing or assembly of goods which are not noxious
or offensive due to emission of noise, pollutants or waste.
(n)
Off-street parking facilities.
(o)
Indoor contractor parking facility, subject to submittal of
environmental impact statement certified by a licensed civil or environmental
engineer.
[Added effective 12-19-2014]
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article
140, §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a)
Warehouse, storage and wholesale distribution facilities, including
package distribution facilities.
[Amended effective 9-27-1996; effective 4-29-2016]
(b)
Gasoline stations and the sale and service of motor vehicles, subject to §
118-1010.
(c)
Contractor's storage yards.
[Amended effective 3-29-2013]
(d)
Transportation terminals.
(e)
Halfway houses, with no less than two hundred (200) square feet
of living area per person.
[Added effective 6-29-1990]
(f)
Commercial recreation establishment.
[Added effective 12-7-1990]
(g)
Retail stores and personal and business service shops having
a gross floor area of twenty-five thousand (25,000) square feet or
more.
[Added effective 8-28-1998]
(h)
Helicopter landing sites, as an accessory use to a principal
permitted use, subject to Special Permit review and to the following
restrictions: the landing site shall be a minimum of 300 feet from
a residence zone and flight operations shall be restricted to the
hours of 7:00 a.m. to 7:00 p.m. only.
[Added effective 9-28-2001]
(i)
Electric power generator, as defined herein, subject to §
118-830B.
[Added effective 1-26-2007]
(j)
Medical marijuana dispensary.
[Added effective 10-30-2017]
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Business No. 1 Zone.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted, subject to the following restrictions:
(a)
Outdoor storage shall be confined to the rear and side yards
only and shall be effectively screened from adjacent properties.
(b)
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone may extend above the existing building height by no more than
15 feet. In addition, the color of the building shall be incorporated
into the design of the antenna.
[Added effective 12-20-1996]
(c)
Ingress or egress awning or canopy for hospitals, nursing homes, congregate housing, medical offices and similar facilities, subject to §
118-810I.
[Added effective 9-24-2010]
(d)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(e)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(f)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable
sections of these regulations, and in addition:
(1)
Multifamily dwellings shall require one thousand six hundred
fifty (1,650) square feet of lot area per dwelling unit.
[Amended effective 12-30-1988]
(2)
A minimum building height shall apply only to uses enumerated
in Subsections B(l)(a) through (j) and B(2)(f) and (g); except that
firehouses shall be exempt from minimum building height requirements
and buildings with a retail floor area of eighty thousand (80,000)
square feet or more located on a property that is no more than eight-tenths
(0.8) of a mile from an interstate highway exit or entrance ramp shall
be exempt from minimum building height requirements. Ancillary portions
of buildings less than the required height shall be permitted, provided
that such portions do not exceed five percent (5%) of the gross floor
area.
[Added effective 3-27-2009; amended effective 7-27-2012]
(3)
Open space shall include natural and landscaped areas, pedestrian
plazas, courtyards, walkways, recreation areas and the like. Open
space on the roof of a structure shall be permitted, provided that
the minimum open space requirement extends neither more than ten (10)
feet nor more than one (1) story above the center-line elevation of
the street.
(4)
Environmental impact statement for indoor contractor parking
facilities. No use shall be allowed that is noxious or offensive by
reason of the emission of smoke, particulate matter, noise, dust,
glare, fumes, odor, ionizing radiation, vibration, heat or any other
pollutant or waste. A written assessment of the environmental impacts
of the proposed uses shall accompany all applications for indoor contractor
parking facilities, and such statement shall be certified by a licensed
civil or environmental engineer.
[Added effective 12-19-2014]
(5)
The floor area ratio (FAR) for a storage facility shall be increased
to 1.5 when the facility is located on a parcel greater than two (2)
acres in size and that abuts a limited access highway.
[Added effective 4-24-2015]
(a)
When the storage facility is part of a mixed use development,
the increased FAR shall apply only to the storage facility component
and shall be determined by calculating the FAR for all onsite use(s),
then applying a fifty-percent (50%) increase to the square footage
allocated to the storage use only.
D. Off-street parking and loading requirements. See §§
118-1200 through
118-1260 and, in addition:
(1)
The principal use and structure of the property shall be located between the front yard and the street wall of a parking structure which is more than three (3) feet above the center-line elevation of the street, for a minimum of fifty percent (50%) of the length of the parking structure. This provision shall not be applicable to parking structures within a development park which parking structures are located more than one hundred ten (110) feet from the center-line of the street (subject to §
118-1000B) and separated from the street by a wetland or watercourse. Any portion of a parking structure which is more than three (3) feet above the centerline elevation of the street and which extends to the front yard shall be effectively screened.
[Amended effective 5-27-1994; effective 11-24-1995; effective 12-20-1996]
(2)
Parking facilities and driveways shall not be closer than twenty
(20) feet to a property line which abuts a residence zone.
F. The Business No. 1 Zone shall not apply to buildings for which a
zoning permit has been issued or Commission approval granted prior
to November 1, 1991. Such buildings may be completed in accordance
with plans filed with the Zoning Inspector or Commission prior to
such date.
[Amended effective 12-27-1991]
[Added effective 1-16-1987]
A. Purpose and intent. The purpose of this regulation is to permit retail
stores, service shops, mixed-use development, artist workspace and
other compatible uses at a scale appropriate to the commercial, employment
and housing needs of this city. The area within this zone is intended
to have infrastructure of sufficient capacity either prior to or coincident
with permitted development. The provisions of this zone are designed
to ensure that all permitted uses and structures will be compatible
with each other and will provide protection to adjacent residential
areas.
[Amended effective 3-1-2013]
B. Uses and structures.
(1)
Principal uses and structures. In a Business No. 2 Zone, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. Any use or structure having a gross floor area of eight thousand (8,000) square feet or more or requiring twenty (20) parking spaces or more shall be permitted subject to the provisions of §
118-1451, Site plan review.
(a)
All uses, including Special Permit uses, permitted in the D
Residence Zone.
[Amended effective 7-24-2015]
(b)
Offices, including medical offices, and contractor's offices.
[Amended effective 1-26-2001; effective 9-25-2009]
(c)
Banks and financial institutions.
(e)
Retail stores and personal and business service shops having
a gross floor area of less than twenty-five thousand (25,000) square
feet.
[Amended effective 8-28-1998]
(g)
Theaters and auditoriums.
(h)
Lodge, meeting and concert halls, including social clubs.
(i)
Schools, including business and trade schools, and studios.
(k)
Research and development facilities.
(m)
Off-street parking facilities.
(n)
The expansion of an existing manufacturing use, provided that
the use has not been discontinued or abandoned for a continuous period
of one (1) year or more, in which case a Special Permit shall be required.
[Added effective 12-27-1991]
(o)
Child day-care centers.
[Added effective 12-23-2011]
(p)
Indoor contractor parking facility, subject to submittal of
environmental impact statement certified by a licensed civil or environmental
engineer.
[Added effective 12-19-2014]
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article
140, §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a)
New manufacturing facilities, limited to the processing or assembly
of goods which are not noxious due to emission of noise, pollutants
or waste.
[Amended effective 12-27-1991]
(b)
Warehouse and wholesale distribution facilities, including package
distribution facilities.
[Amended effective 4-29-2016]
(c)
Gasoline stations and the sale and service of motor vehicles, subject to §
118-1010.
(d)
Halfway houses, with no less than two hundred (200) square feet
of living area per person.
[Added effective 6-29-1990]
(e)
Commercial recreation establishment.
[Added effective 12-7-1990]
(f)
The expansion of an existing contractor's storage yard,
provided that the use has not been discontinued or abandoned for a
continuous period of one (1) year or more.
[Added effective 11-24-1995; amended effective 3-29-2013]
(g)
Animal care centers, provided that the use is fully enclosed
within a structure located on a lot a minimum of two (2) acres in
size, that the structure is located a minimum of two hundred (200)
feet from a residential structure as certified by a licensed surveyor
and that adequate provisions are made to control noise and odors emanating
from the facility, subject to approval by the Zoning Commission.
[Added effective 3-29-1996]
(h)
Extended stay hotels, subject to a minimum lot size of four
(4) acres or more in size.
[Added effective 8-29-1997]
(i)
Retail stores and personal and business service shops having
a gross floor area of twenty-five thousand (25,000) square feet or
more.
[Added effective 8-28-1998]
(j)
Helicopter landing sites, as an accessory use to a principal
permitted use, subject to Special Permit review and to the following
restrictions: the landing site shall be a minimum of 300 feet from
a residence zone and flight operations shall be restricted to the
hours of 7:00 a.m. to 7:00 p.m. only.
[Added effective 9-28-2001]
(k)
Electric power generator, as defined herein, subject to §
118-830B.
[Added effective 1-26-2007]
(l)
Artist workspace, up to a maximum of twenty percent (20%) of
the existing gross floor area.
[Added effective 3-1-2013]
(m)
Contractor's storage yard located on a parcel a minimum
of two acres in size that abuts a limited access highway and that
the site does not abut an existing multifamily development in the
Business No. 2 Zone.
[Added effective 2-26-2016]
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Business No. 2 Zone.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted subject to the following restrictions:
(a)
Outdoor storage shall be confined to the rear and side yards
only and shall be effectively screened from adjacent properties.
(b)
Commercial communication antennas are permitted as an accessory
use when located on an existing building or structure, subject to
the height limitation of that zone, except that antennas mounted on
existing buildings which meet or exceed the height limitation of that
zone, may extend above the existing building height by no more than
15 feet. In addition, the color of the building shall be incorporated
into the design of the antenna.
[Added effective 12-20-1996]
(c)
Ingress or egress awning or canopy for hospitals, nursing homes,
congregate housing, medical offices and similar facilities, subject
to § 118-8101.
[Added effective 9-24-2010]
(d)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(e)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(f)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable
sections of these regulations, and in addition:
(1)
Multifamily dwellings shall require one thousand six hundred
fifty (1,650) square feet of lot area per dwelling unit.
[Amended effective 12-30-1988]
(2)
A minimum building height shall apply only to uses enumerated in Subsection
B(1)(a) through
(j) and
B(2)(e),
(g) through
(i); except that firehouses shall be exempt from minimum building height requirements and buildings with a retail floor area of eighty thousand (80,000) square feet or more located on a property that is no more than eight-tenths (0.8) of a mile from an interstate highway exit or entrance ramp shall be exempt from minimum building height requirements. Ancillary portions of buildings less than the required height shall be permitted, provided that such portions do not exceed five percent (5%) of the gross floor area. On parcels five (5) acres or larger in size, a maximum building height of four (4) stories and fifty (50) feet shall be permitted.
[Added effective 12-27-1991; amended effective 3-27-2009; effective 7-27-2012]
(3)
Except where the abutting property is within a limited access
highway or railroad right-of-way, any portion of a building within
fifty (50) feet of an abutting residence zone shall not exceed three
(3) stories and thirty five (35) feet in height.
[Added effective 12-27-1991; amended effective 8-30-2002]
(4)
Open space shall include natural and landscaped areas, pedestrian
plazas, courtyards, walkways, recreation areas and the like. Open
space on the roof of a structure shall be permitted, provided that
the minimum open space requirement extends neither more than ten (10)
feet nor more than and one (1) story above the center-line elevation
of the street.
(5)
Environmental impact statement for indoor contractor parking
facilities. No use shall be allowed that is noxious or offensive by
reason of the emission of smoke, particulate matter, noise, dust,
glare, fumes, odor, ionizing radiation, vibration, heat or any other
pollutant or waste. A written assessment of the environmental impacts
of the proposed uses shall accompany all applications for indoor contractor
parking facilities, and such statement shall be certified by a licensed
civil or environmental engineer.
[Added effective 12-19-2014]
D. Off-street parking and loading requirements. See §§
118-1200 through
118-1260, and in addition:
(1)
The principal use and structure of the property shall be located between the front yard and the street wall of a parking structure which is more than three feet above the center-line elevation of the street, for a minimum of 50% of the length of the parking structure. This provision shall not be applicable to parking structures within a development park which parking structures are located more than 110 feet from the center-line of the street (subject to §
118-1000B) and separated from the street by a wetland or watercourse. Any portion of a parking structure which is more than three feet above the center-line elevation of the street and which extends to the front yard shall be effectively screened, except that any parking structures in existence at the time of adoption of this subsection are hereby declared to be in conformance with the requirements of this subsection, provided that if such structures are destroyed by fire, explosion, act of God or act of public enemy to an extent exceeding 50% of their assessed value, they may be reconstructed only if the height, bulk, location and use of the structure is substantially as it had previously existed, subject to approval by the Director of Planning and Zoning, except as modified to conform to the Flood Hazard Zone of these regulations.
[Amended effective 5-27-1994; 11-24-1995; effective 12-20-1996]
(2)
Parking facilities and driveways shall not be closer than 20
feet to a property line which abuts a residence zone.
F. The Business No. 2 Zone shall not apply to buildings for which a
zoning permit has been issued or Commission approval granted prior
to November 1, 1991. Such buildings may be completed in accordance
with plans filed with the Zoning Inspector or Commission prior to
such date.
[Amended effective 12-27-1991]
[Added effective 12-19-1969; amended effective 9-25-1981; effective 9-13-1985; effective 1-16-1987; effective 9-11-1987; effective 6-27-2003; effective 4-29-2005]
A. Purpose and intent. The purpose of this zone is to protect and enhance
the unique character of neighborhood commercial areas which are located
adjacent to the waterfront and to ensure that the unique character
of this district is maintained for future generations in accordance
with Connecticut General Statutes Section 8-2j, Village districts.
It is intended that this zone will encourage water-dependent uses
while at the same time permitting commercial and other uses which
fulfill a neighborhood need. It is further intended that all uses
and structures be compatible with one another and with the established
character of the Rowayton Avenue Village District. Development shall
be in a manner consistent with the goals and policies of the Coastal
Management Act, and public access to and along the waterfront, including
visual access, shall be retained or provided.
B. Uses and structures. This district is located entirely within the coastal boundary and, as such, all uses and structures, unless exempt, shall comply with the coastal site plan review requirements in Article
111, §
118-1110, herein. All uses and structures located on parcels abutting navigable waters shall retain existing water-dependent uses, to the maximum extent practicable; new water-dependent uses are strongly encouraged.
(1)
Principal uses and structures. In the Rowayton Avenue Village
District, premises shall be used and buildings shall be erected which
are used, designed or intended to be used for one (1) or more of the
following uses and no others:
(a)
Single- and two-family dwellings.
(c)
Retail stores and personal and business service establishments.
(d)
Offices, including medical offices.
[Amended effective 9-25-2009]
(e)
Banks and financial institutions, excluding drive-in facilities.
(f)
Restaurants, excluding drive-in facilities, and taverns.
(g)
Marinas including the sale, repair and servicing of boats, a
sail loft, ship chandlery, rental of boats and marine equipment and
boat storage.
(h)
Commercial fishing and boating facilities.
(i)
Parks and playgrounds and community centers.
(j)
Municipal public parking.
(2)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article
140, §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a)
Public utility supply or storage facilities.
(3)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted.
(a)
Ingress or egress awning or canopy for hospitals, nursing homes,
congregate housing, medical offices and similar facilities, subject
to § 118-8101.
[Added effective 9-24-2010]
(b)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(c)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(d)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
(4)
Uses which are not permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Rowayton Avenue Village District.
C. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable
sections of these regulations and in addition:
(1)
The height, bulk, location and use of all buildings in existence
at the time of adoption of this section are hereby declared to be
in conformance with the requirements of this section, provided that
if such buildings are destroyed by fire, explosion, act of God or
act of public enemy to an extent exceeding fifty percent (50%) of
their assessed value, they may be reconstructed only if the height,
bulk, location and use of the building is exactly as it had previously
existed, except as modified where necessary to conform with the flood
hazard zone and coastal area management provisions of these regulations.
The owners of such properties shall document, by an A-2 Survey or
other means, the height, bulk, location and use of the building as
it had previously existed.
(2)
Village District Review Standards.
(a)
The Commission shall hire a Village District Consultant, who
shall be an architect, landscape architect or certified planner, with
pertinent experience, to review the design of new construction and
substantial rehabilitation of all properties within the district.
The report of such consultant shall be entered into the public hearing
record and considered by the Commission in making its decision.
(b)
Criteria. New construction and substantial rehabilitation to
existing structures, including those listed on the Norwalk Historic
Resources Inventory, shall be harmoniously related to their surroundings
and shall be consistent with the Connecticut Historical Commission
— Secretary of the Interior's Standards for Rehabilitation,
as applicable. All such development shall be consistent with the criteria
defined in the Connecticut General Statutes section 8-2j, Village
Districts, including but not limited to the following criteria, subject
to final review and approval by the Commission:
[1]
Building design, scale and compatibility. The color, size, height,
location, proportion of openings, roof treatments, building materials,
and any proposed signs and lighting shall be consistent with the local
architectural motif and with the unique elements of the district,
including maintenance of historic buildings, monuments and landscaping.
The removal or disruption of historic or significant structures or
architectural elements shall be minimized.
[2]
Streetscape standards and landscaping. All spaces, structures
and related site improvements visible from public roadways shall be
designed to be consistent with the elements of the district in and
around the proposed modification.
(3)
Single- and two-family dwellings shall comply with the Schedule
Limiting Height and Bulk of Buildings, Residential.
(4)
Multifamily dwellings shall not exceed a density of one (1)
unit per one thousand six hundred fifty (1,650) square feet of lot
area and shall comply with the Schedule Limiting Height and Bulk of
Buildings, Commercial and industrial.
(5)
Properties located on the waterfront shall provide public access
adjacent to the water, which shall be a minimum of fifteen (15) feet
in width, and access from the street to the water, subject to Commission
approval. Such public accessways shall be in the form of landscaped
walks, esplanades, boardwalks or piers, of suitable design to encourage
active use by the public, and shall be dedicated as such in the deed
to the property. Reasonable time of day restrictions may be established
regarding such accessways, where justified for reasons of security
or public safety. Where the principal use of the property is a single-
or two-family dwelling, the public access requirement shall not apply.
An infringement on the fifteen-foot wide access may be granted where
the Commission finds that: 1) the integrity of the access is maintained;
2) a fee in the amount of one hundred fifty dollars ($150) for each
square foot of encroachment is paid to be utilized for designated
public recreational facilities in the district; and 3) where an improved
five-foot wide walkway from the street to the waterfront is provided;
subject to approval by the Commission.
[Amended effective 7-25-2008]
(6)
Historically significant buildings constructed on or before
1900, said year to be determined by the records of the Office of the
Tax Assessor of the City of Norwalk, are hereby declared to be in
compliance with the height and bulk requirements of this section.
Modifications and additions to such buildings shall conform to and
be compliant with the height and bulk requirements of this section
and the Village District Review Standards. However, the Zoning Commission
may, upon written request, waive up to thirty (30%) percent of the
height and bulk requirements for modifications and additions to such
buildings, where it is determined that such waiver(s) would assist
in the preservation and reuse of historic structures, and compliance
with the Village District Design Guidelines.
(7)
Multifamily residential buildings on waterfront lots shall be
permitted to increase the allowable floor area ratio (FAR) by ten
percent (10%), provided that all of the required parking is concealed
within the building, a minimum of fifteen percent (15%) of the total
site area is dedicated to public waterfront access and a twenty-five-foot
wide unobstructed public view corridor from the street to the water
is provided; subject to approval by the Commission.
[Added effective 7-25-2008]
(8)
For structures located in a flood zone, an additional story
of a multifamily building devoted entirely to parking shall be permitted
and shall not constitute a full story where the ceiling is more than
three (3) feet above the average elevation of the finished grade of
the street facade, provided that the building does not exceed thirty-five
(35) feet in height.
[Added effective 7-25-2008]
[Added effective 6-27-2008]
A. Purpose and intent. It is the purpose of this zone to ensure that
the unique character of this district is maintained for future generations
in accordance with Connecticut General Statutes Section 8-2j, Village
Districts, and to provide for the existing uses and structures to
be maintained, including inns, restaurants, country stores and other
compatible uses which will meet existing and future needs within the
district, including cluster housing and related accessory uses which
complement the village district character of the site. The provisions
of this zone are intended to preserve and enhance the character of
the Silvermine Tavern Village District by encouraging the preservation
of existing buildings of unique historical and architectural value
and assuring that any new structures and uses will be in keeping with
the established character of the area. The district is also intended
to preserve public access to and along the waterfront, including visual
access, which shall be retained or provided as part of all new development.
[Amended effective 2-28-2014]
B. Uses and structures.
(1)
Principal uses and structures. Premises and buildings shall be used only as defined in Subsection
B(2), except that the zoning district in existence prior to the amendment of the Zoning Map establishing this zone, the use of premises and buildings shall be permitted in accordance with the requirements of such prior district. (Note prior zones: A and AA Residence)
(2)
Village District uses and structures. In the Silvermine Tavern Village District, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no others. The following uses shall be permitted by Special Permit in a Silvermine Tavern Village District in accordance with the provisions of Article
140, §
118-1450, Special Permit, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and with any additional Village District standards set forth herein:
(a)
Retail stores and up to three (3) multifamily dwelling units
or four (4) inn rooms in an existing structure a minimum of 80 years
old (store built 1920).
[Amended effective 2-28-2014]
(b)
Hotels and inns in an existing structure a minimum of 100 years
old with additions up to 50 years old (inn built 1790 and mill in
1800).
(c)
Restaurants in an existing structure a minimum of 100 years
old and a minimum of ten thousand (10,000) square feet, except that
no drive-in or take-out restaurants shall be permitted.
(d)
Off-street parking providing parking for one of above uses.
(e)
Clustered single-family dwellings, a maximum of four (4) new
dwellings and one (1) dwelling unit in an existing structure with
a separate guest house, on a minimum of three (3) acres. New clustered
dwellings shall not exceed a maximum of four thousand four hundred
(4,400) square feet of gross floor area per unit including a minimum
of one thousand one hundred fifty (1,150) square feet of basement
floor area, and shall not exceed one and one-half (1 1/2) stories
and a maximum height of thirty (30) feet to the peak of a pitched
roof.
[Added effective 2-28-2014]
(3)
Uses which are not otherwise permitted in Subsection
B(1) and
(2) above shall not be permitted by variance in the Silvermine Tavern Village District.
(4)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted and subject to the following
restrictions:
(a)
Guest rooms, meeting rooms, and accessory office uses shall
be permitted within a structure located on a separate lot as accessory
to a principal use except that no outdoor music shall be permitted.
Meeting rooms shall be limited to the first floor.
(b)
Artist studios and spas shall be permitted as an accessory use
within the district.
(c)
Farmers markets shall be permitted within the district on a
seasonal basis.
(d)
Parking shall be permitted within an existing barn a minimum
of 60 years old.
(e)
Fences and landscape shall be located so as not to obstruct
views of the river from the street or public right-of-way.
(f)
Common accessory uses and structures associated with residential
dwellings, including sheds, decks and the like, shall be permitted
as accessory to a single-family residence subject to accessory structure
setback requirements of the underlying residence zone.
[Added effective 2-28-2014]
(g)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Village District review standards. All uses and structures located
in the Silvermine Tavern Village District shall be subject to design
review in accordance with the following standards:
(1)
The Commission shall hire a Village District consultant, who
shall be an architect, landscape architect or certified planner, with
pertinent experience, which may include historic preservation, to
review the design of new construction and substantial rehabilitation
of all properties within the district. The report of such consultant
shall be entered into the public hearing record and considered by
the Commission in making its decision.
(2)
Criteria: New construction and substantial rehabilitation of
existing structures, including those listed on the Norwalk Historic
Resources Inventory, shall be harmoniously related to their surroundings
and shall be consistent with the Connecticut Commission on Culture
and Tourism — Secretary of the Interior's Standards for
Rehabilitation, as applicable. All applications shall demonstrate
how such development is consistent with the criteria defined in Connecticut
General Statutes Section 8-2j, Village Districts, including but not
limited to the following criteria, subject to final review and approval
by the Commission:
(a)
Building design, scale and compatibility: The color, size, height,
location, proportion of openings, roof treatments, building materials,
and any proposed signs, accessory structures and lighting shall be
consistent with the local architectural motif and with the unique
elements of the district, including maintenance of historic buildings,
monuments and landscape. The removal or disruption of historic or
significant structures or architectural elements shall be minimized.
(b)
Streetscape standards and landscape: All spaces, structures
and related site improvements visible from public roadways shall be
designed to be consistent with the elements of the district in and
around the proposed modification. All utilities and loading areas
shall be designed to limit their exposure to the street and to adjacent
residential properties.
D. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings, Commercial and Industrial, and all other applicable
sections of these regulations, and in addition:
(1)
The height, bulk, location and use of all buildings in existence
at the time of adoption of this section are hereby declared to be
in conformance with the requirements of this section, provided that
if such buildings are destroyed by fire, explosion, act of God or
act of public enemy to an extent exceeding fifty percent (50%) of
their assessed value, they may be reconstructed only if the height,
bulk, location and use of the building is exactly as it had previously
existed, except as modified where necessary to conform with the flood
hazard zone provisions of these regulations. The owners of such properties
shall document, by an A-2 Survey or other means, the height, bulk,
location and use of the building as it had previously existed.
(2)
Additional standards for Silvermine Tavern Village District
development:
(a)
All Village District principal uses shall be located within
an existing historic structure(s), except as noted below, located
on a lot or lots maintained in single ownership and comprising a minimum
area of three (3) acres or more. Said lot(s) may include land area
located on parcels separated by public streets and include land area
partially covered by water; and
(b)
In addition to the single-family residences permitted in Subsection
B(2)(e),
a new barn structure up to a maximum of two thousand (2,000) square feet that will replace an existing barn structure to be removed; and additions to existing structures, up to a maximum gross floor area of one thousand (1,000) square feet total for all existing buildings. Such work on additions shall be allowed only if required by codes and ordinances of the City or ordered by any City official charged with protecting the health, safety and public welfare. The new barn structure shall be permitted subject to the following criteria:
[Amended effective 2-28-2014]
[1]
The front facade of such structure shall be located no closer
than fifteen (15) feet and no more than twenty-five (25) feet from
the front property line with entry doors facing the street, and shall
not exceed fifty (50) feet in depth; and
[2]
The length of the new structure shall occupy a minimum of fifty
(50) feet at the front setback line; and
[3]
The new structure shall be a maximum of thirty-five (35) feet
in height to the peak; and
[4]
All required parking shall be adequately screened with a fifteen-foot
landscaped buffer strip along the street, with no garage openings
directly facing the street.
[5]
Porches, porticos and a valet parking booth shall be permitted
and are exempt from the above limits on lot width and gross floor
area.
(3)
Single-family dwellings located in the Silvermine Tavern Village
District shall comply with the Schedule Limiting Height and Bulk of
Buildings, Residential Part I, for the former underlying residence
zone, either A or AA Residence Zone.
(4)
Public access: Properties located on the Silvermine River shall
provide public access adjacent to the water, which shall be a minimum
of one hundred (100) linear feet of riverfront, may provide seating
areas accessible to the public and may provide access from the street
to the water, subject to Commission approval. Such public accessways
may be in the form of landscaped walks and footpaths of suitable design
to encourage active use by the public, and shall be dedicated as such
in the deed to the property. Reasonable time-of-day restrictions may
be established regarding such accessways, where justified for reasons
of security or public safety. Where the principal use of the property
is a single-family dwelling, the public access requirement shall not
apply.
E. Off-street parking and loading requirements. See §§
118-1200 through
118-1260 except that:
(1)
Off street parking facilities shall be provided on the same
lot where the use occurs or on an adjacent lot located within six
hundred (600) feet measured along adjacent streets. All such off-premises
parking sites shall be subject to approval by the Zoning Inspector
for accessibility, safety, convenience and ready identification. An
instrument (deed restriction), approved by the Zoning Inspector, which
dedicates the use of such off-premises parking site shall be recorded
in the Norwalk land records.
(2)
All new parking areas shall be designed to provide a landscaped
year-round buffer on all sides abutting residentially zoned properties
in accordance with setbacks shown on the Village District Map and
shall be designed with pervious surfaces. Dropoff areas between buildings
and the street shall not require a setback and shall be designed with
articulated paving materials (i.e.: Belgian block, brick pavers, cobblestones
and the like). Up to six (6) parking spaces for use by the inn and
located behind the front setback on the inn property may utilize a
drop-off area for backing out of such parking spaces, provided that
no parking shall be permitted in the drop-off area.
[Amended effective 2-28-2014]
(3)
Parking requirements may be reduced with a valet parking credit
of up to twenty-five percent (25%) and tandem spaces may be utilized
for valet parking. Valet parking shall be limited to parcels a minimum
of one (1) acre in size and shall require that a detailed parking
plan be submitted, subject to review and approval by the Commission.
The Commission may require that a bond be posted to guarantee that
there will be no impacts due to the valet parking plan and may require
that police officers be hired to manage traffic during special events.
(4)
All new outdoor dining facilities shall be subject to annual
renewal of required zoning. Outdoor dining facilities shall be exempt
from off-street parking requirements for new structures with meeting
rooms from April first to November first subject to annual renewal
of a zoning permit.
[Added effective 1-28-2010]
A. Purpose and intent. It is the purpose of this zone to ensure that
the unique character of this district is maintained for future generations
in accordance with Connecticut General Statutes Section 8-2j, Village
districts, and to provide areas primarily for small-scale retail,
office, multifamily and other compatible uses which will meet existing
and future needs within the district. The provisions of this zone
are intended to preserve and enhance the character of the Golden Hill
Village District by encouraging new development which maintains the
neighborhood character of this local shopping district and by assuring
that all new structures and uses will be in keeping with the established
character of the area.
B. Uses and structures.
(1)
Principal uses and structures. In a Golden Hill Village District, premises shall be used and buildings shall be erected which are used, designed or intended to be used for one (1) or more of the following uses and no other. Any use or structure having a gross floor area of five thousand (5,000) square feet or more or requiring fifteen (15) parking spaces or more shall be permitted subject to the provisions of §
118-1451, Site plan review.
(a)
Single- and two-family dwellings.
(b)
Retail stores and personal and business service establishments
having a gross floor area of no more than eight thousand (8,000) square
feet.
(c)
Banks and financial institutions.
(d)
Restaurants (excluding taverns and drive-in facilities) having
a gross floor area of fewer than two thousand five hundred (2,500)
square feet, including outdoor dining.
(e)
Parks, playgrounds and community centers.
(g)
Municipal off-street public parking facilities.
(h)
Municipal motor vehicle repair facilities as part of a municipal
off-street public parking facility.
(i)
Places of worship.
[Added effective 7-24-2015]
(2)
The following uses shall be permitted only above the first floor:
(a)
Multifamily dwellings, including elderly and congregate housing.
(3)
Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of §
118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings—Commercial and Industrial, and any additional standards set forth herein:
(a)
Restaurants (excluding taverns and drive-in facilities) having
a gross floor area of two thousand five hundred (2,500) square feet
or more.
(b)
Public utility supply or storage facilities.
(c)
Boarding and rooming houses and group homes.
(d)
Convalescent and nursing homes.
(4)
Uses which are not otherwise permitted in Subsection
B(1),
(2) and
(3) above shall not be permitted by variance in the Golden Hill Village District.
(5)
Accessory uses and structures. Accessory uses and structures
which are incidental to and customarily associated with the principal
use of the premises shall be permitted subject to the following conditions:
(a)
Outdoor storage shall be confined to the rear and side yards
only and shall be effectively screened from adjacent properties.
(b)
Outdoor refuse collection and recycling receptacles shall be
located behind the front setback and shall be screened from public
view and from adjacent properties with a six-foot-high fenced enclosure
or year-round landscaped screening, subject to Zoning Inspector approval.
[Added effective 7-29-2011]
(c)
Where permitted by the Commission, entertainment in the form
of live music shall be permitted as accessory to a restaurant use,
provided that all windows and doors shall remain closed while the
entertainment is underway, except for the normal passage of people
into and out of the premises.
[Added effective 9-30-2011]
(d)
All rooftop mechanical equipment, including all heating, ventilation
and air-conditioning (HVAC) units, shall be set back a minimum of
ten (10) feet from the edge of the roof and fully screened with architecturally
compatible screening.
[Added effective 9-26-2014]
C. Village District review standards: All uses and structures located
in the Golden Hill Village District shall be subject to design review
in accordance with the following standards:
(1)
The Commission shall hire a Village District consultant, who
shall be an architect, landscape architect or certified planner, with
pertinent experience, to review the design of new construction and
substantial rehabilitation of all properties within the district.
The report of such consultant shall be entered into the public hearing
record and considered by the Commission in making its decision.
(2)
Criteria: New construction and substantial rehabilitation of
existing structures shall be harmoniously related to their surroundings
and shall be consistent with the character of the district and with
Connecticut Historical Commission — Secretary of the Interior's
Standards for Rehabilitation, as applicable. All applications shall
demonstrate how such development is consistent with the criteria defined
in Connecticut General Statutes Section 8-2j, Village districts, including
but not limited to the following criteria, subject to final review
and approval by the Commission:
(a)
Building design, scale and compatibility: The color, size, height,
location, proportion of openings, roof treatments, building materials,
and any proposed signs, accessory structures and lighting shall be
consistent with the local architectural motif and with the unique
elements of the Village District, including buildings, monuments,
landscaping and adjacent historic buildings.
(b)
Streetscape standards and landscaping: All spaces, structures
and related site improvements visible from public roadways shall be
designed to be consistent with the elements of the district in and
around the proposed modification. All utilities and loading areas
shall be designed to limit their exposure to the street and to adjacent
residential properties.
D. Lot and building requirements. See the Schedule Limiting Height and
Bulk of Buildings — Commercial and Industrial and all other
applicable sections of these regulations, and in addition:
(1)
The height, bulk, location and use of all buildings in existence
at the time of adoption of this section are hereby declared to be
in conformance with the requirements of this section, provided that
if such buildings are destroyed by fire, explosion, act of God or
act of public enemy to an extent exceeding fifty percent (50%) of
their assessed value, they may be reconstructed only if the height,
bulk, location and use of the building is substantially as it had
previously existed, subject to approval by the Director of Planning
and Zoning, except as modified where necessary to conform to the Flood
Hazard Zone and coastal area management provisions of these regulations.
The owners of such property shall document by A-2 Survey or other
means the height, bulk, location and use of the building as it had
previously existed.
(2)
Single- and two-family dwellings shall comply with the Schedule
Limiting Height and Bulk of Buildings — Residential: D Residence.
(3)
Additional standards for Golden Hill Village District development:
(a)
All properties shall provide a building or buildings along the
street, provided that:
[1]
All such building(s) shall be located no more than five (5)
feet from the front property line with entry doors facing the street;
and
[2]
All required parking shall be located behind such structure
and adequately screened with a five-foot landscaped buffer strip,
with no garage openings directly facing the street; and
[3]
Existing structures that do not comply with the above requirements
are hereby declared to be in conformance with these regulations, provided
that such structures are maintained, rehabilitated, and integrated
into the proposed development. An existing building without required
parking may be demolished and reconstructed at the same size without
losing nonconforming parking allowance, provided that plans have been
approved in advance of any demolition and that construction starts
within one hundred eighty (180) days of Commission approval. All such
plans and building designs shall comply with the Village District
Review Standards and the above additional standards.
E. Off-street parking and loading requirements. See §§
118-1200 through
118-1260, except that:
(1)
Parking facilities and driveways shall not be closer than twenty
(20) feet to a property line which abuts a residence zone.
(2)
The amount of off-street parking spaces required for two (2)
or more different uses on the same premises shall be twenty-five percent
(25%) less than the sum of the minimum number of parking spaces required
for each use.
(3)
Municipal off-street parking facilities may be utilized to meet
required off-street parking requirements within the district, provided
that the location and design of such facilities meets appropriate
standards for accessibility, safety, convenience and ready identification
and the use of such off-premises parking site is approved in advance
by the Commission, subject to the following condition:
(a)
That for a period of three (3) years after a certificate of
zoning compliance is issued for the use, the owner or proprietor shall
purchase parking passes from the Norwalk Parking Authority to adjust
for any shortfall in the total number of required parking spaces and
shall deposit a sum equal to the total number of parking passes purchased
for two (2) calendar years with the City. After the expiration of
five (5) years, the Commission shall waive the continued purchases
of parking passes where the applicant has demonstrated to the satisfaction
of the Commission that fewer parking spaces have been sufficient for
such use.
(4)
Traffic calming measures shall be encouraged, including the
provision of head-in parking designed with distinctive pavers and
with a five-foot sidewalk along the street, subject to review and
approval by the Department of Public Works.
(5)
Outdoor dining facilities shall be exempt from off street parking
requirements from April 1 to November 1, subject to annual renewal
of a zoning permit.