[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). |