[Amended effective 2-24-1989]
A. 
Purpose and intent. There exists throughout Norwalk lawful lots, structures and uses of land and structures which are nonconforming because they do not comply with these regulations as originally adopted or subsequently amended. The purpose of this regulation is to permit nonconformities to continue, but to strictly limit the extent to which nonconformities may be established, continued, expanded or altered. This regulation is intended to bring nonconforming uses into conformity with the regulations as quickly as the fair interests of the parties will permit.
B. 
General regulations.
(1) 
A nonconforming lot, structure or use of land and structure which lawfully exists before the effective date of these regulations or amendments thereto may be continued, subject to the provisions of this section.
(2) 
A nonconforming lot, structure or use of land and structure shall be deemed to have existed before the effective date of these regulations or amendments thereto if:
(a) 
The parcel of land was recorded as a legal building lot in the Norwalk Land Records; or
(b) 
The use was in being on a continuous basis; or
(c) 
A zoning permit has been issued or Commission approval granted and work shall be completed according to such approved plans.
(3) 
The presence of a nonconformity shall not, in itself, be considered grounds for the issuance of a variance for any other property.
(4) 
A use permitted in a zone by Special Permit, in accordance with the provisions of Article 140, § 118-1450, Special Permits, is deemed to be a conforming use in such zone.
(5) 
A nonconforming structure or structure devoted to a nonconforming use may have the following work performed:
(a) 
Ordinary repairs and repair or replacement of nonbearing walls, roofs, fixtures, wiring or plumbing.
(b) 
Any work required by the codes and ordinances of the city or ordered by any city official charged with protecting the public health, safety and welfare, provided that such work does not enlarge or extend the nonconformity.
(6) 
A nonconforming structure or a structure devoted to a nonconforming use which is destroyed by any means to the extent of more than 50% of its market value at the time of its destruction shall not thereafter be reconstructed except in conformance with these regulations.
(7) 
A nonconforming structure or a structure devoted to a nonconforming use which is destroyed by any means to the extent of 50% or less of its market value at the time of its destruction may be reconstructed, provided that such reconstruction commences within one year from the date of destruction and is diligently prosecuted to completion within two years from the date of destruction, and further provided that such reconstruction does not enlarge or extend the nonconformity.
C. 
Nonconforming uses.
(1) 
A nonconforming use of land or structure shall not be enlarged, extended or altered unless the use is changed to one permitted in the zone in which it is located. No nonconforming use shall be extended or expanded by variance.
(2) 
A nonconforming use which has been changed to a conforming use shall not thereafter be changed to a use not permitted in the zone in which it is located.
(3) 
A nonconforming use shall not be moved to another part of the land or structure, unless as a result of the move the use is made to conform to these regulations.
(4) 
A nonconforming use of land or structure may be changed to another nonconforming use:
(a) 
Provided that a Special Exception as per § 118-1410A(2)(e) is granted by the Zoning Board of Appeals upon a finding that:
[1] 
The proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use.
[2] 
The proposed use will have the same impact or a lesser impact upon the surrounding area than the existing nonconforming use.
(b) 
Provided that the cost of structural alterations to a structure changed to a new nonconforming use shall not exceed 25% of the assessed value of the existing structure.
(5) 
A nonconforming use of land or structure which is discontinued or abandoned for a continuous period of one year shall thereafter be used in conformance with the zone in which it is located; except where the intent to continue such a nonconforming use of land or structure can be demonstrated to the satisfaction of the Zoning Board of Appeals, as permitted by § 118-1410A(2)(f).
[Amended effective 5-26-2000]
D. 
Nonconforming structures.
[Amended effective 1-28-2005; effective 4-29-2005]
(1) 
A nonconforming structure shall not be enlarged or altered if the result would be an increase in the extent to which the structure does not conform to these regulations. A nonconforming structure may be enlarged or altered, provided that the enlargement or alteration conforms to these regulations. A change of use from a single-family residence to a two-family residence shall be permitted, provided that any alteration conforms to these regulations, including off-street parking requirements.
(2) 
A nonconforming structure shall not be moved unless, as a result of the move, the structure is made to conform to these regulations.
(3) 
Where a change of use would create new setbacks, any structure which lawfully existed before such change shall be rendered legally nonconforming, provided that the existing structure is effectively screened from adjacent properties, subject to the satisfaction of the Zoning Inspector.
E. 
Nonconforming lots.
(1) 
In any zone a parcel of land constituting a legal building lot which is recorded in the Norwalk Land Records before the effective date of these regulations or amendments thereto, which does not conform to these regulations and which is in separate ownership from adjoining lots, may be improved in conformance with these regulations.
(2) 
If two or more adjoining parcels of land are in single ownership and are recorded in the Norwalk Land Records as separate legal building lots before the effective date of these regulations, or amendments thereto, and if one or more of the lots do not conform to these regulations, then such lot or lots shall be considered to be an undivided parcel for the purpose of this regulation, and no portion of said parcel shall be used or sold so as to diminish conformance with these regulations, except as may be granted by Special Exception by the Zoning Board of Appeals.
[Amended effective 7-15-1971; effective 12-5-1973]
A. 
No existing building shall be altered, enlarged or rebuilt except in conformity with the regulations herein prescribed. Unless otherwise expressly provided, the terms "rear yard," "front yard" and "side yard," when used in these regulations, shall be deemed to refer only to a rear yard, front yard or side yard as required by these regulations. No lot on which a building is or shall be erected shall be reduced or diminished to less than the minimum size prescribed by these regulations or so that the yards or other open spaces shall be smaller than prescribed by these regulations.
[Amended effective 5-26-2000]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, which provided requirements for windows and ventilating skylights, was repealed effective 5-26-2000.
C. 
One- and two-family dwellings in D Residence Zones shall be erected in conformity with the requirements of the C Residence Zones. One- and two-family dwellings in Neighborhood Business Zones, South Norwalk Business Districts and in Industrial Zones shall be erected in conformity with requirements of the C Residence Zones, except that the building need not be set back from the property line more than required to keep it 35 feet from the center line of the street or streets on which the lot may abut or front.
[Amended effective 7-30-1982; effective 1-16-1987; effective 10-1-1987; effective 11-29-1991; effective 5-26-2000]
D. 
Where permitted, multifamily dwellings in business and executive office zones shall comply with the provisions of § 118-360, 118-750 or 118-760, unless otherwise provided for in these regulations.
[Amended effective 12-29-1978; effective 1-16-1987; effective 3-2-1992[2]]
[2]
Editor's Note: This amendment provided for the deletion of former Subsection D, added effective 3-2-1990 to 3-1-1991, the moratorium on multifamily housing, and the redesignation of former Subsections E through M as D through I, respectively.
E. 
No building to be used as a dwelling shall be constructed or altered in the rear of a building situated on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot.
[Amended effective 12-23-1993]
F. 
A rear yard extending along the rear lot line shall be required on every lot or portion thereof in a residence zone, and on every interior lot or portion thereof in every zone other than a residence zone, whenever the rear line of the lot is more than 55 feet back from the nearest street.
G. 
An interior lot running through the block from street to street shall be required to provide a front yard setback on both streets.
[Amended effective 7-30-1982; effective 5-26-2000]
H. 
Accessory buildings in a residence zone may occupy the required rear yard area up to a height of fifteen (15) as measured from the average elevation of the finished grade to the level of the highest point of the roofs surface, if the roof is flat, or to the mean level between the eaves and the highest point of the roof if any other type. The yard area occupied by such accessory building shall, however, be included in computing the maximum percentage of the lot which may be built up in any given zone.
[Amended effective 7-30-1982; effective 2-2-1990; effective 7-27-2007]
I. 
Projection into required yards. The space in any required yard shall be open and unobstructed, except for the ordinary projection of open entries, steps, stoops or porches, cantilevered roofs, eaves, cornices, chimneys, belt courses, window sills, balconies, air conditioners, propane tanks, HVAC equipment and similar architectural features, provided that such features shall not project more than two (2) feet into any required yard. Transformer pads may encroach two (2) feet into a front or rear yard. Second-story stairs and landings may encroach into a rear or front yard for a distance of two (2) feet. Ingress or egress awnings or canopies when attached to a hospital, nursing home, congregate housing, medical office or similar facility may encroach into any required yard for a distance of ten (10) feet and shall be exempt from building area (coverage) calculations.
[Amended effective 7-20-1984; effective 7-27-2007; effective 9-24-2010]
J. 
The height provisions of these regulations shall not apply to the erection of church spires, belfries, cupolas, [not to exceed thirty-six (36) square feet] flagstaffs, water tanks or towers (whether operational or as an architectural feature), standpipes, mechanical penthouses and bulkheads, except that with a development park, the height provisions shall not apply to mechanical and habitable penthouses. Penthouses shall be set back a minimum of ten (10) feet. This setback shall be taken back from extremities of the main roof area. This regulation shall not apply to buildings for which a zoning permit has been issued or Commission approval has been granted prior to the effective date of this regulation. Such buildings shall be completed in accordance with plans filed with the Zoning Inspector or Commission prior to such date.
[Amended effective 10-28-1988; effective 4-24-2009]
K. 
The height provisions of these regulations shall not prevent the erection of a church, school, public library or a public museum to a height not exceeding 50 feet in a residence zone.
L. 
[3]Nothing in these regulations shall prevent the erection above the height limit of a parapet wall or cornice extending above such height limit not more than three feet.
[3]
Editor's Note: Former Subsection M, dealing with improvement of nonconforming lots, was repealed effective 2-24-1989.
[1]
Editor’s Note: Former § 118-820, Uses subject to moratorium, added effective 7-29-2016, as amended effective 4-28-2017, was repealed effective 10-30-2017.
[Added effective 10-28-1988; amended effective 5-29-1992; effective 10-27-1995; effective 1-26-2007]
It is recognized that certain uses based upon public need, health, safety and welfare are desirable and should be permitted within certain zoning districts.
A. 
Bus shelters and accessory operational facilities shall be permitted in any district, subject to the approval of the Commission. The Commission may, consistent with public health, safety and welfare, waive, in whole or in part, the setback and height requirements for such structures.
[Amended effective 5-30-2008]
B. 
Electric power generator, as defined herein, shall be permitted by Special Permit in certain districts, subject to approval by the Commission and the following definitions and standards:
(1) 
Definitions:
ELECTRIC POWER GENERATOR
A generator designed to manufacture excess electric power to be sold in conjunction with a municipal electric company for emergency or peak shaving purposes only.
EMERGENCY
A condition where the local municipal utility company is experiencing a power outage in its distribution system, or is not receiving power from the electric grid or has been notified by the power grid operator of an impending emergency which likely will result in a power supply emergency as defined by Independent System Operator — New England (ISO-NE) OP-4 step 12, or any similar system reliability and status index.
PEAK SHAVING
A program designed by the local municipal utility in which an electric power generator-equipped customer is authorized by contract to reduce the load on the local electrical distribution system and the regional electric grid during periods of peak monthly demand by running on-site generation equipment at the request and direction of the local utility.
(2) 
One (1) electric power generator powered by natural gas only and located on the roof of a building a minimum of six (6) stories in height shall be permitted, provided such generator does not exceed the maximum load required for the building's operation by more than fifty percent (50%), as certified by a registered professional engineer, subject to confirmation by the Building Inspector. The operation of such generators shall be limited to no more than two hundred (200) hours per calendar year and to the operating hours of 7:00 a.m. until 11:00 p.m. only, except in the case of an emergency, as herein defined. Such generators shall demonstrate compliance with the City of Norwalk Noise Ordinance[1] and, in addition, shall show compliance with the ordinance when the decibel level of the generator in operation is measured at the highest occupied level of adjacent building(s) and with applicable Connecticut Department of Environmental Protection air quality standards.
[1]
Editor's Note: See Ch. 68, Noise.
(3) 
Such generators shall not be taller than twelve (12) feet in height, shall be setback a minimum of ten (10) feet from the edge of the roof on which they are located, and shall be screened from public view, subject to the satisfaction of the Commission.