[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:
(3)
The presence of a nonconformity shall not, in itself, be considered
grounds for the issuance of a variance for any other property.
(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:
(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]
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.
[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.
[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)
ELECTRIC POWER GENERATOR
EMERGENCY
PEAK SHAVING
Definitions:
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.
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.
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.
(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.
