[HISTORY: Adopted by the City of Norwalk Common Council 4-24-1984, amended in
its entirety 3-28-2023. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote the educational, cultural,
economic, and general welfare of the City of Norwalk, to establish
a procedure whereby owners of buildings with significant historic
characteristics will be informed of the economic, tax, aesthetic,
and other benefits of historic preservation, and to further the preservation,
rehabilitation, and reuse of architecturally significant buildings
and structures by providing adequate time for all parties to consider
and put forth appropriate development alternatives to demolition,
including attempts to find a purchaser who will retain or remove such
historic or architecturally significant building or structure or who
will present some other reasonable alternative to the last resort
of demolition.
As used in this chapter, the following terms shall have the
meanings indicated:
Any wrecking activity directed to the disassembling, dismantling,
dismembering, and/or razing of the exterior of any building or structure
or part thereof. The term shall not be construed to prevent the ordinary
maintenance or repair of any building or structure or part thereof
that does not involve a change in the design thereof, including, without
limitation, the replacement of windows, doors, siding, or roof.
Any individual building, structure, object, or site that
is listed on the State or National Register of Historic Places.
Fifty percent or more of a building or structure, as measured
on ground level and above, as determined by the Chief Building Officer.
No property owner shall Demolish, cause, or permit to be Demolished,
any building, structure, or part thereof without first obtaining a
permit from the Chief Building Official. Such permit shall be issued,
except as otherwise provided in this chapter and pursuant to § 29-406
of the Connecticut General Statutes, as amended.
If the building, structure, or part thereof to be Demolished
is a) at least 50 years old, b) listed on the Historic Norwalk Resources
Inventory, as amended from time to time, or c) an Historic Property,
then no permit shall be issued except in compliance with the provisions
of this chapter and Section 29-406 of the Connecticut General Statutes,
as amended.
Any application to the Chief Building Official for a permit to Demolish any building, structure, or Part Thereof pursuant to the provisions of § 55-4 shall be subject to the following procedure:
A.
The application for a Demolition permit shall include the following
information:
(1)
Common name, if any, and actual street address of the building, structure,
or Part Thereof to be Demolished;
(2)
The name, address and telephone number of the owner(s) of the building,
structure, or Part Thereof to be Demolished;
(3)
The age of the building, structure, or Part Thereof to be Demolished;
(4)
The square footage or dimensions of the building, structure, or part
thereof to be Demolished;
(5)
One or more current photographs of the building, structure, or Part
Thereof to be Demolished showing the affected area(s);
(6)
The reasons for requesting a Demolition permit;
(7)
A brief description of the proposed reconstruction or replacement
for the building, structure, or Part Thereof to be Demolished; and
(8)
The names and addresses of the owners of all properties that abut
or are within a radius of 100 feet of any portion of the property
on which the building, structure, or Part Thereof to be Demolished
is situated, according to an attached copy of the pertinent portion
of the current Assessor's Map.
B.
Within 10 days following the initial submission of an application
for a Demolition permit, the applicant shall:
(1)
Deliver a copy of such application by certified mail and electronic
mail to the Norwalk Historical Commission, the Director of Planning
and Zoning, and any individual, firm, corporation, organization, or
other entity which has requested, in writing, from the Chief Building
Official copies of such application(s);
(2)
Deliver copies of a notice of intent to Demolish (the notice) to
the owners of all properties that abut or are within a radius of 100
feet of any portion of the property on which the building, structure,
or Part Thereof to be Demolished is situated, via registered or certified
mail; and
(3)
Post in a conspicuous location on the property on which the building,
structure, or Part Thereof to be Demolished is situated a sign at
least 24 inches by 36 inches in size visible from the nearest street
or other accessway adjoining the property. Such sign shall include
copy of the notice and shall contain the word "DEMOLITION" in capital
letters no less than two inches in height. The sign required hereunder
shall remain posted on the property if the permit is issued until
the completion of all Demolition activities authorized by the permit.
C.
Within 14 days following the initial submission of the application for a permit to Demolish, the applicant shall file with the Chief Building Official a statement verified under oath on a form approved by the Chief Building Official certifying that all of the delivery requirements under § 55-5B have been satisfied and attaching thereto a copy of the notice, as well as evidence of mailing as required under Subsection B(2) above. Upon filing the certification statement, the application is deemed filed. If any delivery requirement is not complied with, the Chief Building Official shall reject the application as incomplete.
D.
In the event that a written acknowledged objection is filed with the Chief Building Official and the Norwalk Historical Commission within 21 days after filing the certification statement as required by § 55-5C, the Chief Building Official shall not issue the permit until 120 days after the application is deemed filed or such earlier date that such objection is withdrawn or deemed to be withdrawn by the party filing same. The sole basis for such objection shall be that the building, structure, or Part Thereof proposed to be Demolished is architecturally or historically significant. If no such written objection is filed within 21 days after the filing of the certification statement, the Chief Building Official may issue the Demolition permit, provided that all other applicable requirements have been complied with.
E.
The Norwalk Historical Commission may on its own initiative, and
shall at the request of the applicant, hold a public hearing on any
application to which an objection has been filed and at such hearing
shall make a determination as to whether the building, structure,
or part thereof proposed to be Demolished is architecturally or historically
significant. In the case of a request by an applicant, such hearing
shall be held within 21 days after the date of such request. If the
Norwalk Historical Commission determines at such hearing, and in no
event later than 10 days thereafter, that the building, structure,
or Part Thereof proposed to be Demolished is not architecturally or
historically significant, the objection shall be deemed withdrawn.
If the building, structure, or Part Thereof proposed to be Demolished
is determined to be architecturally or historically significant, the
Norwalk Historical Commission may issue recommendations on alternatives
to Demolition to the applicant.
F.
In no event shall the issuance of a Demolition permit be delayed
for more than 120 days from the date the application is deemed filed.
Throughout the Demolition delay period imposed under § 55-5, the owner of record of the building, structure, or part thereof proposed to be Demolished shall secure and maintain such building, structure, or part thereof in a manner that minimizes the risk of water penetration, vandalism, fire, or other significant damage and otherwise complies with Section 29-408 of the Connecticut General Statutes, as amended. Partial Demolition, including the removal of windows, doors, roofing, or any other building material, is expressly prohibited during the Demolition delay period, except to the extent required by law or permitted by the Chief Building Official.
This chapter shall not apply to:
A.
Any structure determined to be unsafe by the Chief Building Official according to the State of Connecticut Basic Building Code or as defined as a "hazardous building" under § 26-11 of the Norwalk Code;
B.
Any structure that is less than 400 square feet in size;
C.
The lifting
of a building, structure, or part thereof to comply with regulations
of the Federal Emergency Management Agency (FEMA) or the City of Norwalk
governing coastal flooding, provided that such lifting does not involve
a change in design of such building, structure, or Part Thereof; or
D.
Any structure determined to be a threat to public health by the Director
of Health.
A.
In addition to any other penalties and remedies provided by law,
any property owner who violates any provision of this chapter shall
be fined $250 per day, with each day of such violation constituting
a separate violation. All fines imposed under this chapter shall be
collected and made payable to the City of Norwalk. The total amount
of all fines imposed on a property owner under this chapter shall
not exceed the lesser of $30,000 or 10% of the assessed value of such
building, structure or Part Thereof.
B.
Any unpaid fine pursuant to this chapter shall constitute a lien
upon the real estate against which the fine was imposed. Such lien
shall be recorded on the Norwalk Land Records and shall only be satisfied
upon the execution of the appropriate legal document between the property
owner, the City, and any other necessary parties.
C.
The Chief Building Official is authorized to institute any and all
actions or proceedings, in law or in equity, as they may deem necessary
or appropriate to obtain compliance with the requirements of this
chapter or to prevent a threatened violation thereof.
D.
If a Demolition is not commenced within six months after issuance
of a permit, such permit shall be deemed null and void unless extended
by the City, in which case such permit shall not be extended for more
than an additional six months.
Any person aggrieved by any order or decision under this chapter
may, within 10 days of such order or decision, appeal therefrom to
the Superior Court for the Stamford/Norwalk judicial district.
The Chief Building Official shall issue an annual report to
the Mayor, the Common Council, and the Norwalk Historical Commission
concerning the number of Demolition applications filed, the number
of applications subject to this chapter, the number of applications
that were objected to, and whether the buildings, structures, or Parts
Thereof subject to such applications were actually Demolished.
