ARTICLE 111, Coastal Zone [Added effective 2-29-1980]
§ 118-1110. Coastal Zone. [Amended effective 12-24-1981; 6-10-1983; 3-29-2002; 8-29-2003; 5-28-2004; 3-24-2006; 5-25-2007]
A. Purpose and intent.
(1) It is declared that a need is present in Norwalk for greater control over the development of its shoreline in order to encourage development which is compatible with the waterfront, minimize adverse environmental impact and encourage harmonious coastal development.
(2) The purpose of this section is to implement the State Coastal Management Act, Chapter 444 of the Connecticut General Statutes, as amended, and the goals and policies therein.
B. General requirements.
(1) Coastal Zone.
(a) All references to the "coastal boundary" refer to the Coastal Boundary Map, Norwalk, Connecticut, scale one (1) inch equals six hundred (600) feet, adopted by the Planning and Zoning Commission June 18, 1980, a copy of which is on file with the Town Clerk.
(b) All references to the "Coastal Zone" refer to the area of Norwalk within the coastal boundary and landward of the mean high-water mark.
(2) Coastal site plans required.
(a) All structures and uses in the Coastal Zone, unless exempt under § 118-1110E, shall comply with coastal site plan review requirements in Sections 22a-105 through 22a-109 of the Coastal Management Act, as amended, in addition to complying with the other requirements of these regulations.
(b) An application for coastal site plan review in accordance with Sections 22a-105(c) and 22a-106(c) of the Coastal Management Act, as amended, shall be filed with the Zoning Inspector in addition to an application for zoning approval, zoning variance, Special Permit, site plan review, subdivision, resubdivision or special exception. The Application shall be signed by the applicant and, if the applicant is not the owner, the owner of the property. If the applicant is unable to obtain the signature of the owner, the applicant may submit a letter of authorization signed by the property owner. [Amended effective 3-29-2002; 5-25-2007]
(c) [Amended effective 10-27-1995; 08-29-2003; 03-24-2006] A fee shall accompany the application according to the following schedule:
| Proposed Use |
Fee |
| Residential |
|
| 1-6 dwelling units |
$100.00 |
| Over 6 dwelling units |
$200.00 |
| Commercial |
$400.00 |
| Industrial |
$400.00 |
Legal notice fees shall be the responsibility of the applicant, who will be billed for the payment of legal notice fees directly by the publisher of such notice. Applications for special permit or variance shall be exempt from these fees.
C. General procedures for review and approval of coastal site plans.
(1) The Commission may hold a public hearing, at its discretion, on any coastal site plan. Notice of the time and place of the hearing shall be given in accordance with Sections 8-3c and 8-7d of the Connecticut General Statutes, as amended. The Commission shall hold a public hearing on the following coastal site plan applications:
(a) Multifamily dwellings containing more than six (6) dwelling units that are within two hundred (200) feet of mean high water; twelve (12) or more dwelling units that are more than two hundred (200) feet from mean high water. [Amended effective 5-15-1987]
(b) Commercial and industrial uses of more than two thousand (2,000) square feet that are within two hundred (200) feet of mean high water; four thousand (4,000) square feet or more that are more than two hundred (200) feet from mean high water. [Added effective 5-15-1987]
(c) Activities requiring any other zoning permit, review or approval for which a public hearing is required by General Statute or these regulations. [Added effective 5-15-1987]
(2) The Commission shall approve, approve with conditions, modify or disapprove a coastal site plan in accordance with the time periods specified in Section 8-7d of the Connecticut General Statutes, as amended, provided that no zoning violation exists on the property. [Amended effective 5-28-2004, Amended effective 1-27-2006]
(3) In approving the application, the Commission shall set an effective date and may attach such conditions to the coastal site plan as shall ensure compliance with the requirements of the Coastal Management Act, as amended.
(4) Any extension or change of an existing structure or use permitted by coastal site plan review which substantially changes its character or intensity shall require a new coastal site plan review.
(5) Coastal site plan review approval of any building, use or structure for which a building permit has not been issued within one (1) year from the effective date shall become null and void, unless an extension of time is applied for and granted by the Commission.
(6) As a condition to a coastal site plan approval, the Commission may require a bond, escrow account or other surety or financial security arrangement to secure compliance with any modifications, conditions and other terms stated in its approval of a coastal site plan.
D. Special Permits, variances and site plan review.
(1) All applications for a Special Permit shall be governed by the provisions of § 118-1450 and the procedures, standards and other requirements of coastal site plan review and § 118-1110C.
(2) All applications for a zoning variance shall be governed by the provisions of § 118-1410 and the procedures, standards and other requirements of coastal site plan review and § 118-1110C.
(3) All applications for a site plan review shall be governed by the provisions of § 118-1451 and the procedures, standards and other requirements of coastal site plan review and § 118-1110C. [Amended effective 8-28-1998]
E. Exempt uses and structures.
(1) The following uses and structures shall be exempt from coastal site plan review:
(a) Gardening, grazing and the harvesting of crops.
(b) Construction, addition or alteration of a detached single-family dwelling except:
[1] For the construction of a detached single dwelling and additions of one thousand (1,000) square feet or more within one hundred (100) feet of the following coastal resource areas as defined by Section 22a-93(7) of the Coastal Management Act, as amended: tidal wetlands, coastal bluffs and escarpments, and beaches and dunes. [Amended effective 5-15-1987]
[2] For a structure identified in the Norwalk Historic Resource Inventory, as amended.
(c) Construction of new or modification of existing structures incidental to the enjoyment and maintenance of residential property, including but not limited to walks, terraces, driveways, swimming pools, tennis courts, docks and detached accessory buildings.
(d) Minor additions to existing buildings, other than a detached single-family dwelling, consisting of one thousand (1,000) square feet or less, except on property abutting coastal waters, or within one hundred (100) feet of the following coastal resources as defined by Section 22a-93(7) of the Coastal Management Act as amended: tidal wetlands, coastal bluffs and escarpments, beaches and dunes; two thousand (2,000) square feet or less for additions that are more than two hundred (200) feet from the above-referenced coastal resources. [Amended effective 5-15-1987]
(e) Construction of new or modification of existing on-premises fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water and sewer service lines, signs and such other minor structures that will not substantially alter the natural character of a coastal resource or restrict access along the public beach.
(f) Activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife and other coastal land and water resources.
(g) Interior modifications to buildings.
(h) Minor changes in the use of a building or property except changes on property abutting coastal waters and except changes from a water-dependent use to a non-water-dependent use.
(2) Exemptions under subdivision E (1) shall not be deemed to exempt any uses or structures from any other application, review or approval that is required by the Building Zone Regulations.[Amended effective 5-25-2007]
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