ARTICLE 50, Use Regulations Controlling Business Zones [Added effective 7-25-1955]
§ 118-500. East Avenue Village District . [Amended effective 7-25-1955; 9-13-1955; 11-10-1966; 12-11-1975; 7-15-1976; 5-16-1980 ; 6-27- 2003; 10-28-2005]
A. Purpose and intent. It is the purpose of this zone to ensure that the unique character of this district is maintained for future generations in accordance with Connecticut General Statutes Section 8-2j Village Districts and to provide areas primarily for offices and other compatible uses which will meet existing and future needs within the city and which will constitute a harmonious and appropriate part of the physical development of the city. The provisions of this zone are intended to preserve and enhance the character of the East Avenue Village district by encouraging the preservation of sites and buildings of unique historical and architectural value and assuring that new structures and uses will be in keeping with the established character of the area, thereby strengthening the economy of the city and promoting the education, pleasure and welfare of its people.
B. Uses and structures.
(1) Principal uses and structures. In the East Avenue Village 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 others:
(a) Single-family detached dwelling.
(b) Two-family detached dwelling.
(c) Office buildings having a gross floor area of less than six thousand (6,000) square feet for municipal offices and for business and professional establishments which involve no retail sales.
(2) Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article 140, § 118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a) Office buildings having a gross floor area of six thousand (6,000) square feet or more for municipal offices and for business and professional establishments which involve no retail sales.
(b) Hotel or inn.
(c) Public and private colleges and universities.
(d) Schools, including business schools and studios.
(e) Lodge, meeting and concert halls, including social clubs.
(f) Restaurants having an active commercial floor area of one thousand (1,000) square feet or greater. No diner, drive-in or stool-and-counter-type restaurants shall be permitted.
(g) Funeral homes.
(h) Churches.
(i) Public museums.
(j) Multifamily dwellings shall be allowed in accordance with the provisions of Subsection C(1) and (2) of this section. [Amended effective 2-12-1988]
(k) Halfway houses allowing a maximum of twenty (20) persons with no less than two hundred (200) square feet of living area per person.EN32 [Added effective 6-12-1987; amended effective 6-29-1990]
(l) Nursery school or child day-care center. [Added effective 6-12-1987]
(m) Youth day camps. [Added effective 6-12-1987]
(n) Public or nonprofit community center. [Added effective 6-12-1987]
(3) Uses which are not otherwise permitted in Subsection B(1) and (2) above shall not be permitted by variance in the East Avenue Village District .
(4) Village District Review Standards:
(a) The uses permitted by Special Permit in the East Avenue Village District shall be subject to the following additional standards:
[1] EN34 The Commission may refer applications for Special Permit to appropriate city agencies and departments for review and recommendations.
(5) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted and subject to the following restrictions.
(a) A driveway or walk used for access to an industrial use shall in no case be permitted as an accessory use.
(b) Accessory uses and structures shall be located to the rear of the principal use of the premises.
C. Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings - Commercial and Industrial and all other applicable sections of these regulations, and in addition:
(1) Residential use as the principal use of the premises shall be permitted, provided that the number of dwelling units does not exceed a density of one (1) unit per one thousand six hundred fifty (1,650) square feet of lot area, up to a maximum of six (6) units.
(2) [Amended effective 2-12-1988] Residential and nonresidential uses on the same lot shall be permitted, provided that:
(a) For lots of fifteen thousand (15,000) square feet or less in area, the number of dwelling units shall not exceed a density of one (1) unit per one thousand six hundred fifty (1,650) square feet of lot area, up to a maximum of no more than six (6) dwelling units per lot.
(b) For lots larger than fifteen thousand (15,000) square feet in area, the number of dwelling units shall not exceed a density of one (1) unit per two thousand five hundred (2,500) square feet of lot area, up to a maximum of no more than eighteen (18) dwelling units per lot.
(3) All multifamily dwellings shall provide an open recreation area of not
less than one hundred fifty (150) square feet per dwelling unit, which shall
be located with due concern for the safety and convenience of the residents
for whose use it is intended. [Added effective 2-12-1988]
(4) Properties located on the waterfront shall provide public access adjacent
to the water, which shall be a minimum of fifteen (15) feet in width, and Access
from the street to the water, subject to Commission approval. 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. Reasonable time of day restrictions may
be established regarding such accessways, where justified for reasons of security
or public safety. Where the principal use of the property is a single or two-family
dwelling, the public access requirement shall not apply.
D. Off-street parking and loading requirements. See §§ 118-1200 through 118-1260.
E. Sign regulations. See §§ 118-1290 through 118-1295. [Amended effective 9-13-1985]
§ 118-501. Washington Street Design District. [Added effective 1-29-1982, amended effective 11-24-2006]
A. Purpose and intent. The purpose of this regulation is to preserve and enhance the unique character of the Washington Street Historic District and environs by encouraging the preservation of existing buildings, by encouraging the mixed-use of properties and by ensuring that all uses and structures will be compatible with one another and with the established character of the area. It is intended that all new construction, rehabilitation and alterations be designed and carried out in relation to surrounding structures and with appropriate consideration to the unity of the district, according to prescribed guidelines. It is further intended that off-street parking for uses and structures will be met by public parking facilities.
B. Uses and structures. This district is located entirely within the coastal boundary and, as such, all uses and structures, unless otherwise exempt, shall comply with the coastal site plan review requirements in Secs. 11 through 15 of P.A. 79-535 and with Article 111, § 118-1110, herein.
(1) Principal uses and structures. In the Washington Street Design 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 others, subject to the provisions of § 118-1451, Site plan review:
(a) Dwellings, when located above any principal or Special Permit use.
(b) Retail stores and personal service shops.
(c) Offices.
(d) Banks and financial institutions, excluding drive-in facilities.
(e) Restaurants. [Amended effective 5-28-1999]
(f) Museums.
(g) Theaters and auditoriums.
(h) Off-street parking facilities.
(2) Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article 140, § 118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and any additional standards set forth herein:
(a) The expansion of an existing manufacturing use.
(b) Hotel or boatel.
(c) Marinas.
(d) Commercial boat docks.
(e) Commercial recreation establishment. [Added effective 12-7-1990]
(F) Boutique manufacturing shall be allowed as an accessory use to a permitted
retail use, subject to compliance with the following requirements: [Added effective
10-28-2005]
(3) Uses which are not otherwise permitted in Subsection B(1) and (2) above shall not be permitted by variance in the Washington Street Design District.
(4) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted.
C. Demolition permit.
(1) No demolition permit for a building's exterior shall be issued for any building within the Washington Street Design District until the Commission has granted final approval for the reuse of the subject property.
(2) A structure deemed unsafe according to Section 123.0 of the State of Connecticut Basic Building Code shall be exempt from the requirements of this section.
D. Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and all other applicable sections of these regulations and in addition:
(1) The height and bulk of all buildings in existence at the time of adoption of this regulation are hereby declared to be in conformance with the requirements of this section.
(2) The number of dwelling units permitted shall not exceed a density of one (1) unit per six hundred (600) square feet of gross building floor area devoted to such residential uses.
(3) All dwelling units shall not contain more than two (2) bedrooms.
(4) Properties located on the waterfront shall provide public access adjacent to the water which shall be an average of twenty (20) feet in width but in no event less than ten (10) feet in width and from the street to the water in the form of landscaped walks, esplanades, boardwalks or piers and of suitable width to encourage use by the general public.
(5) External building modifications shall be in keeping with the guidelines
set forth in Sections 4 and 5 of the Washington Street Urban Design Study, dated
June 1978 and with the Urban Renewal Plan, Washington-South Main Street Improvement
Area II, January 21, 1981. The elevations and details of a building's exterior,
including signs, shall be reviewed for consistency with such guidelines.
(6) Structures of less than the required minimum height shall be permitted provided
that they do not exceed five percent (5%) of the maximum allowed building area
of the property. [Added effective 11-24-2006]
E. Amenity incentive provisions. [Added effective 11-24-2006]
(1) A building in existence at the time of adoption of this regulation may continue to be used without adequate parking and loading as required by §§ 118-1210 and 118-1260 of these regulations. However, should such building be increased in area or changed in use so as to require additional parking or loading, such additional parking or loading shall be determined by applying the standards set forth in §§ 118-1210 and 118-1260; except that a restaurant in existence as of July 1, 2005 and located within six hundred feet of a municipal parking lot shall not be required to provide additional parking for interior expansions within the existing gross restaurant floor area of one thousand (1,000) square feet or less. This provision shall apply to restaurant uses only and shall not apply to floor space devoted to mixed uses. [Amended effective 1-27-2006]
(2) The amount of off-street parking spaces required for two (2) or more different uses on the same premises shall be twenty-five percent (25%) less than the sum of the minimum number of parking spaces required for each use.
(3) The required amount of parking may be met, in whole or in part, by a public off-street parking facility for a use or structure which is shown as a designated property on a map entitled "Designated Properties for Fees in Lieu of Parking", subject to approval by the Commission and the payment of an in lieu parking fee to the City of Norwalk, in accordance with Section 188-1222.[Amended effective 7-28-2000]
(4) The required amount of loading may be met on street or off street on the same lot where the use occurs or on an adjacent lot, subject to approval by the Commission.
G. Sign regulations. See §§ 118-1290 through 118-1295. [Amended effective 9-13-1985]
§ 118-502. Reed-Putnam Design District. [Added effective 11-16-1984]
A. Purpose and intent. [Amended effective 7-28-1989; 9-25-1998; 10-29-1999; 10-26-2007]
(1) The purpose of this regulation is to encourage the redevelopment and/or rehabilitation of the district in accordance with the Reed-Putnam Urban Renewal Plan. This plan proposes intensive commercial and residential development because of the area's proximity to the Connecticut Thruway (I-95) and U.S. Route 7, and in a manner consistent with the goals and policies of the Coastal Management Act.
(2) This district has been divided into five (5) subareas reflecting differences in use, and height and bulk of buildings, depending upon location. Where applicable, these regulations are subject to the provisions of the Reed-Putnam Urban Renewal Plan.
B. General regulations.
(1) All uses and structures in this district shall comply with the site plan review requirements of Article 140, Section 118-1451, herein.
(2) Uses which are not permitted in this district shall not be permitted by variance in the Reed-Putnam Design District.
(3) This district is divided into five (5) subareas. 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 uses permitted within the particular subareas. [Amended effective 7-28-1989; 9-25-1998]
(4) The design of buildings, parking structures, landscaping and signing
within the Reed-Putnam Design District shall be in keeping with the urban design
guidelines set forth in Section 4 of the Urban Renewal Plan for the Reed-Putnam
Area, dated approved by the Norwalk Common Council on February 10, 1998, as amended to July 24, 2007. The
elevations and details of a building's exterior shall be reviewed for consistency
with such guidelines. Buildings located on top of parking structures in which
the lowest floor at or above grade is exclusively used for parking shall not be allowed, except
for Subarea C. [Added effective 9-25-1998, Amended effective 2-25-2005; 10-26-2007]
(5) Helicopter landing sites, as an accessory use to a principal permitted use,
subject to special permit review and to the following restrictions: the landing
site shall be a minimum of 300 feet from a residence zone, except if residence zone is public highway, and flight operations
shall be restricted to the hours of 7:00 am to 7:00 pm only. [Added effective
9-28-2001; amended effective 10-26-2007]
C. Subarea regulations are as follows:
(1) Subarea A.
(a) Principal uses and structures.
[1] Mixed use developments, including two (2) or more of the following uses: offices, retail stores, business service establishments, restaurants, multifamily residences and hotels, subject to 118-502(C)(1)(d). [Amended effective 10-26-2007]
[2] Transportation terminals designed as an integral part of a structure, containing one (1) or more other permitted uses, and provided that:
[a] All vehicles shall be stored and serviced within the structure.
[b] Major vehicular maintenance and long-term [more than twenty-four (24) hours] parking or storage for buses, vans, limousines and taxicabs shall be prohibited.
[c] Truck terminals shall be prohibited.
[3]EN36
Parks, playgrounds and open space.
[4] Child day-care centers. [Added effective 9-28-2007]
(b) Special Permit uses and structures
[1] Accessory uses and structures shall be designed as an integral part of a structure containing one (1) or more of the permitted uses.
[2] Off-street parking structures and surface parking lots.
[3]EN37 Commercial communication antennas are permitted as an accessory use when located on an existing building or structure, subject to the height limitation of that zone, except that antennas mounted on existing buildings which meet or exceed the height limitation of that zone 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. [Added effective 4-25-1997]
[4] Outdoor dining, street vendors and kiosks shall be permitted and shall be exempt from parking requirements from April 1st to November 1st, subject to annual renewal of required zoning approval and to permission by required city agencies.[Added effective 10-26-2007]
(d) Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Reed-Putnam Design District and all other applicable sections of these regulations, and in addition:
[1] A design district development park shall be permitted in Subarea A, subject to the following criteria:
(a) Such development park shall be a mixed use development consisting of one (1) or more adjoining parcels in accordance with a development park master plan. Bonus floor area from one parcel or parcels may be transferred to another parcel or parcels within the design district development park, subject to approval by the Commission; and
(b) A maximum floor area ratio of 2.0 based upon the total acreage within the development park, including parcels in Subareas A and B; however, 10% bonus floor area shall be allowed, based on the total area of the development park, provided that in no event may such bonus result in the total allowable floor area within the development park exceeding 1,144,454 square feet, and provided that public amenities are provided as follows:
i. Pedestrian plaza: open space comprising a minimum, aggregate of 10,000 square feet in one or more areas within the development park, each of which areas (A) must contain at least 2,000 square feet of open space; (b) must be no more than three (3) feet above or below the center-line elevation of the adjacent public street or private right-of-way; (c) must abut a designated pedestrian right-of-way; and (d) must be open to the public at all times.
ii. Fountain/water feature: a fountain, cascade, stream or other water display which is located in an unenclosed, publicly accessible space within the development park and is maintained in operating condition throughout the year, except when weather conditions prohibit such operation.
iii. Green roofs: at least twenty percent (20%) of the roof areas within the development park (excluding roof areas permanently devoted to mechanical equipment used in the operation and maintenance of the buildings or permanently devoted to parking) are landscaped by vegetation or other means to manage stormwater.
(c) The maximum floor area ratio for retail uses in a development park shall not exceed .25 based upon the total acreage in the development park, provided that the aggregate area devoted to retail and business service uses within the development park shall not exceed 125,000 square feet.
(d) A minimum open space area of 25% based upon the total acreage within the development park; with no open space requirements for individual parcels within a development park. Open space shall include natural and landscaped areas, pedestrian plazas, courtyards, walkways, recreation areas and the like.
(e) Multifamily dwellings shall require 1,650 square feet of lot area per dwelling unit based upon the total acreage within the development park, including parcels in Subareas A and B, limited to a maximum of 250 units in the development park. A defined recreation area of one hundred fifty (150) square feet per dwelling unit shall be provided. Such recreation area may include balconies, courtyards, indoor recreational facilities, landscaped roofs and outdoor recreation areas. [Added effective 10-26-2007]
(e) Off-street parking and loading requirements. See §§ 118-1200 through 118-1260.
(f) Sign regulations. See §§ 118-1290 through 118-1295. [Amended effective 9-13-1985]
(2) Subarea B.
(a) Principal uses and structures. [Amended effective 9-25-1998]
[1] Mixed use developments, including two (2) or more of the following uses: offices, retail stores, business service establishments, restaurants, multifamily residences and hotels, subject to 118-502(C)(2)(d). [Added effective 10-26-2007]
[2] Transportation terminals designed as an integral part of a structure, containing one (1) or more other permitted uses, provided that:
[a] All vehicles shall be stored and serviced within the structures.
[b] Major vehicular maintenance and long-term [more than twenty-four (24) hours] parking or storage for buses, vans, limousines and taxicabs shall be prohibited.
[c] Truck terminals shall be prohibited.
[3] Parks, playgrounds and open space. [Added effective 10-26-2007]
[4] Child day-care centers. [Added effective 9-28-2007]
(b) Special Permit uses and structures
[1] Off-street parking structures and surface parking lots.
[2] Commercial communication antennas are permitted as an accessory use when located on an existing building or structure, subject to the height limitation of that zone, except that antennas mounted on existing buildings which meet or exceed the height limitation of that zone 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. [Added effective 4-25-1997]
[3] Outdoor dining, street vendors and kiosks shall be permitted and shall be exempt from parking requirements from April 1st to November 1st, subject to annual renewal of required zoning approval and to permission by required city agencies. [Added effective 10-26-2007]
(d) Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Reed-Putnam Design District and all other applicable sections of these regulations, and in addition:
[1] A design district development park shall be permitted in Subarea A, subject to the following criteria:
(a) Such development park shall be a mixed use development consisting of one (1) or more adjoining parcels in accordance with a development park master plan. Bonus floor area from one parcel or parcels may be transferred to another parcel or parcels within the design district development park, subject to approval by the Commission; and
(b) A maximum floor area ratio of 2.0 based upon the total acreage within the development park, including parcels in Subareas A and B; however, 10% bonus floor area shall be allowed, based on the total area of the development park, provided that in no event may such bonus result in the total allowable floor area within the development park exceeding 1,144,454 square feet, and provided that public amenities are provided as follows:
i. Pedestrian plaza: open space comprising a minimum, aggregate of 10,000 square feet in one or more areas within the development park, each of which areas (A) must contain at least 2,000 square feet of open space; (b) must be no more than three (3) feet above or below the center-line elevation of the adjacent public street or private right-of-way; (c) must abut a designated pedestrian right-of-way; and (d) must be open to the public at all times.
ii. Fountain/water feature: a fountain, cascade, stream or other water display which is located in an unenclosed, publicly accessible space within the development park and is maintained in operating condition throughout the year, except when weather conditions prohibit such operation.
iii. Green roofs: at least twenty percent (20%) of the roof areas within the development park (excluding roof areas permanently devoted to mechanical equipment used in the operation and maintenance of the buildings or permanently devoted to parking) are landscaped by vegetation or other means to manage stormwater.
(c) The maximum floor area ratio for retail uses in a development park shall not exceed .25 based upon the total acreage in the development park, provided that the aggregate area devoted to retail and business service uses within the development park shall not exceed 125,000 square feet.
(d) A minimum open space area of 25% based upon the total acreage within the development park; with no open space requirements for individual parcels within a development park. Open space shall include natural and landscaped areas, pedestrian plazas, courtyards, walkways, recreation areas and the like.
(e) Multifamily dwellings shall require 1,650 square feet of lot area per dwelling unit based upon the total acreage within the development park, including parcels in Subareas A and B, limited to a maximum of 250 units in the development park. A defined recreation area of one hundred fifty (150) square feet per dwelling unit shall be provided. Such recreation area may include balconies, courtyards, indoor recreational facilities, landscaped roofs and outdoor recreation areas. [Added effective 10-26-2007]
(e) Off-street parking and loading requirements. See §§ 118-1200 through 118-1260, except that:
[1] EN39 Off-street parking may be met by the use of parking facilities located within six hundred (600) feet, as measured along the shortest publicly accessible route, subject to approval by the Zoning Inspector.
(f) Sign regulations. See §§ 118-1290 through 118-1295. [Amended effective 9-13-1985]
(3) Subarea C.
(a) Principal uses and structures.
[1] Multifamily dwellings. [Amended effective 9-25-1998]
[2] Hotels.
[3] Parks, playgrounds and open space.
[4] Retail stores, restaurants and offices. [Amended effective 2-25-2005]
[5] Child day-care centers. [Added effective 9-28-2007][2] Electric power generator, as defined herein, subject to Section 118-830(B). [Added effective 1-26-2007]
(c) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted, subject to the following restrictions:
[1] Marinas and marina-related facilities.
[2] Off-street parking structures and surface parking lots.
[3] Commercial communication antennas are permitted as an accessory use when located on an existing building or structure, subject to the height limitation of that zone, except that antennas mounted on existing buildings which meet or exceed the height limitation of that zone 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. [Added effective 4-25-1997]
(d) Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Reed-Putnam Design District, and all other applicable sections of these regulations.
(e) Off-street parking and loading requirements. See § 118-502C(2)(d) and in addition: [Amended effective 9-25-1998]
(f) Sign regulations. See §§ 118-1290 through 118-1295. [Amended effective 9-13-1985]
(4) Subarea D.
(a) Principal uses and structures.
[1] Multifamily dwellings, including artists' studios. [Amended effective 9-25-1998]
[2] Museums, maritime centers and exhibition facilities.
[3] Retail stores, restaurants and offices. [Added effective 3-30-1990 EN40 ]
[4] Parking structures.
[5] Child day-care centers. [Added effective 9-28-2007](b) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted, subject to the following restrictions:
[1] Off-street parking garages and surface parking lots.
[2] Marinas and marina-related facilities.
[3] Parks, playgrounds and open space.
[4] Theaters. [Amended effective 9-25-1998]
[5] Commercial communication antennas are permitted as an accessory use when located on an existing building or structure, subject to the height limitation of that zone, except that antennas mounted on existing buildings which meet or exceed the height limitation of that zone 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. [Added effective 4-25-1997]
(c) [Amended effective 3-30-1990] Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Reed-Putnam Design District, and all other applicable sections of these regulations, except that:
[1] Cupolas, towers and spires, where not used for habitable space and where not exceeding one percent (1%) of the total allowable building area, shall be exempt from the height regulations herein.
(d) Off-street parking and loading requirements. See § 118-502C(2)(d), except that:
[1] No on-site parking shall be required for a museum, maritime center or exhibition facilities.
[2] The amount of off-street parking spaces required for two (2) or more
different uses on the same premises shall be twenty-five percent (25%) less
than the sum of the minimum number of parking spaces required for each use. EN41 [Added effective 3-30-1990]
[3] A restaurant in existence as of July 1, 2005 and located within six hundred
feet of a municipal parking lot shall not be required to provide additional
parking for interior expansions within the existing gross restaurant floor area
of one thousand (1,000) square feet or less. This provision shall apply to restaurant
uses only and shall not apply to floor space devoted to mixed uses. [Added effective
1-27-2006]
(e) Sign regulations. See §§ 118-1290 through 118-1295. [Amended effective 9-13-1985]
(5) Subarea E.
(a) Principal uses and structures.
[1] Multifamily dwellings. [Amended effective 9-25-1998]
[2] Elderly housing.
[3] Retail stores and personal and business service shops.
[4] Offices.
[5] Banks and financial institutions, excluding drive-in facilities.
[6] Restaurants and taverns, excluding drive-in facilities.
[7] Theaters and auditoriums.
[8] Business schools and studios.
[9] Places of worship, churches and church buildings.
[10] Parks, playgrounds and open space.
[11] Museums and related accessory uses. [Added effective 9-25-1998]
[12] Child day-care centers. [Added effective 9-28-2007]
(b) Special Permit uses and structures. The following uses and structures, and no others, shall be permitted by Special Permit, in accordance with the provisions of Article 140, § 118-1450, Special Permits, and subject to the additional standards set forth herein:
[1] The expansion of an existing manufacturing use.
[2] Public utility supply or storage facility.EN
[3] Boutique manufacturing shall be allowed as
an accessory use to a permitted retail use, subject to compliance with the following
requirements: [Added effective 10-28-2005]
(c) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted, subject to the following restrictions:
[1] Off-street parking structures and surface parking lots.
[2] Commercial communication antennas are permitted as an accessory use when located on an existing building or structure, subject to the height limitation of that zone, except that antennas mounted on existing buildings which meet or exceed the height limitation of that zone, 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. [Added effective 4-25-1997]
(d) Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Reed-Putnam Design District, and all other applicable sections of these regulations, except that:
[1] Buildings in existence as of the effective date of this regulation are
hereby declared to be in conformance with the requirements of this section.
(2) No setbacks shall be required where the abutting property is within a limited access highway or railroad right-of-way.[Added effective 8-30-2002]
(e) Off-street parking and loading requirements. See §§ 118-1200 through 118-1260, except that:
[1] No off-street parking shall be required for museums under fourteen thousand
(14,000) square feet, located in the Reed-Putnam Design District, Subarea E.
[Amended effective 9-25-1998]
[2] A restaurant in existence as of July 1, 2005 and located within six hundred
feet of a municipal parking lot shall not be required to provide additional
parking for interior expansions within the existing gross restaurant floor area
of one thousand (1,000) square feet or less. This provision shall apply to restaurant
uses only and shall not apply to floor space devoted to mixed uses. [Added effective
1-27-2006]
(f) Sign regulations. See §§ 118-1290 through 118-1295.EN42 [Added effective 9-13-1985]
D. (Reserved)EN43
§ 118-503. Executive Office Zone. [Added effective 1-16-1987; amended to 5-26-2006]
A. Purpose and intent. The purpose of this regulation is to permit major office buildings and other compatible uses which will contribute to the economic base of the city and will constitute a harmonious and appropriate part of the physical development of the city. The area within this zone is intended to have infrastructure of sufficient capacity either prior to or coincident with permitted development. Incentives are provided to encourage the assembly of larger lots and to reduce the number of driveways, thereby improving traffic flow and safety and creating an attractive and unified development.
B. Uses and structures.
(1) Principal uses and structures. In the Executive Office Zone, 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. Any use or structure having a gross floor area of twenty thousand (20,000) square feet or more or requiring fifty (50) parking spaces or more shall be permitted subject to the provisions of § 118-1451, Site plan review.
(a) Offices.
(b) Banks and financial institutions.
(c) Hotels.
(d) Personal and business services shops and retail stores having a gross floor area of thirty thousand (30,000) square feet or less. [Amended effective 12-22-1995]
(e) Restaurants and taverns.
(f) Theaters and auditoriums.
(g) Schools, including business schools, and studios.
(h) Mixed-use development, subject to § 118-750.
(i) Research and development facilities.
(j) Manufacture, processing or assembly of goods which are not noxious or offensive due to emission of noise, pollutants or waste.
(k) Parks and recreational facilities.
(l) Museums.
(m) Public utility supply or storage facilities.
(n) Firehouses.
(o) Off-street parking facilities.
(2) Special Permit uses and structures. The following uses shall be permitted by Special Permit in accordance with the provisions of Article 140, § 118-1450, Special Permits, and shall comply with the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial: except as otherwise specified herein: [Amended effective 5-26-2006]
(a) Warehouse and wholesale distribution facilities.
(b) Gasoline stations and the sale and service of motor vehicles, subject to § 118-1010.
(c) Transportation terminals.
(d) Multifamily dwellings.
(e) Commercial recreation establishment. [Added effective 12-7-1990]
(f) Retail stores having a gross floor area of more than thirty thousand (30,000) square feet, not to exceed eighty thousand (80,000) square feet. [Added effective 12-22-1995]
(g) Commercial planned residential development, subject to Section 118-760. [Added effective 4-21-00]
(h) Helicopter landing sites, as an accessory use to a principal permitted use, subject to special permit review and to the following restrictions: the landing site shall be a minimum of 300 feet from a residence zone and flight operations shall be restricted to the hours of 7:00 am to 7:00 pm only. The Commission may approve a helicopter landing site that exceeds the height provisions of these regulations if it is located on top of a mechanical or habitable penthouse. [Added effective 9-29-2001; Amended effective 5-26-2006]
(i) Electric power generator, as defined herein, subject to Section 118-830(B). [Added effective 1-26-2007]
(3) Uses which are not otherwise permitted in Subsection B(1) and (2) above shall not be permitted by variance in the Executive Office Zone.
(4) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted subject to the following restrictions:
(a) Outdoor storage shall be confined to the rear and side yards only and shall be effectively screened from adjacent properties.
(b) Commercial communication antennas are permitted as an accessory use when located on an existing building or structure, subject to the height limitation of that zone, except that antennas mounted on existing buildings which meet or exceed the height limitation of that zone, may extend above the existing building height by no more than 15 feet. In addition, the color of the building shall be incorporated into the design of the antenna. [Added effective 12-20-1996]
C. Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial, and all other applicable sections of these regulations, and in addition:
(1) A development park shall be permitted (i) a maximum floor area ratio of one and five-tenths (1.5) based upon the total acreage within the development park; however, an individual parcel within a development park shall not exceed a floor area ratio of two (2); (ii) a minimum open space area of thirty percent (30%) based upon the total acreage within the development park; however an individual parcel within a development park shall provide open space of not less than twenty-five percent (25%) of its area.[Amended effective 10-27-2000]
(2) Multifamily dwellings shall require one thousand six hundred fifty (1,650) square feet of lot area per dwelling unit. [Amended effective 12-30-1988]
(3) (Reserved)EN44
(4) Open space shall include natural and landscaped areas, pedestrian plazas, courtyards, walkways, recreation areas and the like. Open space on the roof of a structure shall be permitted, provided that the minimum open space requirement extends neither more than ten (10) feet nor more than and one (1) story above the center-line elevation of the street.
D. Off-street parking and loading requirements. See §§ 118-1200 through 118-1260 and, in addition:
(1) The principal use and structure of the property shall be located between the front yard and the street wall of a parking structure which is more than three (3) feet above the center-line elevation of the street, for a minimum of fifty percent (50%) of the length of the parking structure. This provision shall not be applicable to parking structures within a development park which parking structures are located more than one hundred ten (110) feet from the center-line of the street (subject to § 118-1000B) and separated from the street by a wetland or watercourse. Any portion of a parking structure which is more than three (3) feet above the center-line elevation of the street and which extends to the front yard shall be effectively screened. [Amended effective 5-27-1994; 11-24-1995; effective 12-20-1996]
E. Sign regulations. See §§ 118-1290 through 118-1295.
F. The Executive Office Zone shall not apply to buildings for which a zoning permit has been issued or Commission approval granted prior to January 1, 1987. Such buildings may be completed in accordance with plans filed with the Zoning Inspector or Commission prior to such date.
§ 118-504. Central Business Design District. [Added effective 10-1-1987, amended effective 4- 28-2006, 5-25-2007; 10-26-2007]
(1) It is the purpose of this zone to encourage rehabilitation and compatible new development within Norwalk's central business district. The provisions of this zone are intended to promote moderate scale (or in a Design District Development Park, large scale), mixed-use developments within the downtown area which will provide new retail, residential, hotels, restaurants and office opportunities; protect existing historic structures, water-dependent uses and coastal amenities; preserve adjacent residential neighborhoods and wherever possible, improve the pedestrian environment through public plazas, walkways and shared off-street parking facilities.
(2) Subareas.
(a) For the purpose of further defining allowable development options, this district has been divided into three (3) subareas:
[1] Subarea A -- Wall/Main Core Area: As the core of the central business district, the Wall/Main Subarea requires ground-floor retail uses with a mix of office or residential above, encourages maximum lot coverage and provides incentives for public amenities to improve the downtown streetscape and pedestrian circulation patterns.
[2] Subarea B -- West/Belden Corridor: As the gateway to the business district core, the corridor area regulations require a minimum lot size to encourage comprehensive development proposals, permit uses other than retail on fifty percent (50%) of the ground floor and encourage dense mixed-use developments along this important commercial corridor.
[3] Subarea C -- Downtown Waterfront: With the Norwalk River and upper harbor as a focal point, the waterfront area regulations require public access to and along the waterfront and encourage the consolidation of industrial promote and encourage other uses which attract the public to the waterfront, such as restaurants, transient slip space and residential development. Priority and preference is to be given to siting 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) Each subarea is delineated on a map entitled "Norwalk Central Business Design District," scale one (1) inch equals one hundred (100) feet, dated July 17, 1987, as revised to September 16, 1987, and is subject to the general regulations set forth for this district as well as any specific subarea regulations which apply. In addition, those parcels located within the coastal zone boundary shall be subject to coastal site plan review and all other requirements of § 118-1110 herein.
B. General regulations.
(1) 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 uses permitted within each particular subarea. Uses which are not permitted in a given subarea shall not be permitted by variance in this district.
(2) All development within this zone shall conform to the streetscape standards defined in the Norwalk Business District Design Guidelines (September 1987). Where streetscape improvements have already been made, the Commission may waive this requirement.
(3) Public amenities are encouraged and shall include providing one or more of the following on-site uses: landscaped pedestrian plazas, gardens, courtyards, through-block concourses/arcades, fountains, public seating areas, atriums, day-care centers, sidewalk cafes, public parking garages or improvements to off-site public spaces as defined in the Norwalk Business District Design Guidelines. And further, certain amenities will be subject to bonus floor area and height provisions as described in Subsection E of this section.
(4) [Amended effective 4-25-1997] Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted, subject to subarea use regulations, including the following restrictions:
(a) Commercial communication antennas are permitted as an accessory use
when located on an existing building or structure, subject to the height limitation
of that subarea, except that antennas mounted on existing buildings which meet
or exceed the height limitation of that subarea 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 antenna.
C. Use regulations.
(1) Subareas A and B.
(a) Principal uses and structures. Any structure or use within these subareas having a gross floor area of eight thousand (8,000) square feet or more or requiring twenty-five (25) parking spaces or more shall be permitted subject to site plan review in accordance with § 118-1451 of these regulations.
[1] Premises in Subareas A and B 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 subject to the conditions noted in Subsection C(1)(a)[2]:
[a] Retail establishments.
[b] Restaurants and taverns (excluding drive-in facilities).
[c] Banks and financial institutions, with drive-in facilities for existing banks of 5,000 sq. ft. or more or for up to two (2) banks located in a design district development park.. [Amended effective 4-28-2006; 10-26-2007]
[d] Theaters and auditoriums, including cultural arts and entertainment facilities. [Amended effective 10-26-2007].
[e] Personal and business service establishments.
[f] Government agencies and charitable offices. [Amended effective 5-28-1993]
[g] Museums, libraries and meeting halls.
[h] Churches, church buildings and places of worship.
[i] Parks, open space and public recreational facilities.
[j] Day-care centers.
[2] The following uses shall be permitted only above the first floor in Subarea A and permitted on any floor in Subarea B but, when any portion of the lot abuts West or Belden Avenues, shall be restricted to fifty percent (50%) or less of the gross square footage of the first floor of any building within three hundred (300) feet of those streets; except in design district development parks where such restriction shall be reduced to two hundred and fifty (250) feet. [Amended effective 10-26-2007].
[a] Multifamily dwellings, including elderly housing.
[b] Offices.
[c] Schools, including business and trade schools, and studios.
[d] Healthcare facilities. [Added effective 10-26-2007].
(b) Special Permit uses and structures. The following uses and structures shall be permitted by Special Permit in Subareas A and B in accordance with the provisions of § 118-1450:
[1] Off-street parking facilities.
[2] Public utilities.
[3] Clubs and lodges.
[4] Hotels, including extended stay hotels.[Amended effective 10-26-2007].
[5] Congregate housing.
[6] Halfway houses, with no less than two hundred (200) square feet of living area per person. [Amended effective 6-29-1990]
[7] Sale and service of motor vehicles, provided that:
[a] Such use shall be designed as an integral part of a structure containing one (1) or more other permitted uses.
[b] All vehicles shall be serviced within the structure and displayed, stored and parked within or behind the structure.
[8] Commercial recreation establishment. [Added effective 12-7-1990]
[9] Boutique manufacturing shall be allowed as an accessory
use to a permitted retail use, subject to compliance with the following requirements:
[Added effective 10-28-2005]
[10] Electric power generator, as defined herein, subject to Section 118-830(B). [Added effective 1-26-2007]
(2) Subarea C.
(a) Principal uses and structures. Premises in Subarea C 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:
[1] Retail establishments.
[2] Restaurants and taverns (excluding drive-in facilities).
[3] Marinas.
[4] Boat-building facilities and marine supply stores.
[5] Recreational and commercial fishing facilities.
[6] Industrial processing and storage facilities dependent on waterborne transportation for the supply of products.
[7] Multifamily dwellings, including elderly housing.
[8] Parks, open space and public recreational facilities.
(b) Special Permit uses and structures. The following uses shall be permitted by Special Permit in Subarea C in accordance with the provisions of § 118-1450:
[1] Public utilities.
[2] Clubs and lodges.
[3] Offices, including government agencies and charitable offices, up to six thousand (6,000) square feet of gross floor area. [Amended effective 5-28-1993]
[4] Congregate housing.
[5] Halfway houses, with no less than two hundred (200) square feet of living area per person. [Amended effective 6-29-1990]
[6] Day-care centers.
[7] Business service establishments, as defined in Article 10, § 118-100. [Added effective 4-29-1994]
D. Lot and building requirements.
(1) Subareas A, B and C. See the Schedule Limiting Height and Bulk of Buildings, Commercial and Industrial Uses, and all other applicable sections of these regulations and in addition:
(a) 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.
(b) All setbacks required by these regulations shall be a minimum of ten (10) feet per story, thirty foot maximum, where development abuts or is directly across the street from a residence zone, except that no setbacks shall be required where the abutting property is within a limited access highway or railroad right-of-way and in a Design District Development Park, a setback of five (5) feet shall be required for multi-family structures that do not exceed four (4) stories and 45 feet. [Added effective 8-30-2002; Amended effective 10-26-2007]
(c) Municipal off-street parking structures are exempt from all lot and building requirements.
(d) New developments and additions to structures located in Subarea C 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.
(e) The Commission may exempt retail and restaurant uses in Subarea C 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.
(f) Properties developed for residential use may be exempt from the recreation area requirement, in whole or in part, subject to an in-lieu fee to be paid to the downtown public spaces fund of the city. Such fees shall be utilized solely for the acquisition, design and improvement of public parks and open spaces within the Central Business Design District, in an amount determined by the following formula:
The amount of area in square feet required for recreational space [one hundred fifty (150) square feet times number of dwelling units] times twenty dollars ($20.) times the Engineering News Record (ENR) Cost Index on the effective date of Commission or Zoning Board of Appeals approval divided by the ENR Cost Index of October 1, 1987.
(g) A design district development park shall be permitted in Subarea B, subject to the following criteria:
(1) Such design development park shall be a mixed use project consisting of two (2) or more parcels in accordance with a design district development park master plan; and
(2) A maximum floor area ratio of 2.0 as may be increased by bonus based upon the total acreage within the design district development park. Bonus height or bonus floor area from one parcel or parcels may be transferred to another parcel or parcels within the design district development park, subject to approval by the Commission; and
(3)
Multifamily dwellings shall require 800 square feet of lot area per dwelling unit based upon the total acreage within the design district development park. A defined recreation area of one hundred fifty (150) square feet per dwelling unit shall be provided within the design district development park.
[Added effective 10-26-2007].
(2) Schedule Limiting Height and Bulk of Buildings (Subareas A, B and C). See schedule at end of chapter.
E. Amenity incentive provisions.
(1) Eligibility criteria. A project shall be eligible to receive a bonus of additional floor area and/or building height if space is provided within the project for the 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 Norwalk Business District 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. [Amended effective 10-26-2007]
(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) 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 three thousand (3,000) 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.
(b) 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 percent (75%) of its length.
(c) Fountain/water feature: a fountain, cascade, stream or other water display which is located in an unenclosed, publicly accessible space and is maintained in operating condition throughout the year, except when weather conditions prohibit such operation.
(d) 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.
(e) 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 frontage along at least fifty percent (50%) of its length.
(f) Child day-care center: a facility located within the project or on an adjacent Central Business Design 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.
(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) Wider sidewalks in a design district development park: A wider sidewalk, public and/or private, with a minimum width of fifteen feet (15’) as measured from curb to building front, with limited obstructing permanent features which conforms to the Norwalk Business District Design Guidelines streetscape standards, is designed to facilitate pedestrians, and is open to the public seven (7) days a week. [Added effective 10-26-2007]
(3) Amenity schedule: a proposed site amenity which
complies with the standards set forth above shall be eligible for bonus floor
area and/or height as set forth in Table 1: Schedule of Bonus Factors.
Public Amenity |
Bonus Floor Area* |
Height Bonus (stories/feet) |
Pedestrian plaza |
1:1 |
|
Sidewalk arcade |
2:1 |
|
Fountain/water feature |
5:1 |
|
Atrium |
6:1 |
1/12 |
Through-block arcade |
8:1 |
2/24 |
Day-care center |
6:1 |
2/24 |
Public parking facility |
4:1 |
1/12 |
In a design district development park, wider sidewalks, pedestrian plazas and green roofs** |
2:1 |
2/24 |
*NOTE: 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, subject to FAR and height caps for each subarea.
**Bonus height in a design district development park shall be setback a minimum of eighty feet (80’) from the borders of the design district development park, including from all development park property lines adjacent to or across the street from a residence zone, and the floor area of the additional stories provided by the height bonus shall not exceed the bonus floor area. [Added effective 10-26-2007]F. Off-street parking and loading requirements. See §§ 118-1200 through 118-1260 of the regulations, except that:
(1) For all properties with street frontage on West Avenue, Belden Avenue, Wall Street and Main Street, the principal use and structure shall be located between the street line of the above-mentioned streets and all parking facilities. Underground parking facilities, the roofs of which are less than three (3) feet above the center-line elevation of the street, shall be exempt from this requirement. Properties with street frontage other than those noted shall provide a ten-foot buffer between all parking facilities and the street line.
(2) Parking areas and structures located in Subarea C shall be set back twenty-five (25) feet from the mean high-water mark and shall be suitably landscaped to provide an appropriate transition between the public accessway and parking facilities.
(3) The required amount of loading may be met on the same lot where the use occurs or on an adjacent lot, subject to approval by the Commission.
(4) Wherever possible, vehicle access to parking and loading facilities shall be confined to less active, secondary streets and shall utilize a minimum of curb cuts. [Amended effective 10-26-2007]
(5) A minimum ten-foot buffer is required for at-grade parking areas which abut a residence zone. Parking structures shall be subject to Subsection D(2) herein.
(6) For mixed-use projects, twenty percent (20%) of the parking required for the residential use may be met by the parking provided for the nonresidential use. However, where it can be sufficiently demonstrated to the satisfaction of the Commission that a nonresidential use occurs predominantly during the weekday and daytime hours, for example, offices, then up to fifty percent (50%) of the parking required for the residential use may be met by the parking provided for such nonresidential uses. A use which occurs predominantly during the weekday and daytime hours shall not be changed to a use which does not occur predominantly during the weekday and daytime hours.
G. Sign regulations. See §§ 118-1290 through 118-1295 of the regulations.
H. The Central Business Design District shall not apply to buildings for which a zoning permit has been issued or Commission approval granted prior to October 1, 1987. Such buildings may be completed in accordance with plans filed with the Zoning Inspector or Commission prior to such date.
§ 118-505. Marine Commercial Zone. [Added 4-29-1988; amended effective 1-27-1989]
A. Purpose and intent.
(1) The purpose of this regulation is to protect Norwalk's highest concentration of marine industries by preserving and enhancing existing water-dependent land uses and encouraging development which is compatible with the area's role as an active commercial harbor. The retention of existing boatyards, marinas and recreational and commercial fishing enterprises is essential to ensure that existing navigational channels are maintained and to preserve Norwalk's role as a seaport community and a regional port facility. The proximity of active navigational channels providing access to Long Island Sound render the property within this district suitable for all types of water-dependent uses. Mixed use developments, such as complexes of offices, restaurants, shops, parks, promenades and residences, which contribute to the preservation and enhancement of these water-dependent uses and which comply with established waterfront design guidelines are allowed by Special Permit.
(2) In addition, the regulation seeks to encourage strong linkages between the waterfront and the South Norwalk Business District. The provision of public access along the water's edge and the development of complimentary uses and activities on the waterfront will serve to integrate the area with the Washington Street Historic District, the Maritime Center and adjacent residential neighborhoods. Within East Norwalk, the regulation seeks to promote the unified development of Cove Marina, so called, in a manner compatible with the Marina, restaurant and other existing uses as well as the recreational uses on adjacent parkland. [Amended effective 7-24-1992]
B. General regulations.
(1) All development within this zone shall be subject to coastal site plan review and all other requirements of § 118-1110 herein.
C. Uses and structures.
(1) Principal uses and structures. In a Marine Commercial Zone, 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 water-dependent uses:
(a) Marinas, water-based recreational uses, docks and port facilities.
(b) Recreational and commercial fishing and boating facilities.
(c) Finfish and shellfish processing plants.
(d) Shipyards, boat building and sales and marine repair facilities.
(e)EN45 Industrial, processing and storage facilities dependent on waterborne transportation for the supply of product.
(f) Waterfront clubs.
(g) Marine research labs and related facilities.
(h) Parks, open space, and public recreational facilities.
(i) Marine police, harbor master and other marine enforcement agencies.
(j) Other water-dependent uses which require direct access to or location in marine or tidal waters and which cannot reasonably be located inland.
(2) Special Permit uses and structures. The following uses and structures shall be permitted by Special Permit in accordance with § 118-1450, Special Permits, provided that all Special Permit uses shall have suitable pedestrian access from an existing or proposed street, shall result in preservation and enhancement of water-dependent uses along the water's edge and shall have such shape, dimensions, character and location to accomplish the purpose and intent of Subsection A of this section:
(a) Multifamily dwellings, including elderly and congregate housing.
(b) Restaurants and taverns, excluding drive-in facilities.
(c) Offices.
(d) Hotels.
(e) Retail establishments and personal and business service establishments.
(f) Public utility supply or storage facilities.
(g) The expansion of an existing manufacturing use.
(h) Terminals for freight or passengers arriving or departing by ship, including ferry boats, excursion boats and boat rental facilities. [Added effective 5-1-1998]
(3) Accessory uses and structures which are incidental to and customarily associated with the principal water-dependent use of the premises shall be permitted, including the sale of marine equipment or products, sail lofts, boat shows and related exhibitions or events, boat storage racks, dockside facilities for dispensing fuel and restroom and laundry facilities to serve overnight patrons. Outdoor storage of trash receptacles shall not be permitted within front or rear yards. [Amended effective 7-24-1992]
(4) For purposes of this Article, the provision of public access to the waterfront shall not, by itself, convert an otherwise non-water-dependent use into a water-dependent use.
(5) Uses which are not otherwise permitted in the Marine Commercial Zone shall not be permitted by variance in this district.
D. Lot and building requirements.
(1) New developments and additions to structures on lots adjacent to the water shall provide public access along the waterfront which is a minimum of twenty-five (25) 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. Reasonable time-of-day restrictions may be established regarding such public accessways where justified for reasons of security or public safety.
(2) The rear yard may be waived or modified by the Commission where the proposed use preserves and enhances water-dependent uses or where a lesser setback would maximize public views of and access to the waterfront or where the reuse of existing buildings and structures is considered to be consistent with the purposes of the district.
(3) The amount of building floor area and residential density permitted by these regulations shall be calculated on the area of parcel which is above the mean high water (MHW) line at the time that the application is filed.
(4) [Added effective 7-24-1992] Large single lot development. In order to permit phased development upon parcels ten (10) acres or larger in area, subparcels may be created within which the requirements of the Marine Commercial regulations shall apply, subject to the following requirements. Development may take place upon two (2) or more subparcels in the same phase.
(a) Subparcels shall be created according to an overall plan for the entire parcel, subject to approval by the Zoning Commission;
(b) Each subparcel shall have a minimum of one hundred (100) feet of direct frontage on the waterfront and shall maintain ninety percent (90%) of this width for the depth of the subparcel;
(c) Each subparcel shall have a minimum area of one (1) acre; and
(d) Public access along the waterfront within a subparcel shall be accessible from a street, subject to approval by the Zoning Commission.
(5) The height, bulk, location and use of all buildings in existence at the time of adoption of this section are hereby declared to be in conformance with the requirements of this section, provided that if such buildings are destroyed by fire, explosion or act of God or act of public enemy to an extent exceeding fifty percent (50%) of their assessed value, they may be reconstructed only if the height, bulk, location and use of the building is substantially as it had previously existed, subject to approval by the Director of Planning and Zoning, except as modified where necessary to conform with 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. [Added effective 7-24-1992]
E. Off-street parking and loading requirements. See §§ 118-1200 through 118-1260, except that:
(1) Twenty percent (20%) of the parking required for residential and recreational boating uses may be met by the parking provided for other nonresidential permitted uses. However, where it can be sufficiently demonstrated, to the satisfaction of the Commission, that another permitted use occurs predominantly during the weekday and daytime hours, for example offices, then up to fifty percent (50%) of the parking required for residential and recreational boating uses may be met by the parking provided for such other permitted uses. Under these circumstances, a use which occurs predominantly during the weekday and daytime hours shall not be changed to a use which does not occur predominantly during the weekday and daytime hours.
(2) Parking facilities and driveways shall not be closer than thirty (30) feet from MHW, except where required for access by a water-dependent use. Unenclosed surface parking shall be no closer than fifty (50) feet from the front property line, and such unenclosed surface parking shall provide a landscaped buffer strip to ensure an appropriate transition between public access areas and parking facilities.
F. Sign regulations. See §§ 118-1290 through 118-1295.
§ 118-506. SoNo Station Design District. [Added effective 8-24-1990]
A. Purpose and intent. The purpose of this regulation is to permit the redevelopment of the South Norwalk Railroad Station in accordance with the SoNo Station Plans, as set forth in the development agreement approved by the Norwalk Redevelopment Agency. These plans are consistent with the city's goals and policies to:
(1) Upgrade the railroad station and related commuter facilities including parking, security, waiting rooms, restrooms and convenience retail;
(2) Retain and enhance the established character of South Norwalk by keeping the scale and use of buildings compatible with those on adjacent streets; limiting major traffic flow to nonresidential streets; and installing street improvements (i.e., curbs, sidewalks, street trees, lighting); and
(3) Maximize the opportunity presented by the railroad station by permitting intensive residential, commercial and related development which is economically viable.
B. Uses and structures.
(1) Principal uses and structures. In the SoNo Station Design 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.
(a) Railroad station and commuter facilities.
(b) Multifamily dwellings, including elderly housing.
(c) Retail stores and personal and business service establishments.
(d) Health clubs.
(e) Offices.
(f) Banks and financial institutions (excluding drive-in facilities).
(g) Restaurants and taverns (excluding drive-in facilities).
(h) Theaters and auditoriums.
(i) Child day-care centers.
(j) Parks, playgrounds and open space.
(k) Off-street parking facilities.
(l) Museums, libraries and meeting halls.
(2) Special Permit uses and structures. The following uses and structures shall be permitted by Special Permit in accordance with the provisions of Article 140, § 118-1450, Special Permits:
(a) Warehouses and other storage facilities.
(b) Public utility supply or storage facilities.
(c) Bank drive-in facilities.
(3) Uses which are not permitted in Subsection B(1) and (2) above shall not be permitted by variance in the SoNo Station Design District.
(4) Section 118-1020 shall not apply to premises within the SoNo Station Design District. One (1) package store for retail sale of alcoholic beverages shall be permitted.
(5) Twenty percent (20%) of all dwelling units in this district shall be made affordable to families and individuals of low and moderate income as set forth in Article 101, § 118-1050, Moderate-income housing regulation, Subsections B, C(5) through (10), D(1), (2) and (4). All other subsections of § 118-1050 shall not apply.
(6) Accessory uses and structures. Accessory uses and structures which are incidental to and customarily associated with the principal use of the premises shall be permitted.
C. Lot and building requirements. See the Schedule Limiting Height and Bulk of Buildings, SoNo Station Design 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) Open space shall include natural and landscaped areas, pedestrian plazas, courtyards, walkways, recreation areas and the like. Open space on the roof of a parking structure, but no other type of structure, shall be permitted.
D. Off-street parking and loading requirements. See §§ 118-1200 through 118-1260, except that:
(1) Commuter parking for the railroad station shall be provided, as required by the Connecticut Department of Transportation, but not to exceed eight hundred thirty-five (835) spaces.
(2) One (1) parking space per five hundred (500) square feet of active commercial floor area for offices shall be provided.
(3) One (1) parking space per one thousand (1,000) square feet of active commercial floor area for the uses enumerated in Subsection B(1)(c), (f) and (i) above shall be provided.
(4) One (1) parking space per two hundred (200) square feet of active commercial floor area for restaurants and taverns shall be provided.
(5) One (1) parking space per five (5) seats, based upon maximum seating capacity for theaters and auditoriums. Up to one hundred percent (100%) of the parking required for theaters and auditoriums may be met by the parking provided for the railroad station, provided that it can be sufficiently demonstrated to the satisfaction of the Commission that the theater and auditorium parking use occurs predominantly during the evening hours and weekends.
(6) Parking for multifamily dwellings shall be provided as follows:
(a) One (1) parking space per studio unit.
(b) One and one-fourth (11/4) parking spaces per one-bedroom dwelling unit
(c) One and one-half (11/2) parking spaces per two-bedroom or larger dwelling unit. [A dwelling unit with four (4) or more rooms shall count as two (2) bedrooms.]
(7) Up to forty percent (40%) of the parking required for multifamily dwellings may be met by the parking provided for the railroad station, provided that it can be sufficiently demonstrated to the satisfaction of the Commission that the residential parking use occurs predominantly during the evening hours and weekends.
(8) Parking stall dimensions and minimum aisle width within the SoNo Station Design District shall be as follows:
(a) Parking stalls for full-size vehicles shall be eight (8) feet three (3) inches in width and seventeen (17) feet in length. [Amended effective 9-24-1993]
(b) Minimum aisle width for ninety-degree right-angle parking shall be twenty-six (26) feet. [Amended effective 9-24-1993]
(c) Not more than thirty-five percent (35%) of the parking required by these regulations shall be for compact vehicles. The provisions of § 118-1230C(4) shall not apply.
(9) Section 118-1260 shall not apply to premises within the SoNo Station Design District. Loading areas shall be designated upon the SoNo Station Plans.
E. Sign regulations. See §§ 118-1290 through 118-1294, except that three (3) theater marquees may be permitted in addition to other signs permitted under said sections. Each marquee shall n