Hear and decide appeals where it is alleged there is an error in any order, requirement or decision made by the Zoning Inspector. An appeal from any order, requirement or decision of the Zoning Inspector must be filed at the office of the Zoning Inspector, in writing, on forms prescribed by the Board, within fifteen (15) days of such order, requirement or decision. Such appeal period shall commence for an aggrieved person at the earliest of the following: 1) Upon receipt of the order, requirement or decision from which such person may appeal, 2) upon publication of a legal notice in a newspaper having substantial circulation in Norwalk, or 3) upon actual or constructive notice of such order, requirement or decision.

Hear and decide applications for Special Permits, grants or exceptions in the following situations:

Vary any requirement of these regulations in harmony with their general purpose and intent, so that substantial justice may be done. This authority shall be exercised in a manner to secure the public health, safety and welfare solely in instances where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations. To grant a variance, the Zoning Board of Appeals shall adopt a resolution which shall stipulate the reason for granting the variance.

Investigate all suspected violations of these regulations and take any action he deems appropriate to abate violation and enforce compliance in accordance with the General Statutes.

Advise the Commission and the Zoning Board of Appeals regarding applications before them and recommend amendment of the regulations, map or rules of procedure.

Advise members of the public on the application of Building Zone Regulations.

Perform staff functions as required by the Commission.

Issue zoning approvals for all proposed building projects and issue a certificate of zoning compliance for all completed projects complying with the provisions of these regulations.

Prior to the issuance of an electrical permit to add meters to an existing use, zoning approval shall be required.

Such approval shall be contingent upon the placing of an affidavit in the Norwalk land records stating the number of meters to be installed without change of use. Such affidavit shall be furnished by the Zoning Inspector.

An application for a Special Permit shall be filed with the staff of the Zoning Commission and shall be accompanied by a filing fee as indicated on the approved Schedule of Fees, effective as of the date of the application, to be paid by the applicant at time of submission of the application. Legal notice fees shall be the responsibility of the applicant, who shall be billed for the payment of legal notice fees directly by the publisher of such notice. The application shall conform to the requirements of these regulations, including those relating to supporting documents, if applicable, and with such requirements as the Commission may prescribe from time to time. 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.

Where required by these regulations, an application for Village District design review shall be filed with the staff and accompanied by a filing fee as indicated on the approved Schedule of Fees, effective as of the date of the application, to be paid by the applicant at time of submission of the application. The Commission shall refer such application to its Village District consultant to review for compliance with applicable design guidelines. The report of such consultant shall be entered into the public hearing record and considered by the Commission in making its decision. Such fee shall be used by the Commission to compensate the Village District consultant; any unused balance shall be returned to the applicant.

The Commission shall hold a public hearing on the Special Permit application in accordance with the time periods specified in Sections 8-3c and 8-7d of the Connecticut General Statutes, as amended.

The Commission shall approve, approve with conditions or disapprove the application in accordance with the time periods specified in Sections 8-3 and 8-7d of the Connecticut General Statutes, as amended. In approving the application, the Commission shall set an effective date and may attach such conditions to the Special Permit as shall ensure compliance with the requirements of Subsection C of this section and of any other applicable section of these regulations. The Commission shall set forth the grounds for its action in a report which shall be incorporated into the minutes of its meeting.

Any extension or change of an existing structure or use permitted by Special Permit which substantially changes its character or intensity shall be treated as a new Special Permit.

The Zoning Inspector shall deliver all resolutions granting Special Permits and maps pertaining thereto to the Town Clerk for recording and filing in the land records of the Town of Norwalk.

Any Special Permit for which a building permit has not been issued within one year from the effective date shall become null and void, unless an extension of time is applied for and granted by the Commission.

The Commission may require the applicant to post a financial guarantee with good and sufficient surety to guarantee completion of the site plan or any modifications to the plan and all work required as a condition of approval under a Special Permit. A financial guarantee for any site plan or modifications required by the Commission shall be posted by the applicant approved as to form and financial institution by the Commission or Corporation Counsel at any time before completing all site plan modifications, public improvements or utilities. The financial guarantee shall be released only after all improvements are complete and are in satisfactory condition. If not satisfactory, within 65 days of release request, a written explanation shall be provided to the applicant detailing the outstanding work that must be completed before such financial guarantee or portion thereof may be released. Upon completion of required improvements, a maintenance bond shall be posted in the amount of fifteen percent (15%) of the total amount of the original financial guarantee or one thousand dollars ($1,000.), whichever is greater. The maintenance bond shall be retained for a period of one (1) year after the release of the original financial guarantee in order to insure that the required improvements are in satisfactory condition. Liability shall be limited to defects in material and workmanship.

In granting a Special Permit, the Commission may attach reasonable conditions and safeguards as it deems necessary to protect the general health, safety, welfare and property values of the neighborhood, including but not limited to, requiring additional screening of lights and parking areas, limiting the hours of operation, requiring the redesign of buildings, and similar types of safeguards or conditions. A Special Permit may be granted after determination by the Commission that the proposed use or structure is in harmony with the general purpose and intent of these regulations and after consideration of the following conditions where applicable:

Minimum lot size. For all properties located in a B, C or D Residence Zone, the required minimum lot size needed for a Special Permit use shall be no less than twice the minimum lot size as that required for a single-family dwelling, as per the Schedule Limiting Height and Bulk of Buildings and Size of Lot: Residential.

Building setbacks. All buildings shall be set back from front, side and rear property boundaries by an amount not less than the minimum setback specified in the Residential Schedule plus six inches for each foot of building length in excess of forty (40) feet, such length measured parallel to the property boundary. Building setback from a side property line shall not be required to exceed forty (40) feet and the building setback from a front property line shall not be required to exceed twice the minimum front setback standard as that required for a single-family dwelling, as per the Schedule Limiting Height and Bulk of Buildings and Size of Lot: Residential.

Parking setbacks. All required vehicle parking areas shall be required to provide a minimum setback of ten (10) feet from side and rear property boundaries.

Any special permit for a nonresidential use or structure in existence at the time of adoption of this amendment and located in a zoning district which permits such use or structure is hereby declared to be in conformance with the requirements of this subsection, provided that, if such structure is destroyed by fire, explosion, act of God or act of public enemy, to an extent exceeding fifty percent (50%) of its assessed value, it may be reconstructed only if the height, bulk, location and use of structure 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 owner of such structure shall document by A-2 Survey or other means, the height, bulk, location and use of the structure as it had previously existed and shall obtain a permit to rebuild said structure within one hundred eighty (180) days from the date of its destruction. No changes in the approved use of the structure are permitted under this regulation.

An existing special permit structure, previously approved by the Commission and in existence at the time of adoption of this amendment, may be expanded by up to twenty-five percent (25%) of its existing floor area, provided that the proposed expanded structure complies with the zoning regulations in effect prior to the adoption date of this new § 118-1450D (adopted effective September 4, 2015). Any such expansion, other than a minor change, shall require a new Special Permit.

Where site plan review is required by these regulations, no zoning approval shall be issued by the Zoning Inspector except upon approval of the site plan as set forth herein and in conformity with the approved site plan. Applications for site plan review shall be in a form and contain such information and supporting documents as the Commission may prescribe from time to time. 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.

Where required by these regulations, an application for Village District design review shall be filed with the staff and accompanied by a filing fee as indicated on the approved Schedule of Fees, effective as of the date of the application, to be paid by the applicant at time of submission of the application. The Commission shall refer such application to its Village District consultant to review for compliance with applicable design guidelines. The report of such consultant shall be entered into the public hearing record and considered by the Commission in making its decision. Such fee shall be used by the Commission to compensate the Village District consultant; any unused balance shall be returned to the applicant.

An application for site plan review shall be submitted to the staff of the Commission and shall be accompanied by a filing fee as indicated on the approved Schedule of Fees, effective as of the date of the application, to be paid by the applicant at time of submission of the application. An application for modifications to an approved plan revised without prior Commission approval shall be accompanied by a filing fee of one thousand dollars ($1,000.). 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. The staff shall review the site plan for compliance with the applicable provisions of these regulations.

Site plan applications which comply. Applications which comply with these regulations shall be approved or modified and approved by the Commission.

Application for site plan review shall be approved, modified and approved or disapproved in accordance with the time periods specified in Section 8-7d of the Connecticut General Statutes, as amended. If the application is not acted upon within the allotted time period, such inaction shall constitute approval.

A site plan may be modified or denied only if it fails to comply with requirements already set forth in these regulations. A decision to deny or modify a site plan shall set forth the reasons for such denial or modification.

The Commission may, at its discretion, hold a public hearing on site plan when, in its opinion, the size of the building, the location of the property, the area of the lot, the amount of parking provided and the traffic to be generated creates the potential for a significant impact upon the community or region. Notice of the hearing shall be given in accordance with Section 8-7dc of the Connecticut General Statutes, as amended.

Notice of a decision on a site plan review application shall be sent by certified mail to the person who submitted such plan within fifteen (15) days after the decision is rendered.

Any approved site plan for which a building permit has not been issued within one year from the effective date shall become null and void, unless an extension of time is applied for and granted by the Commission.

No certificate of zoning compliance shall be issued for a use or structure subject to site plan review until all improvements to the lot have been completed or a financial guarantee in an amount to cover the cost of the incomplete improvements has been approved as to form and financial institution by the Commission or Corporation Counsel and filed with the Zoning Inspector and conditioned to complete the items within a time deemed reasonable by the Zoning Inspector. The financial guarantee shall be released only after all improvements are complete and are in satisfactory condition. If not satisfactory, within 65 days of release request, a written explanation shall be provided to the applicant detailing the outstanding work that must be completed before such financial guarantee or portion thereof may be released.

Any extension or change of an existing structure or use subject to site plan review which substantially changes its character or intensity shall be subject to review and approval as set forth herein.

Applications for site plan review shall be referred by the Commission staff to other appropriate city agencies and departments for review and recommendation.

"Stable traffic flow" shall mean that site-generated traffic shall not adversely affect pedestrian or vehicular safety, conflict with the pattern of highway circulation or increase traffic congestion to a level of service (LOS) considered unacceptable by the Commission.

Off-street parking and loading. All off-street parking and loading areas shall be arranged in an orderly manner so as to provide safe and convenient access for vehicles and pedestrians using the area. Adequate emergency vehicle access shall be provided as determined by the Fire Department.

Landscaping and screening. All off-street parking and loading areas shall be landscaped in accordance with § 118-1250 of these regulations. The area between the street line and the front setback line, except for vehicle and pedestrian accessways shall be landscaped with lawns, trees, shrubs or other appropriate planting. Properties used for commercial or industrial purposes shall provide buffer strips in accordance with § 118-1000 of these regulations. Major trees and significant landscape features shall be preserved to the maximum extent practicable and sidewalks, with a minimum clearance of five (5) feet without obstructions, shall be provided.

Illumination. All outdoor lighting and illuminated signs shall be of a reasonable intensity of illumination and shall be shielded so that such lighting will not adversely affect any abutting property, street or navigable waterway.

Utilities. All sanitary and storm sewers shall be designed and certified by a civil engineer and shall be approved by the Department of Public Works. Proper provision for erosion and sedimentation control shall be made, subject to approval by the Site Planner.

Impact upon adjacent property. The traffic access, off-street parking and loading, landscaping and screening, illumination and utilities provided for a site shall not be detrimental to the safe and orderly development of any adjacent property.

No zoning violation exists on the property.

Failure to strictly adhere to any permit issued by this department or the documents, plans, terms, conditions, safeguards, approvals and/or permits approved by the Commission as part of any application shall be a violation of these Regulations, and the Commission shall have the authority to revoke the permit associated with that violation, at any time the operation is found to be in noncompliance with the original permit, provided that the Commission finds that:

Should the Commission conclude that the violation is a gross violation and the violator is not responding to repeated requests from staff to correct the violation or the violation is a repeat offense, the Commission shall hold a public hearing to consider revocation of the permit. The Commission shall notify the violator, the property owner if other than the violator and all owners of land that abut or are directly across the street from the subject parcel no later than ten (10) days prior to the scheduled hearing date. Mailings shall be evidenced by a certificate of mailing. The names of the owners shall be taken from the latest Tax Assessor records. When a condominium is located across the street, or abuts the subject proposal, notification may be sent to the condominium association in lieu of the individual unit owners.

If the Commission determines the permit shall be revoked, it shall direct City staff to pursue all legal remedies to gain compliance.

Regardless of whether the Commission determines that the violation warrants revocation of the permit or not, its finding does not prohibit the pursuit of any other enforcement means available.