The following zoning application types have been established for these Regulations:

TABLE NOTES

X Agency

R Referral

A Certain appeals are filed directly with the Connecticut Superior Court. Consult an attorney for guidance.

Applicability. No building or structure shall be erected, added to or structurally altered until a zoning permit has been issued by the zoning enforcement officer. All applications for such zoning permits shall be in accordance with the requirements of these regulations. The building inspector shall not issue a building permit until such time as a zoning permit has been issued.

7.2.1

Application Required.

.1

An application for a Zoning Permit shall be made to the Zoning Enforcement Officer (ZEO) on a form provided for that purpose before:

.2

The erection or alteration of any structure is commenced in any district; or

.3

The commencement of any other activity that requires a Zoning Permit or other permit required by these Regulations.

7.2.2

Application Requirements.

.1

A completed Zoning Permit application form;

.2

The appropriate fee;

.3

A Class A-2 boundary survey prepared, stamped with an embossed seal, and signed by a Connecticut-licensed land surveyor showing the information required in the Appendix of these Regulations;

.4

Building plans (dimensioned floor plans and elevations);

.5

Driveway plan;

.6

Grading plan;

.7

A Soil Erosion and Sediment Control Plan in accordance with Section 5.4. Such additional information as may be necessary to determine compliance with the provisions of these Regulations;

.8

Other drawings and documentation showing the information required in the Appendix of these Regulations; and

.9

The Zoning Enforcement Officer may reduce the application requirements provided there is sufficient documentation to determine compliance with the Regulations.

7.2.3

Proceedings.

.1

If the submitted application materials document to the satisfaction of the Zoning Enforcement Officer that the proposed activity or use is in compliance with these Regulations, the ZEO shall issue a Zoning Permit setting forth the date on which the permit was issued.

.2

Other Permits. Approval of an Application for a Zoning Permit or Certificate of Zoning Compliance or the issuance of a Certificate shall not be construed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain any permit thereunder.

.3

If all of the requirements of these Regulations are met, the Zoning Permit shall be issued within 30 days of the receipt of the completed application. Otherwise the permit shall be denied for stated reasons.

.4

An application for a Zoning Permit may be withdrawn, in writing, by the applicant at any time prior to final action.

7.2.4

Conditions. Any maps, plans, documents, statements, and stipulations submitted to and approved by the Commission or Zoning Board of Appeals in connection with a site plan, Special Permit, variance or other action of such Commission or Board, shall be conditions for approval of an Application for a Zoning Permit.

7.2.5

Notice Provisions. In accordance with CGS § 8-3(f), the applicant may publish notice of the Zoning Permit in order to establish the appeal period under CGS § 8-7. Any such notice published by the applicant shall contain:

.1

A description of the building, use or structure and its location. If the property does not have a street address assigned, the applicant shall provide additional information to inform residents about the location of the property for which the signoff applies.

.2

The identity of the applicant.

7.2.6

Foundation Survey Recommended. The property owner shall notify the Zoning Enforcement Officer of the completion of the foundation of any new structure or addition thereto within seven days after such completion. It is recommended that a Class A-2 boundary survey prepared by a Connecticut-licensed land surveyor be filed with the Zoning Enforcement Officer (ZEO) showing the foundation location of the new building, structure, or addition. Such filing would be beneficial to the landowner in helping to assure that any errors in location are found at an early time in the construction process.

7.2.7

Zoning Permit Expiration.

.1

Any Zoning Permit issued by the ZEO under the provisions of these Regulations shall become invalid if the authorized work is not commenced within five (5) years after issuance of the Zoning Permit, or if the authorized work is suspended or abandoned for a period of five (5) years after the time of commencing the work.

.2

A permit may be renewed once for an additional five (5) years upon filing a written request to do so.

7.2.8

Inspections. The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any land, building or other structure to determine compliance with these Regulations. No Zoning Permit or Certificate of Zoning Compliance shall be issued until the Zoning Enforcement Officer has inspected the land, building or other structure involved to determine that the use and/or the buildings or other structures conform to these Regulations.

7.2.9

Orders. The Zoning Enforcement Officer is authorized to issue a Cease and Desist Order if in his judgment the excavation of land, use of land, buildings and other structures or the construction, reconstruction, enlargement, extension, moving or structural alteration of a building or other structure are not being carried out in compliance with these Regulations; he shall withdraw such Order when he determines that there is compliance with these Regulations. The Zoning Enforcement Officer is authorized to order in writing the remedying of any condition found to be in violation of these Regulations.

7.2.10

Records. The Zoning Enforcement Officer shall keep records of all fees, all Applications and Certificates of Zoning Compliance, all identifiable complaints of any violation of these Regulations, all inspections made under these Regulations and all notices of violation served by him and the action taken thereon.

7.3.1

Applicability.

.1

No structure, land or premises shall be occupied for use or converted to a new use until a certificate of zoning compliance has been issued by the Zoning Enforcement Officer or his designee.

.2

The Zoning Enforcement Officer shall determine that any use, building, structure or alteration for which a Zoning Permit has been issued conforms in all respects to the zoning Regulations.

7.3.2

Procedures.

.1

Upon completion of any building, structure or addition for which a Zoning Permit has been issued the applicant shall submit the following information to the ZEO before a Certificate of Zoning Compliance may be issued;

.2

A Class A-2 boundary survey prepared, stamped with an embossed seal, and signed by a Connecticut-licensed land surveyor showing the information required in the Appendix of these Regulations; and

.3

A certification by a Connecticut-licensed land surveyor as to the location of the completed building, structure or addition, the lot coverage, and building height, where applicable:

.4

As an alternative to full project completion, the applicant may seek the approval of the Commission to post a bond for completion of any required public infrastructure, sedimentation and erosion controls, and other items for which a bond may lawfully be required. The bond amount and form shall be determined by the Commission after consultation with the City Engineer and City Attorney and shall be based on a breakdown of remaining project elements provided by the applicant. The bond amount shall include costs incurred for administration should the bond need to be called upon:

.5

The Zoning Enforcement Officer, or his designee, shall determine whether the project conforms to the Zoning Regulations;

.6

In the event that any Zoning Permit or Certificate of Zoning Compliance is issued based on incorrect information or the specific conditions of approval are not adhered to strictly, such certificate may, after a hearing, be deemed null and void by the Commission;

.7

A certificate of zoning compliance shall remain in effect as long as the specified uses and conditional requirements are properly maintained, but if such conditions and uses are no longer maintained, the Commission may, after a hearing, deem the certificate null and void.

7.3.3

Notice Provisions. In accordance with CGS § 8-3(f), the applicant may publish notice of the Zoning Permit in order to establish the appeal period under CGS § 8-7. Any such notice published by the applicant shall contain:

.1

A description of the building, use or structure and its location. If the property does not have a street address assigned, the applicant shall provide additional information to inform residents about the location of the property for which the signoff applies.

.2

The identity of the applicant.

7.4.1

A parcel of land that has not been divided since the adoption of subdivision regulations may be divided into two (2) parcels of land without a subdivision approval by the Planning and Zoning Commission.

7.4.2

The Commission's enforcement agent does not have the legal authority to determine whether any proposed or existing division of land constitutes a subdivision that would require the approval of the Commission. The Commission may make such a determination pursuant to the Subdivision Regulations of the City of Norwich.

7.4.3

Since the Commission's enforcement agent cannot legally determine whether a parcel was created by a land division or lot line adjustment requiring the Commission's approval under the Subdivision Regulations, any approval by the agent of a zoning permit or Certificate of Zoning Compliance shall not be deemed to constitute a finding that no such Commission approval is necessary, nor shall it excuse the landowner from obtaining such Commission approval if legally necessary.

Any person who obtains a zoning permit or Certificate of Zoning Compliance for any use of a parcel created by a division or lot line modification that has not been reviewed or approved by the Commission does so at his or her own risk.

7.5.1

Objectives. In reviewing any site plan under this section, the Commission shall be concerned with the following objectives:

.1

To promote the public health, safety, comfort, convenience, prosperity, amenity and other aspects of the general welfare.

.2

To ensure that the layout of the proposed use shall be in harmony with the surrounding area, and shall contribute to its desirable and orderly development.

.3

To ensure that traffic generated by the proposed use will not adversely affect the surrounding area, and will not disrupt the orderly movement of vehicles and pedestrians in the area.

.4

To protect and preserve the supply of potable drinking water by protecting and preserving subsurface aquifers.

7.5.2

Applicability.

.1

A site plan application shall be submitted for any activity designated in these Regulations as requiring a site plan approval.

.2

In addition, any material change in a building, structure or use that is made in connection with a use requiring site plan approval under these Regulations, shall be submitted to the Commission for a decision. A change shall be deemed material if any of the following conditions apply:

.1

The proposed change alters any feature that is required to be shown or described in a site plan application.

.2

The proposed use is different than the use(s) previously existing or for which a site plan was previously approved.

.3

The proposed change involves a division of the property or a change of property line.

.4

The proposed change requires a building permit.

.3

All site plan revisions must bring into conformance, to the extent practicable, all aspects of the site that do not conform to current Regulations.

.4

The Commission may exempt from site plan review any change in a previously approved site plan that does not involve an increase in required parking and does not significantly alter the nature of the use of the site.

7.5.3

Application Requirements.

.1

A site plan application shall be accompanied by 4 full-size (24" x 36") and 12 reduced-size (11" x 17" or 12" x 18") copies of detailed Site Development Plans, signed and sealed by an appropriate professional, that comply with the requirements in the Appendix of these Regulations.

.2

Waiver of Required Application Documentation. Upon written request by the applicant identifying specific sections of the application requirements from which he requests exemption and reasons justifying such request, the Commission may by resolution waive the required submission of all or part of the information required if the Commission finds that the information is not necessary in order to decide on the application.

.3

Request for Additional Documentation. The Commission may, in accordance with the requirements of these Regulations and the Appendix of these Regulations, require the submission of additional information as deemed necessary to make a reasonable review of the application.

7.5.4

Proceedings.

.1

The date of receipt of the Special Permit Application shall be determined in accordance with section 7.11.2.

.2

An incomplete Special Permit Application may be denied in accordance with section 7.11.3.

.3

For new construction or other activity considered to be significant in the sole judgment of the Commission, the Commission may hold a public hearing on the application, and if such hearing is to be held, shall require that the applicant give notice to property owners in accordance with the requirements of section 7.11.7 of these Regulations.

.4

Notification to adjoining municipalities may be required in accordance with the requirements of section 7.11.8.

.5

Notification to water companies may be required in accordance with the requirements of section 7.11.9.

.6

Notification to a regional planning agency may be required in accordance with the requirements of section 7.11.10.

.7

Whenever a Site Plan Application is required in conjunction with another application requiring a public hearing (such as a Special Permit Application or a Zoning Map Amendment):

.1

The time period for acting on the Site Plan Application shall coincide with the time period for acting on the related application, and

.2

A decision on the application shall be rendered within 65 days after the close of the public hearing on such other application except that the applicant may consent to one or more extensions of such period provided the total period of any such extension or extensions shall not exceed 65 days.

.8

Whenever approval of a Site Plan is the only approval required, a decision on the application shall be rendered within 65 days after the date of receipt of such Site Plan Application except that the applicant may consent to 1 or more extensions of such period provided the total period of any such extension or extensions shall not exceed 65 days.

.9

Notwithstanding the provisions of this section, if an application involves an activity regulated pursuant to CGS §§ 22a-36 to 22a-45, inclusive and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands and Watercourses Commission, the time period for a decision shall be extended to 35 days after the decision of such agency.

.10

The applicant may, at any time prior to action by the Commission, withdraw such application.

.11

The applicant shall bear the burden of demonstrating that any applicable Special Permit Criteria in these Regulations are addressed.

7.5.5

Coordination for Other Agency Review.

.1

Inland Wetlands and Watercourses. On a site plan application involving an activity regulated pursuant to CGS §§ 22a-36 to 22a-45, inclusive, the Commission shall:

.1

Wait to render its decision until the Inland Wetlands and Watercourses Commission has submitted a report with its final decision, and

.2

Give due consideration to any report of the Inland Wetlands and Watercourses Commission when making its decision.

.2

Coastal Area Management. On a site plan application involving an activity regulated pursuant to CGS §§ 22a-90 to 22a-110, inclusive, the Commission shall also review the application in accordance with section 7.6 of these Regulations.

.3

Floodplain. On a site plan application involving an activity in a floodplain pursuant to the Flood-Plain Management Ordinance of the City of Norwich, the Commission shall transmit a copy of the application to the City Engineer for a report. If the Commission does not receive a report or a request for additional time from the City Engineer within 35 days after transmitting a copy of the application, the Commission may, but shall not be obliged to, assume that the City Engineer has no objection to the application. Nothing in this Section shall preclude the Commission from accepting a report from the City Engineer more than 35 days after a copy of the application was transmitted, regardless of whether the City Engineer has expressly requested additional time.

.4

On a site plan application involving notice to adjoining municipalities (section 7.11.8) or notice to water companies (section 7.11.9), the Commission shall give due consideration to any report or testimony received.

7.5.6

Decision Considerations.

.1

Before the Commission may approve a site plan application, it must determine that the application is in conformance with the applicable provisions of these Regulations.

.2

Before the Commission may approve a site plan application, it shall evaluate compliance with Chapter 5, Basic Standards and the Zoning District for which the property is located.

7.5.7

Procedures and Powers.

.1

In any submission under this section, the Commission may approve or disapprove the proposed plan, or may approve it subject to appropriate modifications, conditions and safeguards designed to further the general purposes of these Regulations and the specific purposes indicated above. Any Certificate of Occupancy issued for such approved uses shall be subject to continued conformity with those modifications, conditions and safeguards.

.2

The Commission or Zoning Enforcement Officer may require that a Performance Guarantee be posted, in an amount and form acceptable to the City, to ensure:

.1

That adequate erosion and sediment control measures are installed and maintained, before any Zoning Permit or Certificate of Zoning Compliance is issued for activities shown on the approved plan, and

.2

That all of the bonded improvements shown on the approved plan are implemented before a Zoning Permit or Certificate of Zoning Compliance related to issuance of a Certificate of Occupancy is granted.

.3

As an alternative to full project completion prior to issuance of final zoning compliance the applicant may post a Performance Guarantee for the remaining work. The Performance Guarantee amount shall be determined by the City Engineer based on a breakdown of remaining project elements provided by the applicant. Performance Guarantees shall be in accordance with section 8.9. The Performance Guarantee amount shall include costs incurred for administration should the Performance Guarantee need to be called upon.

7.5.8

Action Documentation.

.1

The Commission shall send, by certified mail, a copy of any decision to the applicant within 15 days after such decision is rendered.

.2

The Commission shall cause notice of the approval or denial of site plans to be published in a newspaper having a substantial circulation in Norwich within 15 days after such decision is rendered.

.3

In any case in which such notice is not published within the 15 day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within 10 days thereafter.

.4

On any application for which the period for approval has expired and on which no action has been taken, the Commission shall send a letter of approval to the applicant within 15 days of the date on which the period for approval expired and such letter of approval shall state the date on which the five-year completion period expires.

7.5.9

Post Approval Actions. Following approval of a Site Plan Application, the applicant shall submit 3 sets of Final Plans (24" x 36") bearing:

.1

A copy of the decision letter of the Commission and any other City regulatory agencies authorizing the activity, and

.2

A signature block where the Chairman of the Commission or Zoning Enforcement Officer can indicate the approval of the Commission.

7.5.10

Expiration and Completion.

.1

All work in connection with a site plan shall be completed within 5 years after the date of approval of the plan. Failure to complete all work within such 5 year period shall result in expiration of the approval of such site plan unless the Commission grants an extension of the time to complete work in connection with such site plan.

.2

The Commission may grant 1 or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed 14 years from the date of approval of such site plan.

.3

The Commission may condition the approval of such extension on a determination of the adequacy of any Performance Guarantee or other surety.

(Ord. No. 1732, 8-15-16)

7.6.1

Application Requirements.

.1

When required, an application for approval of a coastal site plan shall be submitted to the Commission on a form prescribed by the Commission. Pursuant to CGS §§ 22a-105 and 22a-106, a Coastal Site Plan shall include the following information:

.1

A plan showing the location and spatial relationship of coastal resources on and contiguous to the site;

.2

A description of the entire project with appropriate plans, indicating project location, design, timing, and methods of construction;

.3

An assessment of the suitability of the project for the proposed site;

.4

An evaluation of the potential beneficial and adverse impacts of the project; and

.5

A description of proposed methods to mitigate adverse effects on coastal resources.

.2

In addition, the applicant shall demonstrate that the adverse impacts of the proposed activity are acceptable and that such activity is consistent with the coastal policies of CGS § 22a-92.

7.6.2

Statutory Criteria. In addition to determining compliance with any other applicable standards, requirements or criteria set forth by these Regulations the Commission shall review coastal site plans for compliance with the following criteria established in CGS § 22a-106:

.1

Consistency of the proposed activity with the applicable coastal policies in CGS § 22a-92;

.2

The acceptability of potential adverse impacts of the proposed activity on coastal resources, as defined in CGS § 22a-93(15);

.3

The acceptability of potential adverse impacts of the proposed activity on future water dependent development opportunities, as defined in CGS § 22a-93(17); and

.4

The adequacy of any measures taken to mitigate the adverse impacts of the proposed activity on coastal resources and future water dependent development opportunities.

7.6.3

Proceedings.

.1

If the Coastal Site Plan is part of a Special Permit, Site Plan or Variance application, the hearing notification requirements, time limits for making a decision, and decision publication and notification requirements shall be the same as those set forth in the General Statutes for the type of permit or approval being requested.

.2

If the Coastal Site Plan is part of a Zoning Permit application, the procedures for Commission review shall be the same as those for Site Plan review under Section 7.5.

7.6.4

Commission Action.

.1

The Commission shall approve, modify, condition or deny the coastal site plan for the proposed activity on the basis of the criteria listed in CGS § 22a-106 to ensure that the proposed activity is consistent with the coastal policies in CGS § 22a-92 and that the potential adverse impacts of the proposed activity on both coastal resources and future water dependent development opportunities are acceptable. Pursuant to CGS § 22a-106 the Commission shall state in writing the findings and reasons for its action with respect to any coastal site plan approved, conditioned, modified or denied.

.2

Further, in approving any coastal site plan, the Commission shall make a written finding that:

.1

The proposed activity as approved is consistent with the coastal policies CGS § 22a-92,

.2

The proposed activity incorporates as conditions or modifications all reasonable measures which would mitigate potential adverse impacts of the proposed activity on coastal resources and future water dependent development activities, and

.3

The potential adverse impacts of the proposed activity on coastal resources and future water-dependent development opportunities, with any conditions or modifications imposed by the Commission, are acceptable.

.3

A coastal site plan for a shoreline flood and erosion control structure may be modified, conditioned or denied if it fails to comply with the requirements, standards and criteria of CGS §§ 22a-359 to 22a-363, inclusive, and any regulations adopted thereunder.

7.6.5

Post Approval Actions. If a Coastal Site Plan application is the only zoning application required, then the applicant shall submit to the Planning and Zoning Office 1 set of Final Plans (24" x 36") bearing a copy of the decision letter of the Commission and any other City regulatory agencies authorizing the activity, and containing a signature block where the Chairman of the Commission or Zoning Enforcement Officer can indicate the approval of the Commission.

7.6.6

Violations. In accordance with CGS § 22a-108, any activity undertaken within the Coastal Boundary without the required coastal site plan review and approval, shall be considered a public nuisance and shall be subject to enforcement remedies authorized in that Section.

7.7.1

Applicability.

.1

A Special Permit application shall be submitted for any activity designated in the Regulations as requiring Special Permit approval.

.2

Notwithstanding the above, a Special Permit shall not be required for interior renovations and modifications for space within a structure previously approved by the Commission as a Site Plan Application (Section 7.5), or as a Special Permit under these Regulations, provided that:

.1

The uses for which such changes are to be made have received all other permits required by these Regulations,

.2

There are no exterior alterations to the structure or the site,

.3

There is no additional requirement for parking, and

.4

The site is in compliance with all aspects of a previously approved site plan.

7.7.2

Application Requirements.

.1

Each application for a Special Permit shall be accompanied by a Site Plan Application unless the Director of Planning and Neighborhood Services finds that there are no physical changes proposed to the site or any building or structure and the submission of a Site Plan Application is not necessary for the Commission to evaluate the proposal.

.2

A Special Permit Application shall be accompanied by 12 copies of the following information:

.1

A detailed statement describing the existing and proposed use or uses,

.2

A detailed statement describing how the Special Permit criteria in Section 7.7.6 are addressed, and

.3

Any approval that may have been received from any local, regional, State or Federal agency or department having jurisdiction over any aspect of the application.

.3

Waiver of Required Application Documentation. Upon written request by the applicant, identifying specific sections of the application requirements from which he requests exemption and reasons justifying such request, the Commission may by resolution waive the required submission of all or part of the information required if the Commission finds that the information is not necessary in order to decide on the application.

.4

Request for Additional Documentation. The Commission may in accordance with the requirements of these Regulations and the Appendix of these Regulations, require the submission of additional information as deemed necessary to make an informed review of the application.

.5

If a Special Permit Application involves an activity regulated pursuant to CGS §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands and Watercourses Commission not later than the day such application is filed with the Planning and Zoning Commission.

.6

Where the Commission determines that, because of the particular size, location or nature of a proposal, the public interest would be best served by a three-dimensional (3D) physical representation or a computer simulation of the project, the Commission may require that the applicant provide a digital model of the proposal or a physical model of the proposal at such appropriate scale as the Commission may require. The Commission may also require that the model include 3D representations of all or portions of the abutting properties where this would significantly aid the Commission and the public to visualize and understand the proposal.

7.7.3

Proceedings.

.1

The date of receipt of the Special Permit Application shall be determined in accordance with section 7.11.2.

.2

An incomplete Special Permit Application may be denied in accordance with section 7.11.3.

.3

The Commission shall hold a public hearing on the Special Permit Application and:

.1

Publish a legal notice in accordance with the requirements of section 7.11.6 of these Regulations,

.2

Inform the applicant of the deadline to provide notice to property owners in accordance with the requirements of section 7.11.7 of these Regulations,

.3

Confirm that the applicant has mailed notice to property owners in accordance with these Regulations.

.4

Notification to adjoining municipalities may be required in accordance with the requirements of section 7.11.8.

.5

Notification to water companies may be required in accordance with the requirements of section 7.11.9.

.6

Notification to a regional planning agency may be required in accordance with the requirements of section 7.11.10.

.7

When required, the Commission shall inform the applicant to give notice to nearby property owners in accordance with the requirements of section 7.11.7 of these Regulations.

.8

The Commission shall process the Special Permit Application within the period of time permitted under CGS § 8-7d:

.1

The public hearing shall commence within 65 days after receipt of the application.

.2

The public hearing shall be completed within 35 days after such hearing commences.

.3

All decisions shall be rendered within 65 days after completion of such hearing.

.4

The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than 65 days.

.9

Notwithstanding the provisions of this section, if an application involves an activity regulated pursuant to CGS §§ 22a-36 to 22a-45, inclusive and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands and Watercourses Commission, the time period for a decision shall be extended to 35 days after the decision of such agency.

.10

The applicant may, at any time prior to action by the Commission, withdraw such application.

.11

The applicant shall bear the burden of demonstrating that any applicable Special Permit Criteria in these Regulations are addressed.

7.7.4

Coordination for Other Agency Review.

.1

Inland Wetlands and Watercourses. On a Special Permit Application involving an activity regulated pursuant to CGS §§ 22a-36 to 22a-45, inclusive, the Commission shall:

.1

Wait to render its decision until the Inland Wetlands and Watercourses Commission has submitted a report with its final decision, and

.2

Give due consideration to any report of the Inland Wetlands and Watercourses Commission when making its decision.

.2

Coastal Area Management. On a Special Permit Application involving an activity regulated pursuant to CGS §§ 22a-90 to 22a-110, inclusive, the Commission shall review a Coastal Site Plan Application in accordance with section 7.6 of these Regulations.

.3

Floodplain.

.1

On a Special Permit Application involving an activity in a floodplain pursuant to the Flood-Plain Management Ordinance of the City of Norwich, the Commission shall transmit a copy of the application to the City Engineer for a report. If the Commission does not receive a report or a request for additional time from the City Engineer within 35 days after transmitting a copy of the application, the Commission may, but shall not be obliged to, assume that the City Engineer has no objection to the application. Nothing in this section shall preclude the Commission from accepting a report from the City Engineer more than 35 days after a copy of the application was transmitted, regardless of whether the City Engineer has expressly requested additional time.

.2

Any Special Permit proposed to be established in any Flood Plain District shall be located and designed to be consistent with the need to minimize flood damage within the flood-prone area and shall conform to all of the standards and provisions of the Flood-Plain Management Ordinance of the City of Norwich or such legal variance as may be approved thereunder.

.4

On a Special Permit Application involving notice to adjoining municipalities (section 7.11.8), notice to water companies (section 7.11.9), or notice to a regional planning agency (section 7.11.10), the Commission shall give due consideration to any report or testimony received.

7.7.5

Decision Considerations.

.1

Before the Commission may approve a Special Permit application, it must determine that the application is in conformance with the applicable provisions of these Regulations, including any applicable Special Permit criteria.

.2

Before the Commission may grant a Special Permit, it must determine that any accompanying Site Plan application is in conformance with the applicable provisions of these Regulations.

.3

In granting a Special Permit, the Commission may stipulate such conditions as are reasonable and necessary to protect or promote the public health, safety or welfare; property values; the environment; sound planning and zoning principles; improved land use, site planning and land development; or better overall neighborhood compatibility. Such conditions may also be imposed as a prerequisite to the issuance of the Zoning Permit or Certificate of Zoning Compliance by the Zoning Enforcement Officer.

.4

Any condition or safeguard attached to the granting of a Special Permit:

.1

Shall remain with the property as long as the Special Permit use is still in operation, and

.2

Shall continue in force and effect regardless of any change in ownership of the property.

7.7.6

Special Permit Criteria. In considering any application for a Special Permit, the Commission shall evaluate the merit of the application with respect to the following factors:

7.7.7

Commission Decision.

.1

Following the public hearing, the Commission may approve, disapprove or approve with modifications and/or conditions the proposed Special Permit use.

.2

Because of the variety and peculiarities of each Special Permit use, the Commission may impose conditions and restrictions to any such use which in its judgment are required to protect adjacent uses and the neighborhood in general.

7.7.8

Action Documentation.

.1

The decision to grant a Special Permit shall:

.1

State the name of the owner of record,

.2

Contain a description of the premises to which it relates,

.3

Identify the Section and/or Section of the Regulations under which the Special Permit was granted or denied, and

.4

Specifically describe the Special Permit issued by the Commission.

.2

The Commission shall send, by certified mail, a copy of any decision to the applicant within 15 days after such decision is rendered.

.3

The Commission shall cause notice of the approval or denial of the Special Permit Application to be published in a newspaper having a substantial circulation in Norwich within 15 days after such decision is rendered.

.4

In any case in which such notice is not published within the 15 day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within ten (10) days thereafter.

7.7.9

Post Approval Actions.

.1

Following approval of a Special Permit Application, the applicant shall submit a final plan to the Department of Planning and Neighborhood Services:

.1

Bearing the raised seal and signature of the appropriate professionals who prepared the drawing(s),

.2

Bearing a copy of the decision letter of the Commission and any other City regulatory agencies authorizing the activity, and

.3

Containing a signature block where the Chairman of the Commission can indicate the approval of the Commission.

.2

Following signature by the Chairman, the applicant shall file said plans in the office of the City Clerk before any Zoning Permits are issued for the activities shown on the approved plan. A Special Permit granted by the Commission shall only become effective upon the filing of a copy, certified by the Commission, in the land records of the City in accordance with the provisions of CGS § 8-3d.

.3

The applicant shall also submit application documents in an electronic format in accordance with Department of Planning and Neighborhood Services requirements.

.4

A Special Permit shall authorize only the particular use or uses specified in the Commission's approval.

.5

Failure to strictly adhere to the documents, plans, terms, conditions and/or safeguards approved by the Commission or its staff shall be a violation of these Regulations and the Commission shall have the authority, after a hearing, to revoke the permit at any time the operation is found to be in noncompliance with the original permit.

.6

A Special Permit may be amended or modified in like manner as provided above for the granting of a Special Permit except that amendments which shall be found to be of a minor nature or which do not materially alter the Special Permit, as determined by the Commission, may be authorized with Commission approval only, without another public hearing.

.7

Modifications.

.1

Any modifications that decrease the dimensional elements (e.g., reduction of building size) or proposes a change of use that requires a Site Plan shall follow the Site Plan Procedures in Section 7.5.

.2

Any modifications that increase the dimensional elements in the Master Plan (e.g., expansion of building size) or propose a change of use that requires a Special Permit shall follow the Special Permit Procedures in section 7.7.

7.7.10

Expiration and Completion.

.1

A Special Permit will expire if all work in connection with any accompanying, approved site plan is not completed within 5 years after the date of approval of the plan, unless the Commission shall have granted an extension of the time to complete such work.

.2

The Commission may grant 1 or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed 10 years from the date of approval of such site plan.

.3

The Commission may condition the approval of such extension on a determination of the adequacy of any Performance Guarantee or other surety.

7.8.1

Application Requirements Dealing and Repairing Motor Vehicles. In accordance with CGS § 14-54, an application for a Certificate of Location Approval shall be submitted to the Commission by any person who desires to obtain a license for dealing in or repairing motor vehicles in Norwich except that this requirement shall not apply to:

.1

A transfer of ownership to a spouse, child, brother, sister or parent of a licensee;

.2

A transfer of ownership to or from a corporation in which a spouse, child, brother, sister, or parent of a licensee has a controlling interest; or

.3

A change in ownership involving the withdrawal of 1 or more partners from a partnership.

7.8.2

Application Requirements Sale of Gasoline. In accordance with CGS § 14-321, an application for a Certificate of Location Approval shall be submitted to the Commission by any person who desires to obtain a license for the sale of gasoline or any other product, under the provisions of CGS § 14-319, including the alteration or changing of adjoining physical properties for such purposes, except that this requirement shall not apply:

.1

In the case of a renewal of a license by the holder of the license;

.2

To the transfer of the last issued license from a licensee to another provided no more than 1 year has elapsed since the expiration of such license; or

.3

In the case of the addition or discontinuance of pumps.

7.8.3

Proceedings. In reviewing a Certificate of Location Approval application, the Commission acts as an agent of the State of Connecticut, not in a zoning capacity, and the notice provisions and other provisions of CGS Chapter 124 shall not apply. As an agent of the State of Connecticut, the Commission serves solely to determine whether a Certificate of Location Approval should be issued.

7.8.4

Public hearing may be held. The Commission may hold a public hearing on the Certificate of Location Approval application and, if such hearing is to be held:

.1

Shall cause a legal notice to be published in accordance with the requirements of section 7.11.6 of these Regulations, and

.2

May require that the applicant give notice to nearby property owners in accordance with the requirements of section 7.11.7 of these Regulations.

7.8.5

Withdrawal of Application. The applicant may withdraw such Certificate of Location Approval Application at any time prior to action by the Commission by submitting written notice of withdrawal.

7.9.1

Authority. In accordance with CGS § 8-7, an appeal may be taken to the Board by any person aggrieved, where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer.

7.10.1

Authority. In accordance with CGS § 8-6, the Board shall have the power and duty to determine and vary the application of the Regulations solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of these Regulations would result in exceptional difficulty or unusual hardship.

7.10.2

Additional Considerations for Use Variances.

.1

No use variance shall be granted where a dimensional variance would relieve the exceptional difficulty or unusual hardship.

.2

No use variance for a business use or an industrial use shall be granted in a Residential Zone.

.3

No use variance shall be granted for an industrial use in any Business or Special Zone.

.4

A use variance shall only be granted where, without the use variance, the private property would be rendered valueless.

.5

For any Use Variance application, the Zoning Board of Appeals shall refer the application to the Commission on the City Plan. The Zoning Board shall provide the Commission on the City Plan with 35 days to review and comment on the application.

7.11.1

Application Submission Requirements.

.1

Applications to the Commission shall be submitted to the Department of Planning and Neighborhood Services.

.2

Applications shall be submitted on forms obtained from the Department of Planning and Neighborhood Services for the type of application being submitted.

.3

Applications shall be accompanied by the appropriate fee(s) except that the Commission or the City shall be exempt from any application fee.

.4

Applications shall be submitted with such supporting plans, materials, and other information as required by these Regulations.

.5

Applications shall be signed by the applicant and, if applicable, the owner of the property affected or the authorized agent or representative of the owner.

7.11.2

Date of Receipt. For the purposes of calculating the timeframes for processing applications, the date of receipt of an application to the Commission shall be determined in accordance with state law. At the time of adoption of this section, the relevant statute was CGS § 8-7d, which provided that the date of receipt shall be the earlier of:

.1

The day of the next regularly scheduled meeting of the Commission immediately following the day of submission of the application to the Department of Planning and Neighborhood Services; or

.2

Thirty-five days after submission.

7.11.3

Incomplete Applications.

.1

Each application shall be reviewed by the Department of Planning and Neighborhood Services to determine whether the application is substantially complete.

.2

An application requiring approval from the Commission shall not be considered actually complete until all of the information as required by these Regulations or the Commission, has been received by the Commission at a regularly scheduled meeting.

.3

The Commission may deny an incomplete application or any application submitted without the requisite fee.

7.11.4

Sequence of Hearings. Where a proposed development or activity requires multiple applications, the Commission may conduct any public hearings simultaneously or in the order it deems appropriate.

7.11.5

Consultations.

.1

On any application, the Commission may seek the advice and opinion of other officials, boards, or commissions to assist it in evaluating applications.

.2

On any application, the Commission may retain an architect, landscape architect, professional land use planner, or other consultant to review, comment, and guide its deliberations and, to the extent allowed by City ordinance, require that the applicant:

.1

Deposit funds with the Commission for the costs of any consulting review fees, or

.2

Reimburse the Commission for the cost of such consulting review.

7.11.6

Notice by Newspaper. Notices of public hearings shall be published in accordance with applicable state law. At the time of adoption of this section, CGS § 8-7d required publication of notices in the following circumstances and manner:

.1

When a public hearing is required by these Regulations or scheduled by the Commission, the Department of Planning and Neighborhood Services shall cause notice of the hearing to be published in a newspaper having a substantial circulation in Norwich.

.2

Such notice shall be published at least twice at intervals of not less than 2 days, the first not more than 15 days, nor less than 10 days, and the last not less than 2 days before the date of the hearing.

7.11.7

Notification of Abutting Property Owners.

.1

When required by these regulations, the applicant shall mail written notice to the following persons:

.1

The owners of all parcels of land that are the subject of the application.

.2

All persons owning property, any portion of which is within 100 feet of the land that is the subject of the application.

.2

Said notice shall include, at a minimum:

.1

The date, time and location (street address) of the public hearing;

.2

The street address of all parcels that are the subject of the application or, if such parcels do not have a street address, adequate geographical information to allow the recipient of the notice to determine the location of the parcels with respect to the nearest street intersection; and

.3

The nature of the application (e.g., site plan, Special Permit, zone change). The notice shall be sent by mail, at least 7 days prior to the date of the public hearing. A Certificate of Mailing from the U.S. Post Office of said written notice shall be conclusive evidence of compliance with the provisions of the Section.

.3

Property owners, for the purpose of this section, shall be as they appear on the property street cards in the City Assessor's office on the date of application, and distances shall be determined from the Assessor's tax maps on the date of said application.

.4

Failure to mail such notice to any person or persons shall not in any way invalidate the public hearing, but the Commission may deny an application if it finds that such failure has, or may have, caused prejudice to any intended recipient.

7.11.8

Notification of Abutting Municipalities.

.1

In accordance with CGS § 8-7d(f), the Commission shall notify the clerk of an adjoining municipality of any application concerning any project on any site in which:

.1

Any portion of the property affected by a decision is within 500 feet of the boundary of the adjoining municipality;

.2

A significant portion of the traffic to the completed project shall use streets within the adjoining municipality to enter or exit the site;

.3

A significant portion of the sewer or water drainage from the project shall flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or

.4

Water runoff from the improved site shall impact streets or other municipal or private property within the adjoining municipality.

.2

Such notice shall be made by certificate of mailing requested and shall be mailed within seven (7) days of the day of the submission to the Department of Planning and Neighborhood Services of the application, petition, request or plan.

.3

No hearing shall be conducted on any application, petition, request or plan unless the adjoining municipality has received the notice required under this section.

7.11.9

Notification of Water Companies.

.1

In accordance with CGS § 8-3i, an applicant shall provide written notice to Norwich Public Utilities and the Commissioner of Public Health when an application, petition, request or plan is filed with the Commission concerning any project on any site that is within:

.1

An aquifer protection area, provided such area has been delineated in accordance with CGS § 22a-354c; or

.2

The watershed of the Norwich Public Utilities, provided said Utilities or said Commissioner has filed a map with the Commission and on the Norwich land records showing the boundaries of the watershed.

.2

Such notice shall be made by certified mail; return receipt requested and shall be mailed not later than 7 days after the date of the day of the submission to the Department of Planning and Neighborhood Services.

.3

Prior to the scheduled meeting regarding the application, the applicant shall submit the following to the Planning and Development Department or the application shall be considered incomplete:

.1

A copy of all notices and other documentation sent to the South Central Connecticut Regional Water Authority and/or the Commissioner of Environmental Protection in accordance with this section; and

.2

Proof of mailing.

7.11.10

Notification of Regional Planning Agency.

In accordance with CGS § 8-3b, the Commission shall give written notice to the regional planning agency when any portion of any land affected by a regulation change is located within 500 feet of the boundary of another municipality and:

.1

Such notice shall be made by certified mail, return receipt requested, or by electronic mail.

.2

Such notice shall be made not later than 30 days before the date of the public hearing.

.3

The regional planning agency may submit its advisory findings and recommendations to the Commission at or before the hearing but if such report is not submitted, it shall be presumed that such agency does not disapprove of the proposal.

7.11.11

Notification of the Connecticut Department of Environmental Protection.

Pursuant to CGS § 22a-103, the Commission shall give written notice to the Connecticut Department of Environmental Protection when any application relates to property within the Coastal Area Management boundary and for any regulation amendment that affects property located within said Boundary.

7.11.12

Notification of a Property subject to a Conservation or Preservation Restriction.

In accordance with CGS § 47-42d, for property subject to a conservation or preservation restriction as defined in CGS § 47-42a, and where activity is proposed within the restricted area, the applicant must submit either:

.1

A notarized statement certifying that the applicant provided written notice of such application, by certified mail, return receipt requested, not later than 60 days prior to the filing of the application to the party holding the conservation restriction; or

.2

A letter from the holder of such restriction or the holder's authorized agent verifying that the application is in compliance with the terms of the restriction.

.3

This section shall not apply to any proposed activity that involves only interior work in an existing building or exterior work that does not expand or alter the footprint of an existing building.

7.11.13

Beneficiaries of a Trust.

Any person who makes an application to the Commission pertaining to real property, the record title to which is held by a trustee of any trust, shall file with said application a sworn statement disclosing the name(s) of the equitable owner(s) of such real property or the beneficiary(ies) of the trust.