For the purpose of promoting the health, safety, morals and general welfare of the community; for the purpose of lessening congestion in the streets; for the purpose of securing safety from fire, panic and other dangers; for the purpose of providing adequate light and air; for the purpose of preventing the overcrowding of land and avoiding undue concentration of population; for the purpose of facilitating adequate provision for transportation, water, sewerage, schools, parks and other public requirements; for the purpose of conserving the value of buildings and encouraging the most appropriate use of land throughout the city; for the purpose of providing for the public health, comfort and general welfare in living and working conditions, and for the purpose of regulating and restricting the location of trades and industries and the location of buildings designed for specific uses; for the purpose of regulating and limiting the height and bulk of buildings hereafter erected and for the purpose of regulating and determining the area of yards and other open spaces for buildings hereafter erected the City of Norwich is hereby divided into the following zoning districts:

The boundaries of such districts shall be shown on the map entitled "Zoning Map of the City of Norwich" which is filed in the office of the city clerk. Such map, with all explanatory matter thereon, is hereby declared to be a part of these regulations as fully as if set out herein.

Copies are available for inspection upon request at the Planning and Neighborhood Services Department, 23 Union Street; the Office of the City Clerk at the City Hall, 100 Broadway; as well as on the City of Norwich web site: www.norwichct.org under a search for "Comprehensive Plan Update Project" or by pasting the following address into the browser: http://ct-norwich.civicplus.com/index.aspx?nid=678.

(Ord. No. 1722, 10-19-15)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts shown on the zoning maps, the following rules shall apply:

8.3.1

Where district boundaries are indicated as approximately following the center line of a street, highway, railroad, brook, stream, right-of-way or easement, such lines shall be construed so to be such district boundaries.

8.3.2

Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning maps.

8.3.3

Where district boundaries are indicated as approximately following lot lines of record at the time of adoption of these regulations, such lot lines shall be construed to be such boundaries.

8.3.4

Where a question arises and no dimensions or official lot lines of record are shown, then the district boundaries shall be determined by the scaled dimension taken from the official zoning map.

8.3.5

Where a dispute arises, and cannot be settled by the application of the rules given above, the Commission shall determine the location of the disputed boundary or boundaries using the best information available.

Amendments. The provisions of these regulations and the boundaries of any zoning district established hereunder may from time to time be amended, modified, changed or repealed by the council in accordance with the provisions of chapter XV, section 7 of the Charter of the City of Norwich.

8.4.1

Application. Any petitioner requesting any change in the provisions of these regulations or the boundaries of any zoning districts established hereunder may have such amendatory ordinance introduced after submission of the subject amendatory ordinance to the city and city clerk's office on an application form as provided by the clerk. The application shall be submitted a minimum of seven working days prior to the next regularly scheduled meeting of the city council in order to be placed on the city council agenda. The fee for application shall be $300.00. At least 20 days before the date of the public hearing on such proposed ordinance concerning an amendment to the zoning map accompanying the zoning ordinance, the applicant shall cause to be erected on the area of the proposed zone change a sign, six feet by four feet in size, which sign shall set forth the present zone classification and the zone classification to which a change is requested, and also that a public hearing will be held by the council on the proposed change along with the date, time and place of such public hearing. Such sign shall consist of black letters of a minimum height of four inches on a white background. Such sign shall be placed in close proximity to the street or highway with clear and unobstructed visibility to the passing public and shall be maintained on the premises for at least 20 days prior to the public hearing.

8.4.2

Notice of proposed change of zone. No public hearing shall be held by the council on any ordinance concerning an amendment to the zoning map accompanying the zoning ordinance of the City of Norwich, unless the person requesting such amendment to the zoning ordinance shall at least 20 days before the date of the public hearing on such proposed ordinance mail, postage prepaid, or deliver a copy of the notice of the public hearing published by the city clerk to the owners of record of lots located within the area to be rezoned and within 150 feet from the boundaries of the area to be rezoned, as such owners appear on the last completed grant list, at the addresses shown thereon, and shall have filed the required certificate.

8.4.3

Certificate of compliance. The person requesting such rezoning shall on or before the date of the public hearing file with the city clerk a certificate setting forth the manner of compliance with the provisions of these regulations and the names and addresses of the owners to whom notices were mailed or delivered. The provisions of sections 8.4.1 and 8.4.2 above shall not apply in the case of a comprehensive rezoning of the City of Norwich. It shall be sufficient compliance with this section if the notices of the public hearing are furnished to those persons whose names and addresses are supplied by the assessor's office of the City of Norwich.

8.4.4

Protests. In the event that opponents of any proposed change of zone classification file a protest petition with the city clerk, such protest petition shall be referred to the city planning and neighborhood services department to determine whether signatories represent the requisite area as required by chapter XV, section 7, of the City Charter, and that the names of the property owners are accurate to make the protest petition a valid one. The city planning and neighborhood services department shall check the protest petition, and then notify the city clerk in writing whether or not the protest petition is a valid one. The city clerk shall then submit the report of the city planning and neighborhood services department to city council. If the petition is a valid one, the city council shall not adopt the ordinance making such change by less than the affirmative votes of three-fourths of all the members of the city council.

8.4.5

Reconsideration. Any proposed change of zone classification, boundary or regulation which is defeated by vote of the city council shall not be introduced for reconsideration by the city council for a period of one year from the date of said negative vote.

8.4.6

Interpretation. In the interpretation and application, the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. It is not intended by these regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these regulations, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the city is a party; provided, however, that where these regulations imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract, or deed, the provisions of these regulations shall control.

If any section, paragraph, subdivision, clause, or provision of these regulations shall be adjudged invalid or unconstitutional for any reason, such adjudication shall apply only to the section, paragraph, subdivision, clause, or provision so adjudged, and the remainder of these regulations shall be deemed to be and shall continue to be valid and in full force and effect.

The "Revised Zoning Ordinance of the City of Norwich" #634, adopted February 13, 1973, published February 15, 1973, and effective February 25, 1973 and all other ordinances or parts thereof in conflict herewith are hereby repealed. The "Revised Zoning Ordinance of the City of Norwich" #1496, adopted September 29, 2003, published October 1, 2003, and effective thereafter and all other ordinances or parts thereof in conflict herewith are hereby repealed.

8.7.1

Zoning enforcement officer.

Except as otherwise provided in these regulations, the zoning enforcement officer shall administer and enforce these regulations, including the receiving of applications, the inspection of uses, and the issuing of zoning and conversion permits and certificates of zoning compliance. No permits or certificate of zoning compliance shall be issued by the zoning enforcement officer except where the provisions of these regulations have been complied with.

8.7.2

Penalties.

.1

Any person, firm, association or corporation violating any provision of these regulations shall be punished as follows: If any building or structure has been erected, constructed, altered, converted or maintained, or any building, structure or land has been used, in violation of any provision of these regulations or of any rule or regulation made under authority conferred hereby, any official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

.2

The provisions of these regulations or of any rule or regulation made under authority conferred hereby shall be enforced by the officer or official board by authority designated therein, who shall be authorized to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereon in violation of any provision of these regulations or of any rule or regulation made under authority of the provisions of these regulations.

.3

The owner or agent of any building or premises where a violation of any provision of these regulations or of any rule or regulation made under the provisions of these regulations has been committed or exists, or the lessee or tenant of an entire building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation, shall be fined not less than $10.00 nor more than $100.00 for each day that such violation continues; but, if the offense is willful, the person convicted thereof shall be fined not less than $100.00 nor more than $250.00 for each day that such violation continues, or imprisoned not more than ten days for each day such violation continues or both; and the local police court or other similar criminal courts shall have jurisdiction of all such offenses, subject to appeal as in other cases.

.4

Any person who, having been served with an order to discontinue any such violation, fails to comply with such order within ten days after such service or continues to violate any provision of these regulations or any rule or regulation made under authority of the provisions of these regulations specified in such order shall be subject to a civil penalty of $250.00, payable to the treasurer of the municipality.

8.8.1

Powers and duties. The zoning board of appeals shall have the following powers and duties all of which shall be exercised, subject to appropriate conditions and safeguards, in harmony with the purpose and intent of these regulations and in accordance with the public interest and the development of the neighborhood.

8.8.2

Rules. To adopt such rules and regulations as may be deemed necessary to carry out the provisions of this chapter.

8.8.3

Appeals. To hear and decide appeals where it is alleged that there is an error in any order or decision made by the zoning enforcement officer.

8.8.4

Variances. To vary the strict application of any of the requirements of these regulations in the case of an exceptionally irregular, narrow, shallow, or steep lot or other physical conditions for which strict application would result in exceptional difficulty or unusual hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other cases. No variance in the strict application of any provision of these regulations shall be granted by the zoning board of appeals unless it finds:

.1

That there are special circumstances or conditions fully described in the findings of the board, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building, and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act subsequent to the adoption of these regulations, whether in violation of the provisions hereof or not; and

.2

That, for reasons fully set forth in the findings of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of these regulations would deprive the applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the board is the minimum variance that will accomplish this purpose; and

.3

That the granting of the variance will be in harmony with the purposes and intent of these regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

.4

The applicant shall, no later than 10 days prior to the variance hearing, send notices to all abutting property owners by registered mail, return receipt requested, and said notice shall include the following:

.1

The time, place and date of the hearing;

.2

The full particulars of the variance; and

.3

The zoning regulations that presently pertain to the variance in question.

.5

Upon receipt of an application for a use variance, the zoning board of appeals shall forward a copy of same to the Commission for a report thereon, which report shall be filed within 30 days of receipt by the Commission.

8.8.5

Fee. All applications and appeals shall be accompanied by a fee of $500.00. Said fee shall be paid to the secretary of the zoning board of appeals at the time of filing the application.

8.8.6

Public hearing. The zoning board of appeals shall hold a public hearing on all applications. Such hearing shall commence within 65 days of receipt of an application and shall be completed within 30 days after such hearing commences. The applicant may consent to 1 or more extensions of any period specified in this section provided the total extension of any such period shall not be for longer than the original period as specified in this section.

8.8.7

Notice of time and place of the hearing shall be published in a newspaper having a general circulation in the City of Norwich at least twice, at intervals of not less than 2 days, the first not more than 15, nor less than 10 days, and the last not less than 2 days before the date of the hearing. Notice shall be sent by certified mail to the applicant not less than 10 days before the date of the hearing informing the applicant of the date and time of the scheduled public hearing.

8.8.8

Board action. All decisions on such application shall be rendered within 65 days after the completion of such hearing. The applicant may consent to one or more extensions of this period provided the total extension shall not be for longer than the original period as specified in this section.

.1

Notice of the decision shall be published in a newspaper having a general circulation in the City of Norwich and sent by certified mail to the applicant within 15 days after the decision has been rendered.

8.8.9

Records. The zoning board of appeals shall appoint a secretary to the board who shall receive all applications, shall keep all records of the board, and shall furnish copies of records, upon request, to any person having a proprietary or tenancy interest in the building or lot affected.

8.9.1

Applicability.

.1

The Commission may require the applicant to post a financial guarantee (i.e., bond) to assure the completion of aspects of projects approved under the site plan review or special permit process. The following elements shall be included in the financial guarantee:

.1

All required public improvements;

.2

All erosion and sedimentation controls approved or otherwise required during site construction and for site restoration should construction cease prior to attaining compliance with approved plans; and

.3

Any required site cleanups of debris, abandoned vehicles or any other material that would cause a deterioration of conditions in the area.

.2

Where authorized in these Regulations, the Zoning Enforcement Officer may require the applicant to post a financial guarantee.

8.9.2

Bond Objectives. During a construction project, the applicant may request that the financial guarantee align to the scope of work on the site. The following table outlines the City's objectives for each aspect of site development:

8.9.3

Bond Format. Where a bond is required by any Section of these Regulations, it shall be in 1 of the following forms, subject to the approval of the Commission or its designated agent or attorney:

.1

Cash deposited with the City.

.2

Surety bond or certified check to the order of the City when the amount of the check is fully insured by the FDIC.

.3

Bank deposit assigned irrevocably and solely to the City when the amount of the deposit is fully insured by the FDIC.

.4

Irrevocable evergreen letter of credit naming the City as sole beneficiary provided that:

.1

Such evergreen letter of credit shall be issued by, and drafts thereunder presentable at, a branch of a bank in Connecticut and provided that such bank is included in the most recent list issued by the Securities Valuation Office of the National Association of Insurance Commissioners (or any successor office or organization, "NAIC") as a bank meeting NAIC standards for issuing letters of credit for reinsurance purposes; or

.2

The long-term unsecured debt of such bank (or the long-term unsecured debt of its holding company) is rated BBB or better by Standard & Poor's rating service or Baa or better by Moody's rating service.

.3

The terms and conditions of such letter of credit shall be acceptable in form and substance to the City and substantially in the form of the model letter of credit provided by the Department of Planning and Neighborhood Services.

.4

If and when such letter of credit has less than 30 days remaining until its expiration date, and such date shall not have been extended, the City may draw under said letter of credit the full amount thereof and the proceeds may be retained by the City as the financial guarantee.

.5

The period to expiration of a Letter of Credit shall be not less than 1 year, with a provision for automatic renewal at increments of not less than 1 year. The City of Norwich must be informed of the intention not to renew or the bond shall automatically be renewed.

8.9.4

Bond Initiation and Term.

.1

The financial guarantee shall be posted prior to the City's issuance of a Zoning Permit and a Building Permit.

.2

A financial guarantee shall remain in force until all of the terms and conditions of the subject Permit have been successfully met. The suspension of a Permit does not in any way affect the term of any associated Security.

8.9.5

Reduction.

.1

At the request of the developer, the City may reduce the required bond commensurate with the items completed.

.2

The Director of Planning and Neighborhood Services, in coordination and concurrence with the Director of Public Works, or their respective appointees, may authorize a bond reduction of up to 90 percent of the original bond amount. The final 10 percent shall not be released until all required improvements are completed, a Certificate of Zoning Compliance is issued and the Commission on the City Plan authorizes the final release of the bond. No request for final release shall be granted without a statement from the Director of Planning and Neighborhood Services and Director of Public Works, or their respective appointees, indicating that the work has been completed in compliance with the approved site plan.