Norwich City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 575-19 Applicability.
In addition to the area and use restrictions for the various districts contained in Article III of this chapter, the following regulations apply throughout the City of Norwich.
§ 575-20 General.
A.
Single-family dwellings on substandard lots. Notwithstanding the limitations imposed by any other section of this chapter, the Zoning Board of Appeals may authorize, by special permit, the erection of a single-family dwelling on a lot which does not meet the area requirements provided:
(1)
That single-family dwellings are permitted in the district in which the lot is located.
(2)
That the lot was in separate ownership or under contract of sale at the time of the original passage of this chapter (January 8, 1963).
(3)
No lot shall be subdivided to create one or more substandard lots.
B.
Fences.
(1)
All fences shall require a building permit.
(2)
No fence or wall shall be erected upon a side lot line or rear lot line of a lot which exceeds eight feet in height from grade.
(3)
Fences shall be erected in such a manner as to expose the attractive fence side, where facing streets.
(4)
No fence shall be erected from the front of the building line to the street line which shall exceed 3 1/2 feet in height from grade.
(5)
Fences erected between building line and street line shall be of an ornamental character.
(6)
Fences built between building line and street line shall be constructed to reflect the overall characteristics of the neighborhood and surrounding properties.
(7)
On a corner lot, no fence, wall hedge or other similar structure or planting which obstructs a clear view for motorists and pedestrians shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.
C.
Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale.
D.
Location of recreational places. No entrance to a liquor store, poolroom, skating rink, dance hall or amusement park shall be established less than 500 feet from the property line of an existing school, church or YMCA.
E.
Sign ordinance. Any sign, temporary or permanent, erected or installed in the City of Norwich shall meet the requirements of Chapter 465, Signs, of the Code of the City of Norwich.
F.
Mobile home. No mobile home shall be permitted in the City of Norwich unless located in a mobile home park as provided in Article IV, § 575-21.
G.
Other ordinances. Nothing in this chapter shall be construed to relax the requirements of any other code or ordinance in effect in the City of Norwich.
H.
A special permit cannot be issued for a particular use unless specified in the Use Table.[1]
[1]
Editor's Note: The Use Table is included at the end of this chapter.
§ 575-21 Mobile home parks.
Mobile home parks are allowed by special permit in R-2 Districts, subject to the following regulations:
A.
Park size and capacity. Each mobile home park shall have a minimum of 175,000 square feet and shall contain no more than one mobile home for each 3,500 square feet of gross area, including land use for access roads, recreation and service facilities and screen planting.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Size of lot. No mobile home lot in a park shall be less than 2,000 square feet in area and have less than 18 feet in frontage on an access road.
C.
Clearances.
(1)
Mobile homes shall be located on the lot with the following minimum clearances:
(a)
Sides: 25 feet from adjacent mobile homes or access roads.
(b)
Ends: 20 feet from adjacent mobile homes and 15 feet from access roads.
(c)
Thirty feet from exterior lot lines.
(2)
In computing these clearances, lean-tos, auxiliary rooms and similar accessories connected to the mobile home, but not including temporary porches and canopies which are open on two sides, shall be considered as part of the mobile home.
D.
Automobile parking. There shall be at least one off-street parking space for each mobile home within 50 feet of the mobile home. In addition, there shall be one off-road parking space for each five homes within the park located at places of public congregation.
E.
Recreation area. A usable area set aside exclusively for recreation shall be provided within the mobile home park and shall be equal in area to 200 square feet for each mobile home lot in the park.
F.
Screening. Each mobile home park shall have no more than one entrance road on any one street frontage and shall have a landscaped area at least 20 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties.
§ 575-22 Off-street parking and loading.
[Amended 9-16-2025 by Ord. No. 2-2025]
A.
General requirements.
(1)
Applicability. Whenever a building is erected or enlarged, adequate off-street parking shall be provided in conformance with the standards set forth in this section.
(2)
Access and design. All off-street automobile parking shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering areas.
(3)
Location of facilities. Off-street parking facilities, to the extent required in this section, may be provided either on the same lot or premises with the parking generator or on any lot or premises a substantial portion of which is located within 400 feet of such parking generator. If parking requirements are not met on site, a special permit will be required.
(4)
Uses not enumerated in schedule. For any and all uses or structures not specifically provided for in the schedule included in this section, such parking requirements shall be determined by the Zoning Board of Appeals, considering all the parking generating factors involved.
(5)
All off-street parking shall have a paved surface of either blacktop, concrete, or equivalent as specified by the City Engineer.
B.
Schedule of off-street parking requirements: attached.[1]
[1]
Editor's Note: The Parking Requirements Table is included at the end of this chapter.
C.
Special regulations.
(1)
Facilities with more than six spaces:
(a)
Landscaping. For parking with more than six spaces at least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs, etc., and all such landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition.
(b)
Parking area abutting a residential area or facing a public street. Whenever a facility with more than six spaces abuts a residential area or faces a public street, a six-foot screen, such as a masonry wall, wooden fence, chain link fence, or compact evergreen hedge shall be established and maintained along the area boundary lines, which screens parked vehicles. When establishing an evergreen hedge, the hedge must be at least three feet in height at the time of planting.
(2)
Public parking credit. By special permit from the Zoning Board of Appeals, public parking, within 400 feet of the parking generator, may be credited for up to 1/2 the total required.
(3)
Urban renewal areas. Public parking will be credited for 100% of the total required in urban renewal areas, provided the demand for parking by the generator does not exceed the capacity of the public parking facility assigned to that generator.
(4)
Mixed uses. In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this section; parking facilities for one shall not be considered as providing the required parking facilities for any other use.
(5)
Business Improvement District. There shall be no minimum parking requirements within the Business Improvement District in the City of Norwich.
D.
Off-street loading. Each building devoted to retail trade, warehousing, wholesaling, manufacturing, hotels, hospitals, schools, day-care centers or other buildings where large amounts of goods are received or shipped shall be provided on-premises loading and unloading space adequate to serve the complete needs of the building without utilizing any public street for loading or unloading purposes unless otherwise approved by Common Council.
§ 575-23 Average density development.
A.
Purpose.
(1)
The purpose of this section is to permit variation in lot size in areas proposed for development within residential districts in order to encourage flexibility of design, to enable land to be developed in a manner sensitive to the natural physical features of the land, and to facilitate adequate and economical provision of streets and utilities.
(2)
The purpose is achieved by permitting reductions in minimum lot size and setback requirements for individual lots, provided the overall density of the area to be subdivided does not exceed that which is otherwise permitted in the zoning district.
B.
Procedure.
(1)
Application for a special permit to utilize the average density provisions contained in this section shall be made to the Zoning Officer who shall refer the application to the City Planning Commission for review and approval.
(2)
The applicant shall attach to the application documentation, including a preliminary plat, indicating how the standards and conditions contained in this section will be met. The application shall not be deemed to have been made until all documentation necessary for review has been provided.
(3)
The Planning Commission will review the proposal following the procedures set forth in Article VI, § 575-33, of this chapter established for the Zoning Board of Appeals. The Planning Commission shall not approve the application unless it finds that the overall proposal complies with the standards and restrictions contained herein and, in addition, determines that the development will be consistent with the uses permitted within the zoning district and in conformance with the objectives of this chapter.
(4)
The Planning Commission shall approve, approve with conditions, or disapprove such applications within 45 days from when all necessary information has been supplied, as determined by the Zoning Officer.
(5)
Application for use of the average density provisions may be made concurrently with the filing of preliminary plat as provided for in Chapter 490, Subdivision of Land, of the Code of the City of Norwich.
C.
In order to qualify for this procedure, the following standards must be met:
(1)
Lands to which average density zoning shall apply will be within either R-1, R-1A, or R-2 Residential Districts.
(2)
The minimum size of the area to be developed must be at least two acres in the R-1 District and one acre in the R-1A and R-2 Districts.
(3)
The maximum density shall not exceed the maximum otherwise permitted in the district calculated as follows:
(a)
Total area less land reserved for streets and other public purposes as shown on the plat, divided by the minimum lot size. For R-1 the minimum lot size used shall be that for a single-family dwelling (10,075 square feet per unit). For R-1A and R-2 minimum lot size shall be that used for multifamily dwellings (3,300 square feet per unit).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
The front, side, and rear setbacks may be reduced except where a lot proposed under this section abuts an existing residential lot.
(5)
Provision for and disposition of open-space lands and provisions for maintenance and control of the open-space land, and financial responsibility for such open-space land must be clearly indicated in writing and acceptable to the Planning Commission.
(6)
All requirements of Chapter 490, Subdivision of Land, shall continue to apply. Approval of the use of the average density provision shall not constitute waiver of the terms and procedures of Chapter 490, Subdivision of Land.
D.
Restrictions. The following specific restrictions also apply:
(1)
Only uses already permitted in the zoning district may be established through this procedure.
(2)
Rear access to all proposed buildings shall be accessible for police and fire protection, in accordance with NYS Uniform Fire Prevention and Building Code.
(3)
Individual private lots, once approved through this procedure and part of an approved subdivision, shall not be further subdivided.
(4)
Parking requirements may not be waived.
(5)
If the project is proposed to be phased, provision must be made in writing at the initial phase. Average density provisions must be met for each phase of a phased development.
§ 575-24 Planned use development.
A.
Definition. "Planned use development" may be defined as an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards than would normally apply under this chapter, the approval of which may involve requirements, including, but not limited to, building design and landscaping.
B.
Intent.
(1)
It is the intent of this section to provide for compatible development of a variety of land uses and to encourage innovations in development and renewal techniques to enable community demands to be met with greater flexibility, variety of style, design, and layout of sites and buildings, and efficient use of open spaces and other amenities, and that such development and innovation be in accordance with the Comprehensive Plan and supporting plans, policies and development objectives of the City of Norwich.
(2)
This section recognizes that although the standard zoning function, both use and bulk, is appropriate for the regulation of land use in some areas, these controls may represent either a regulatory strictness or laxity which may be detrimental to establishment and promotion of the highest and best use of land within the community.
(3)
Further, this section recognizes that a rigid set of space requirements, in conjunction with bulk and use specifications, would inhibit the application of this concept. Therefore, where PUD techniques are deemed appropriate by the Common Council through the rezoning of land to planned use development, the use and dimensional specifications herein are replaced by the approval process outlined in this section.
C.
Ownership. To enable a proposal to be considered for PUD status, a development must be comprised of contiguous land, which is owned, leased or controlled by a single person, a corporation, or by a group of individuals or corporations. An application must be filed by the owner or owners of all property to be included in the project. In the case of multiple ownership, the approved PUD shall be binding on all owners.
D.
Procedure. The following actions must be taken to obtain PUD status:
(1)
An application for establishment of a planned use development shall be submitted to the Planning Commission, through its Secretary, by the owner or owners of the property to be included in PUD.
(2)
Such application shall include a design plan showing the character of the development that is proposed for the requested site. The design plan shall include: locations of principal and accessory structures, typical building elevation drawings, parking areas, traffic access and circulation, and open landscaped areas. Such supporting materials shall clearly demonstrate the concept, design, and uses of development. The submission shall also include any statements the applicant may consider appropriate relative to the necessity or desirability of development, its harmony with adjacent development, its conformity with the Comprehensive Plan, other community plans, and the reasons it cannot be developed under other zoning regulations.
(3)
Upon presentation of the application to the Secretary, the Planning Commission staff or its planning consultant shall determine its completeness in accordance with Subsection D(5) of this section. When complete, the petition shall be placed upon the agenda of the Planning Commission for receipt at its next regular meeting, and the Common Council shall be notified of such.
(4)
Upon official receipt of the petition, the Planning Commission shall have 45 days in which to act upon the same, unless such time shall be extended by mutual consent of the Commission and the applicant.
(5)
During the forty-five-day period, the Planning Commission shall:
(a)
Have its staff or planning consultant prepare a professional opinion verifying data contained within the application and setting forth the proposal's relationship to existing zoning and the City's Comprehensive Plan. The staff or consultant shall also specifically address each of the performance site plan review criteria which are set forth in this section, with such other facts or considerations as it may deem appropriate.
(b)
Within 10 days of official receipt, forward notice of such application to the Mayor, the Common Council, the City Attorney, the Police and Fire Chiefs, the Code Enforcement Officer, the Public Works Director, the Parks and Traffic Commissions, each commission and utility involved in providing services to the location set forth in the application, and such other officers or persons as the Commission may see fit.
(c)
Hold a public hearing on the proposal upon individual notice to property owners adjoining the development and general notice published in the official newspaper of the City, such notices being provided not less than 10 days prior to the date of such hearing.
(6)
Following the public hearing, the Planning Commission shall consider the proposal and its relationship to the City's Comprehensive Plan, and recommend to the Common Council its adoption, its adoption with conditions, or its disapproval of the proposal.
(a)
In its review, the Planning Commission may consult with City and county officials, as well as with representatives of federal and state agencies, including the New York State Department of Environmental Conservation and the New York State Health Department. The Planning Commission may also require such additional provisions and conditions that appear necessary for the public health, safety, general welfare, and conformity with the Comprehensive Plan.
(b)
The decision will be based upon the information provided with the application, the recommendations of various expert reviewers, and the views of affected residents and the public at large.
(7)
The Commission shall make its decision only after it has specifically addressed, in written form or at public hearing, each of the performance site plan review criteria contained within this section.
(8)
Upon receipt of the recommendation of the Planning Commission, either for approval or disapproval of the planned use development, the Common Council shall consider same utilizing the procedures for amendment of the Zoning Map set forth in Article VI, § 575-35, of this chapter.
(a)
After a public hearing as required by Article VI, § 575-35, the Common Council may:
[1]
Adopt the site plan recommendation as presented by the Planning Commission; or
[2]
Adopt the site plan recommendation with modifications; or
[3]
Disapprove the zone change.
(b)
In the event the Common Council adopts the site plan recommendation with modifications, it shall set forth in its resolution providing for the planned use development zone the reasons for the modifications.
(9)
No development or construction within the PUD shall occur and no building permits shall be issued without approval of development plans by the Planning Commission and approval of a zoning amendment by the Common Council.
(10)
In the event that there has not been a start made on the proposed development as authorized by the Common Council within one year from the date of passage of the amendment, such amendment may be revoked by Common Council after legal public notice and hearing. The land in question shall be deemed subject to the same regulations in effect before such amendment was passed.
E.
Performance site plan review criteria. Application for site plan approval shall be submitted to the Planning Commission in writing and shall be accompanied by the following information prepared by a licensed engineer and/or architect whose seal shall be affixed to the plans:
(1)
An area map showing applicant's entire holding, including that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2)
A site plan, including the following information:
(a)
Title of drawing, including name and address of applicant;
(b)
North point, scale and date;
(c)
Boundaries of the property plotted to scale including measurement of lots with square foot area computed;
(d)
Proposed use and height of all buildings, including ground area and setbacks of buildings and total area by floor;
(e)
Location of all parking and truck-loading areas, including number of parking spaces provided and access and egress drives thereto;
(f)
Location and proposed development of all open spaces, including parks, playgrounds, and open reservations;
(g)
Location of outdoor storage, if any;
(h)
Location of all existing and proposed site improvements, including drains, culverts, retaining walls, and fences;
(i)
Description of the method of sewage, stormwater, and sanitary waste disposal and the location of such facilities;
(j)
Description of the drainage pattern;
(k)
Location, size, and design of all signs;
(l)
Location and proposed development of buffer areas, including type and arrangement of trees, shrubs, and other landscaping which serves as a visual and/or noise deterrent for adjacent properties;
(m)
Location and design of lighting facilities.
(3)
A tracing overlay showing all soil areas and their classifications, and those areas, if any, with moderate to high susceptibility to flooding and/or erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
(4)
Zoning designations and proposed density of all plots of land;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
Architectural rendering, including landscaping plans;
(6)
Description of a site maintenance plan, including street maintenance, snow removal and clearance;
(7)
Submission of site plan fee, as established by Common Council, to the City Clerk; notwithstanding the above, the applicant will also provide, at his sole expense, sufficient data and information for the City to make a National Environmental Policy Act (NEPA) and/or State Environmental Quality Review (SEQR) determination and, if an environmental report is necessary, the applicant, at his sole expense, will cause same to be made and submitted;
(8)
Any design standards or required improvements, which are included in the Code of the City of Norwich and others, as may be required by the Planning Commission.
F.
Guarantee of performance. The Common Council or the Planning Commission may require issuance of a bond, on terms satisfactory to such bodies, guaranteeing performance of the final site development plan approved by the Commission and the Common Council.
§ 575-25 Accessory structures. [1]
Accessory structures may be erected, replaced or enlarged between the side or rear yard setback lines and lot lines of any residential lot, provided that the applicant provides sufficient documentation that:
A.
The accessory structure to be erected, replaced or enlarged is used as an incidental and complementary use to the residential building on the lot on which it is situated; and
B.
Accessory structures shall not be built between the building line and the street.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 575-26 Adult entertainment.
A.
Purpose and intent. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the City of Norwich, this section is intended to restrict adult uses to nonresidential and nonbusiness areas of the City. The City hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated; therefore, this section is intended to promote the health, safety and general welfare of the residents of the City of Norwich by regulating the concentration of such uses. It is not the intent nor the effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; neither is the intent nor the effect of this section to condone or legitimize the distribution of obscene materials.
B.
Classification of businesses. Adult entertainment uses are classified as follows:[1]
(1)
Adult arcades.
(2)
Adult bookstores.
(3)
Adult cabarets.
(4)
Adult dancing establishments.
(5)
Adult motels.
(6)
Adult motion-picture theaters.
(7)
Adult theaters.
(8)
Escort agencies.
(9)
Sexual encounter centers.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Restrictions. Adult entertainment uses shall be permitted subject to the following restrictions:
(1)
No adult use shall be allowed within 500 feet of another existing adult use.
(2)
No adult use shall be located within 500 feet of the boundaries of any zoning district, which is zoned for residential or business use.
(3)
No adult use shall be located within 500 feet of a preexisting school or place of worship.
(4)
No adult use shall be located in any zoning district, except those districts zoned industrial.