[HISTORY: Adopted City of Norwalk Common Council 11-10-1981. Amendments
noted where applicable.]
The purpose of this ordinance is to promote the educational,
cultural, economic and general welfare of the City of Norwalk through
the preservation and protection of the distinctive characteristics
of buildings and places associated with the history of, or indicative
of a period or style of architecture of, the municipality, of the
state or of the nation and through the development of appropriate
settings for such buildings and places.
There is hereby created for the City of Norwalk an historic
district, to be known as the "Norwalk Green Historic District," the
boundaries of which are as follows: Beginning with the point at the
northeast corner of the property of St. Paul's Church, Blocks
69 and 70, Lot 1, the line will proceed in a westerly direction along
the boundary of this lot to its intersection with Park Street (note
that Lot 2 is not included); thence southerly on Park Street along
the boundary of Lot 1 to a point directly opposite the northern intersection
of Block 68, Lot 4, and Park Street; thence across Park Street and
westerly along the northern boundary of Lot 4; thence south along
the western boundaries of Block 68, Lots 4, 3 and 2; thence west along
the northern boundary of Block 68, Lot 22, south along the western
boundary of Lot 22; thence east along the southern boundary of Lot
22 to the intersection of Lot 22 and Lewis Way, south along the western
boundary of the public way known as Lewis Way, to the south-western
corner of Block 60, Lot 1, to a point on East Wall Street which is
directly opposite the intersection of Block 57, Lots 1 and 2, across
East Wall Street to this points thence following the boundary between
Block 57, Lots 1 and 2, to Smith Street; thence south along boundary
of Block 57, Lot 2, to the intersection of Lots 2 and 4 of Block 57;
thence northeasterly along the boundary between Block 57, Lot 2 and
Lot 4; thence east along the boundary between Block 57, Lots 3 and
4, to a point on Hubbells Lane where Lots 3 and 4 meet (thus excluding
Block 57, Lot 4); thence in a northeasterly direction along the boundary
of Block 57, Lot 3 to the intersection of the northern boundary of
Block 57, Lot 3, and Hubbells Lane; thence southeasterly across Hubbells
Lane, along the northeast boundary of Block 56, Lot 1, to a point
directly opposite the intersection of Morgan and East Avenues; thence
straight north along the western boundary of Blocks 69 and 70, Lots
3 and 1, to the starting point.
A.
There is hereby established an Historic District Commission, which
shall hereafter perform all functions relative to the establishing
of new districts and administering existing districts pursuant to
the provisions of § 7-147a to § 7-147k, inclusive,
of the Connecticut General Statutes, and as the same may be amended,
and in conformity with the standards and criteria formulated by the
Connecticut Historical Commission. The Historic District Commission
shall consist of five regular members and three alternate members,
who shall be electors of the City of Norwalk holding no salaried municipal
office and who shall be appointed by the Common Council upon recommendation
by the Mayor. The appointments to membership in the Commission shall
be so arranged that the term of at least one member shall expire each
year, and their successors shall be appointed in like manner for terms
of five years. At least one regular member and one alternate member
of the Commission should be residents of an Historic District in the
City of Norwalk. All members shall serve without compensation.
B.
The Commission shall elect annually a Chairman, a Vice Chairman and
a Clerk from its own number.
C.
In case of inability to act, because of absence, sickness or self-interest,
on the part of a member of the Commission, his place shall be taken
by an alternate member designated by the Chairman. Such alternate
members shall, when seated as provided herein, have all the powers
and duties of a member of the Commission. If a regular member of said
Commission is absent or has a conflict of interest, the Chairman of
the Commission shall designate an alternate to so act, choosing alternates
in rotation so that they shall act as nearly equal a number of times
as possible. If any alternate is not available in accordance with
such rotation, such fact shall be recorded in the minutes of the meeting.
D.
Vacancies shall be filled for the unexpired term of Commissioners
and alternates in the same manner as the original appointment. Each
member and alternate shall continue in office until his successor
is duly appointed. Any member or alternate may be appointed for another
term or terms.
E.
The Historic District Commission shall adopt rules of procedure not
inconsistent with the provisions of § 7-147a to § 7-147k,
inclusive, as amended. The Commission may adopt regulations not inconsistent
with the provisions of § 7-147a to § 7-147k, inclusive,
as amended, to provide guidance to property owners as to factors to
be considered in preparing an application for a certificate of appropriateness.
F.
The Historic District Commission shall keep a permanent record of
its resolutions, transactions and determinations and of the vote of
each member participating therein.
G.
A copy of this ordinance, together with any amendments thereto, and
a map of the historic district created hereunder, annual reports and
other publications of the Historic District Commission and the roster
of membership of such Commission shall be transmitted to the Connecticut
Historical Commission. The Historic District Commission shall also
file with the Connecticut Historical Commission at least once every
year a brief summary of its actions during that year, including a
statement of the number and nature of certificates of appropriateness
issued, any changes in the membership of the Commission and any other
information deemed appropriate by the Historic District Commission.
H.
The Historic District Commission established hereunder may:
(1)
Make periodic reports to the legislative body.
(2)
Provide information to property owners and others involving the preservation
of the district.
(3)
Suggest pertinent legislation.
(4)
Initiate planning and zoning proposals.
(5)
Cooperate with other regulatory agencies and civic organizations
and groups interested in historic preservation.
(6)
Comment on all applications for zoning variances and special exceptions
where they affect the historic district.
(7)
Render advice on sidewalk construction and repair, tree planting,
street improvements and the erection or alteration of public buildings
not otherwise under its control where they affect historic districts.
(8)
Furnish information and assistance in connection with any capital
improvement program involving the historic district.
(9)
Consult with groups of experts.
I.
The Commission may accept grants and gifts, employ clerical and technical
assistance or consultants and incur other expenses appropriate to
the carrying on of its work, subject to appropriation by the municipality
or receipt of such grants or gifts, and may expend the same for such
purposes.
A.
No building or structure shall be erected or altered within an historic
district until after an application for a certificate of appropriateness
as to exterior architectural features has been submitted to the Historic
District Commission and approved by said Commission.
B.
No building permit for erection of a building or structure or for
alteration of an exterior architectural feature within an historic
district and no demolition permit for demolition or removal of a building
or structure within an historic district shall be issued by a municipality
or any department, agency or official thereof until a certificate
of appropriateness has been issued. A certificate of appropriateness
shall be required whether or not a building permit is required.
C.
The Historic District Commission may request such plans, elevations,
specifications, material and other information, including in the case
of demolition or removal, a statement of the proposed condition and
appearance of property after such demolition or removal, as may be
reasonably deemed necessary by the Commission to enable it to make
a determination on the application. The style, material, size and
location of outdoor advertising signs and bill posters within an historic
district shall also be under the control of such Commission. The provisions
of this section shall not be construed to extend to the color of paint
used on the exterior of any building or structure.
D.
No area within an historic district shall be used for industrial,
commercial, business, home industry or occupational parking, whether
or not such area is zoned for such use, until after an application
for a certificate of appropriateness as to parking has been submitted
to the Commission and approved by said Commission. The provisions
of this section shall apply to the enlargement or alteration of any
such parking area in existence on the date of the enactment of this
ordinance.
A.
The Historic District Commission shall hold a public hearing upon
each application for a certificate of appropriateness unless the Commission
determines that such application involves items not subject to approval
by the Commission. The Commission shall fix a reasonable time and
place for such hearing. Notice of the time and place of such hearing
shall be given by publication in the form of a legal advertisement
appearing in a newspaper having a substantial circulation in the municipality
at least twice, at intervals of not less than two days, the first
not more than 15 days nor less than 10 days, and the last not less
than two days before such hearing.
B.
Unless otherwise provided by ordinance, a majority of the members
of the Commission shall constitute a quorum, and the concurring vote
of a majority of the members of the Commission shall be necessary
to issue a certificate of appropriateness. Within not more than 65
days after the filing of an application as required by § 7-147d,
as amended, the Commission shall pass upon such application and shall
give written notice of its decision to the applicant. When a certificate
of appropriateness is denied, the Commission shall place upon its
records and in the notice to the applicant the reasons for its determination.
In the notice to the applicant, the Commission may make recommendations
relative to design, arrangement, texture, material and similar features.
The Commission may issue a certificate of appropriateness with stipulations.
Evidence of approval, as referred to in § 7-147d, as amended,
shall be by certificate of appropriateness issued by the Commission.
Failure of the Commission to act within said 65 days shall constitute
approval, and no other evidence of approval shall be needed.
If the Commission determines that the proposed erection, alteration
or parking will be appropriate, it shall issue a certificate of appropriateness.
In passing on an appropriateness as to exterior architectural features,
buildings or structures, the Commission shall consider, in addition
to other pertinent factors, the type and style of exterior windows,
doors, light fixtures, signs, aboveground utility structures, mechanical
appurtenances and the type and texture of building materials. In passing
upon appropriateness as to exterior architectural features, the Commission
shall also consider, in addition to any other pertinent factors, the
historical and architectural value and significance, architectural
style, scale, general design, arrangement, texture and material of
the architectural features involved and the relationship thereof to
the exterior architectural style and pertinent features of other buildings
and structures in the immediate neighborhood. In passing upon appropriateness
as to parking, the Commission shall take into consideration the size
of such parking area, the visibility of cars parked therein, the closeness
of such area to adjacent buildings and other similar factors. In its
deliberations, the Historic District Commission shall act only for
the purpose of controlling the erection or alteration of buildings,
structures or parking which are incongruous with the historic or architectural
aspects of the district. The Commission shall not consider interior
arrangement or use. However, the Commission may recommend adaptive
reuse of any buildings or structures within the district compatible
with the historic architectural aspects of the district.
Where, by reason of topographical conditions, district borderline
situations or because of other unusual circumstances solely with respect
to a certain parcel of land and not affecting generally the district
in which it is situated, the strict application of any provision of
§ 7-147a to § 7-147k, inclusive, would result
in exceptional practical difficulty or undue hardship upon the owner
of any specific property, the Commission, in passing upon applications,
shall have the power to vary or modify strict adherence to said sections
or to interpret the meaning of said sections so as to relieve such
difficulty or hardship, provided that such variance, modification
or interpretation shall remain in harmony with the general purpose
and intent of said sections so that the general character of the district
shall be conserved and substantial justice done. In granting variations,
the Commission may impose such reasonable and additional stipulations
and conditions as will, in its judgment, better fulfill the purposes
of said sections. In addition to the filing required by Subsection
(b) of § 7-147e, the Commission shall, for each variation
granted, place upon its records and in the notice to the applicant
the reasons for its determinations.
A.
If any provision of § 7-147a to § 7-147k, inclusive,
as amended, or any action taken or ruling made by the Historic District
Commission pursuant to the provisions of said sections or if any regulation
or ordinance adopted under said sections has been violated, the Commission
may, in addition to other remedies, institute an action in the Superior
Court for the judicial district wherein such violation exists, which
court shall have jurisdiction to restrain such violation and to issue
orders directing that the violation be corrected or removed. Such
order may direct the removal of any building, structure or exterior
architectural feature erected in violation of said sections or any
bylaw or ordinance adopted under said sections or the substantial
restoration of any building, structure or exterior architectural feature
altered or demolished in violation of said sections or any regulation
or ordinance adopted under said sections. Regulations and orders of
the Commission issued pursuant to said sections or to any regulation
or ordinance adopted under said sections shall be enforced by the
Zoning Enforcement Official or Building Inspector or by such other
person as may be designated by ordinance, who may be authorized to
inspect and examine any building, structure, place or premises and
to require in writing the remedying of any condition found to exist
therein or thereon in violation of any provision of the regulations
or orders made under the authority of said sections or of any regulation
or ordinance adopted under said sections.
B.
The owner or agent of any building, structure or place where a violation
of any provision of § 7-147a to § 7-147k, inclusive,
as amended, or of any regulation or ordinance adopted under said sections
has been committed or exists, or the lessee or tenant of an entire
building, entire structure or place where such violation has been
committed or exists, or the owner, agent, lessee or tenant of any
part of the building, structure or place in which such violation has
been committed or exists, or the agent, architect, builder or contractor,
or any other person who commits, takes part or assists in any such
violation or who maintains any building, structure or place in which
any such violation exists, shall be fined not less than $10 nor more
than $100 for each day that such violation continues; but, if the
offense is willful, the person convicted thereof shall be fined not
less than $100 nor more than $250 for each day that such violation
continues. The Superior Court for the judicial district wherein such
violation continues or exists shall have jurisdiction of all such
offenses, subject to appeal as in other cases. Each day that a violation
continues to exist shall constitute a separate offense. All costs,
fees and expenses in connection with actions under this section may,
in the discretion of the court, be assessed as damages against the
violator, which, together with reasonable attorney's fees, may
be awarded to the Historic District Commission which brought such
action. Any funds collected as fines pursuant to this section shall
be used by the Commission to restore the affected buildings, structures
or places to their condition prior to the violation wherever possible,
and any excess shall be paid to the municipality in which the district
is situated.
Any person or persons severally or jointly aggrieved by any decision of the Historic District Commission or of any officer thereof may, within 15 days from the date when such decision was rendered, take an appeal to the Superior Court for the judicial district in which such municipality is located, which appeal shall be made returnable to such court in the same manner as that prescribed for other civil actions brought to such court. Notice of such appeal shall be given by leaving a true and attested copy thereof in the hands of or at the usual place of abode of the Chairman or Clerk of the Commission within 12 days before the return day to which such appeal has been taken. Procedure upon such appeal shall be the same as that defined in C.G.S § 8-8.
A.
Nothing in this ordinance shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in the
historic district which does not involve a change in the appearance
or design thereof nor to prevent the erection or alteration of any
such feature which the Building Inspector or a similar agent certifies
is required by the public safety because of a condition which is unsafe
or dangerous due to deterioration nor to prevent the erection or alteration
of any such feature under a permit issued by a Building Inspector
or similar agent prior to the effective date of establishment of such
district.
B.
If a building in an historic district is to be demolished, no demolition
shall occur for 90 days from the issuance of a demolition permit if
during such time the Historic District Commission or the Connecticut
Historical Commission is attempting to find a purchaser who will retain
or remove such building or who will present some other reasonable
alternative to demolition. During such ninety-day period, the municipality
may abate all real property taxes. At the conclusion of such ninety-day
period, the demolition permit shall become effective, and the demolition
may occur. Nothing in this section shall be construed to mandate that
the owner of such property sell such property or building.
The provisions of this ordinance shall not apply to any property
owned by a nonprofit institution of higher education, for so long
as a nonprofit institution of higher education owns such property.
