Every Connecticut community has its own permit requirements and processes for new businesses. Norwich is slightly unique in that the community provides almost all of the business services “in house” because of the extensive public utility program. When a new business is looking to locate in the city it is important to determine whether their business is a “change of use” or “change of user” for the property that they have selected. A “change of user” is usually not an issue, but a “change of use” can be. The “change of use” distinction plays out in four different ways, as described below:

Zoning is the first step of the change of use analysis. The city’s land use regulations (aka “Comprehensive Plan”) define which uses are allowed on the land. Every parcel of land in the city is “zoned” and it is important to understand which uses are allowed at a particular address. All uses require a permit of some sort, and there are three permit classes: Zoning Permit (issued by the zoning enforcement officer), a Site Plan Review (issued by the Commission on the City Plan) and a Special Permit, also issued by the Commission on the City Plan, but a public hearing must be held. What we’ve found is that off-street parking is usually the zoning issue that trips up a change of use. Zoning fees range from free (sign permit) to $560 (variance). A Certificate of Occupancy (“CO” or “C of O”) cannot be issued until a Certificate of Zoning Compliance is issued.

Compliance with the Building Code is the second category. The city enforces state building codes, of which there are several nuances and multiple variables at work, and which are administered by the Building Official’s Office. Uses in the business code do not align up with the definitions and language in the zoning regulations. For example, a retail classification in zoning is classified as mercantile in building code. Restaurants (zoning) are Assembly group A-2 (building) and so forth. This can present a challenge because some businesses think of themselves differently than how these regulations define their business.

The number of toilet rooms, egress (ability to safely exit a space), accessibility for disabled people and proper ventilation (i.e., HVAC) are the most frequent issues that we’ve had to work around for a change of use. Buildings cannot be occupied until a Certificate of Occupancy (CO) is issued by the Building Official’s Office. What happens if you occupy a building without a CO? The worst case scenario is that the building can be condemned. At that point, it is excruciatingly challenging to recover, so do it right the first time. The fees for a Building Permit are unique to each project based on the scope of work.

Compliance with the Fire Code is the third category. The city enforces the state fire codes, which are administered locally by the City Fire Marshal’s Office. Life safety of occupied buildings is an important consideration, and the key issues that arise during this process involve egress, whether a sprinkler system is available and the occupant load of the space. In Norwich, the fire code process is aligned with the building code process and there are no fees.

Public Utilities is the fourth category. In 2005, the Norwich Board of Public Utilities Commission adopted a Sewer Capital Connection Fee policy for properties that involved a change of use, or restoration of a previously condemned property. The connection fee is calculated based on the “EDU” (1 EDU = 200 gallons per day; each use has an EDU rate) for each use classification in the policy and is administered by Norwich Public Utilities (NPU) The policy can be found here: norwichpublicutilities.com/images/sewer-cap-fee.pdf

NPU also requires a utility deposit to be paid at the initiation of a commercial account. The deposit is determined based on gas and electric consumption over a three month period of cold weather. This fee is reimbursable at the closure of an account.

Crossfit has become a major fitness trend across the United States. Well, what the heck is it? Crossfit is a strength and conditioning program modelled after law enforcement and military training techniques, in which you train for real world fitness needs, rather than for a specific muscle group. David Marshal and Josh Michaud started their quest to find space suitable in Norwich for their business back in 2011, but realized that more planning was needed before launching into the venture.

We most recently connected with the guys in January of this past year when they were looking to secure a Certificate of Occupancy (CO) for a space on West Thames Street. Why would they contact us? In this instance, one of our real estate broker partners, Fred Allyn, Jr., connected them with us. Few businesses realize that there are four key local steps to address prior to occupying a space, especially if it involves a “change of use,” and each of these steps has a slightly different definition for change of use, to serve the purposes of the laws or policies that they are seeking to enforce. What to know more about the change of use process? See our “Four Degrees of “Change of Use” write-up, here: Click to read story

This project involved a “change of use” under the Zoning Regulations, and an application for approval was submitted to the Commission on the City Plan (SDP #1028) in accordance with Section 7.3 “Mill Enhancement Program” in the City’s Zoning Regulations. The project was unanimously approved on February 25^th, 2014. What did we do to help? We coordinated meetings with code officials at three sites, assisted with the development of two site plan applications, aligned them with professional technical assistance (i.e., architect) and attended the Commission on the City Plan meeting to provide confidence in their application, and technical assistance if needed.

What we have found is that few businesses understand rules and regulations that are outside of their industry. Worse, they often get misinformation from well-intentioned friends and family that are not involved in rule enforcement (i.e., “my cousin’s dentist’s sister said I didn’t need to get a permit, because…”). Ramping up their knowledge of other rules and regulations (e.g., zoning, building, fire) is challenging and overwhelming; creating a stressful situation. This is where many businesses quit.

Sometimes having the right people on your team, in this case an architect, can save a significant amount of time and money (do it right the first time). We’ve also found that by being present, we can reduce the stress and create confidence that they are on the right track and in doing so, create a much more comfortable experience. It’s exactly what they do with their training program: regular folks come to work out in an environment that provides confidence, technical knowhow and a great community feel. A place where people feel comfortable outside of their regular comfort zone.

 Now that is legit. Too Legit…? Nope, Crossfit.

 Checkout Crossfit Paybeck on the web and like them on facebook: crossfitpayback.com/getting-started and facebook.com/crossfitpayback