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Corning City Zoning Code

CHAPTER 17

04 - GENERAL PROVISIONS2


Footnotes:
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Editor's note— Ord. No. 694, § 1, adopted April 13, 2021, repealed the former Ch. 17.04, §§ 17.04.010—17.04.110, and enacted a new Ch. 17.04 as set out herein. The former Ch. 17.04 pertained to similar subject matter. Please see the Code Comparative Table for a full derivation.


17.04.010 - Title.

The ordinance codified in this chapter shall be known and cited as the "Corning Zoning Code."

(Ord. No. 694, § 1, 4-13-2021)

17.04.020 - Adopted.

There is adopted a zoning enabling plan for the city, which constitutes a precise plan based upon the adopted master plan of the city.

(Ord. No. 694, § 1, 4-13-2021)

17.04.030 - General purpose.

The purpose of this Code is to implement the city's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

A.

Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B.

Achieve the arrangement of land uses depicted in the Corning General Plan, consistent with the goals and policies of the general plan.

C.

Enhance the appearance of the city and promote high-quality design.

D.

Preserve and enhance the quality of life and character of residential neighborhoods.

E.

Promote economic growth and the creation of jobs.

F.

Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

G.

Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

H.

Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

(Ord. No. 694, § 1, 4-13-2021)

17.04.040 - Relationship to the general plan.

This Code implements the goals and policies of the City of Corning General Plan by regulating the use of land and structures within the city. This Code and the general plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this Code must be consistent with the general plan and all applicable specific plans. In any case where there is a conflict between this Code and the general plan, the general plan shall control.

(Ord. No. 694, § 1, 4-13-2021)

17.04.050 - Generally.

The zoning plan consists of the establishment of various districts within some, all, or none of which it shall be unlawful to erect, construct, alter, move, locate, or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings; within which the height and bulk of future buildings shall be limited, within which certain open spaces shall be required about future buildings, and consisting further of appropriate additional regulations to be enforced in such districts, all as set forth in this chapter.

(Ord. No. 694, § 1, 4-13-2021)

17.04.060 - Interpretation.

A.

In interpreting and applying the provisions of this chapter, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

B.

Regulations which are specifically set forth in this chapter to apply to any particular district shall not be deemed to apply to any other district unless such application is clearly set forth in the text hereof.

(Ord. No. 694, § 1, 4-13-2021)

17.04.070 - Applicability.

A.

Where conflict occurs between the regulations of this chapter and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.

B.

It is not intended that this chapter shall interfere with or abrogate or annul any easement, covenants, or other agreements now in effect; provided, however, that where this chapter imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this chapter shall apply.

(Ord. No. 694, § 1, 4-13-2021)

17.04.080 - Permit and license issuance authority—Conformance to regulations.

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permit or license for uses, buildings and purposes where the same would be in conflict with the provisions of this title.

(Ord. No. 694, § 1, 4-13-2021)

17.04.090 - Violations.

A.

It shall be unlawful for any person to violate any section of this Code. When any building or parcel of land regulated by this Code is being used or maintained contrary to this Code, the city may order such use discontinued.

B.

Vehicle parts, debris, rubbish, trash and graffiti shall not be allowed to remain on any lot or structure, outside of approved containers. Weeds in excess shall not be allowed to remain on any lot.

(Ord. No. 694, § 1, 4-13-2021)

17.04.100 - Penalties.

A.

Any person violating any of the provisions of title 17, or failing to comply with any of the mandatory requirements of the ordinances of the City of Corning, shall be guilty of an infraction.

B.

Any person convicted of an infraction for violation of an ordinance of the City of Corning, is punishable by:

1.

A fine not exceeding fifty dollars for a first violation;

2.

A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

3.

A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year;

C.

Each person shall be guilty of a separate offense for each day and every day during any portion of which any violation of any provision of title 17 is committed, continued, or permitted by any such person, and he/she shall be punishable accordingly.

(Ord. No. 694, § 1, 4-13-2021)

17.04.110 - Notice.

A.

Notice to Remove. The city shall notify the owner of any private property within the city or the agent of such owner or occupant to abate any violation of this chapter. The owner or occupant shall properly dispose or abate such violation. Such notice shall be by certified mail, addressed to such owner at his/her last known address. This notice shall allow ten days from the date of receiving the certified letter to abate the violation.

B.

Action for Noncompliance. Upon the failure, neglect or refusal of any owner or agent of occupant so notified to abate the violation within ten days after receipt of written notice provided in subsection A of this section, or make acceptable arrangement to abate such violation or within seven days after the date of such notice in the event the same is returned to the city because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, agent or occupant, the city is authorized to pay for the abatement or disposing of such litter or refuse.

C.

Charge to be Collected. When the city has effected for the abatement or removal of such refuse or litter or has paid for its removal, the actual cost thereof, administrative cost and accrued interest at the rate of seven percent per year from the date of the completion of the work, if not paid by such owner or occupant of such property, and such charges shall be due and payable by the owner at time of presentation.

(Ord. No. 694, § 1, 4-13-2021)