This overlay district classification is intended to encourage mixed-use development and is to be applied to the larger parcels located between the primary intersections of the Highway 99W corridor specific plan area. As such, this overlay zone is to be utilized only within the boundaries delineated by the Highway 99W corridor specific plan. The SPMU overlay zone allows for a combination of land uses that have been determined to be compatible for development. The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in the SPMU overlay district.

(Ord. 573 (part), 1997).

The purpose of the SPMU overlay district is to allow development to consist of a combination of land uses. The combination of such uses is found to be compatible if noise, smoke, dust, odors, and other offensive features are confined to the premises of such use.

(Ord. 573 (part), 1997).

The regulations of this chapter provide for mixed-use development within the Highway 99W corridor specific plan area which has been designated the Corning Business Development Zone. In SPMU overlay district land use regulations shall include the following requirements:

A.

In any district with which is combined the SPMU overlay district, the regulations of this chapter shall apply in addition to those specified in this title; provided, that if conflict in regulations occurs, the regulations of this chapter shall govern;

B.

The permitted uses established in each district and being combined in the SPMU overlay district are allowed; provided that in the opinion of the planning commission, the proposed sites are of a similar character;

C.

Any development within the SPMU overlay district shall apply applicable design criteria established in the visual design guidelines of the Highway 99W corridor specific plan;

D.

Those provisions established in Chapter 17.47 CBDZ Corning business development zone.

(Ord. 573 (part), 1997).

There are no uses permitted without use permits.

(Ord. 573 (part), 1997).

In any district with which is combined an SPMU district, the following districts may be combined and shall require use permits. The SPMU overlay district allows for the combination of the permitted uses from the following districts which in the opinion of the planning commission the uses are of a similar and compatible character: C-1 neighborhood business district, C-2 central business district, C-3 general commercial district, M-1 light industrial districts, and M-L limited manufacturing district.

A.

From C-1, C-2 and C-3 districts, the following uses of land and buildings which, in the opinion of the planning commission, are of a similar character shall be permitted:

1.

Retail stores and business or service enterprises which, in the opinion of the planning department are of a character similar to the following:

a.

Food stores, dairy products, and bakery goods stores,

b.

Bookstores, rental libraries, and video rental stores,

c.

Drugstores, including soda fountain food service,

d.

Florist, variety, hardware, and clothing stores,

e.

Athletic facilities, banks, business offices, bowling alleys, food, drug and clothing stores and retail outlet stores,

f.

Business colleges, music, dancing, and martial arts studios,

g.

Blueprinting shops, photographic stores,

h.

Catering shops, cafes and restaurants, and bars and taverns,

i.

Art and antiques shops and pawnshops,

j.

Hotels, motels, theaters, auditoriums, lodge halls and social clubs,

k.

Newspapers and commercial printing shops,

l.

Mortuaries,

m.

Bakeries,

n.

Other retail business uses which, in the opinion of the Planning Commission, are similar to the foregoing;

B.

The following agencies and services:

1.

Laundry and dry-cleaning businesses using noninflammable cleaning solvents,

2.

Barbershops, beauty parlors and cosmetic shops,

3.

Repair shops for domestic appliances and goods,

4.

Professional and medical offices, studios, and clinics,

5.

Gasoline service stations, including auto repairs; provided, that all operations except the service with gasoline, oil, air, and water be conducted within an enclosed building,

6.

Self-operated laundries,

7.

Gasoline service stations; provided, that all operations except the servicing with gasoline, oil, air, and water are carried on within a building,

8.

Commercial repair garages, and incidental service uses,

9.

Automobile sales and service and used car lots,

10.

Wholesale distribution uses and warehouses,

11.

Veterinary hospitals, animals to be kept in an enclosed structure,

12.

Carwash,

13.

Other services and agencies which, in the opinion of the planning department, are similar to the above;

C.

Public buildings and public utility substations and offices;

D.

Commercial parking lots and parking garages;

E.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use; an on-site residence not to exceed one third the square footage of an active business establishment and occupied by the owner/proprietor or their agent. Such residence is to be a secondary use to an active commercial enterprise, either upstairs or in the rear, with the storefront remaining commercial. No residential garage is permitted;

F.

Incidental storage and accessory uses, including repair operation and services; provided, that such is clearly incidental to the sale of products at retail on the premises and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise, vibration, fire, or safety;

G.

All other commercial uses except those uses which are specified in chapters 17.26 and 17.28 of this title as being permitted only in M-2 districts;

H.

Incidental storage and accessory uses, including repair operating and services, provided such uses shall be clearly incidental to the sale of products at retail on the premises, and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise, or vibration;

I.

From M-1 districts, the following uses of land and buildings which, in the opinion of the planning commission, are of a similar character shall be permitted:

1.

Assembly and storage of goods, materials, liquids, and equipment, except storage of flammable or explosive matter or materials which create dust, odors, or fumes. Permitted uses include:

a.

Wholesale and storage warehouses,

b.

Feed and fuel yards,

2.

Manufacturing, processing, fabricating, refining, repairing, packaging or treatment of goods, material or produce by electric power, oil, or gas, except operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof. Permitted uses include:

a.

Dye and dry-cleaning plants,

b.

Rug cleaning plants,

c.

Laundries,

d.

Veterinary hospitals,

e.

Cabinet shops,

3.

The following when conducted within a building or enclosed within a solid wall or fence of a type approved by the Planning Commission, not less than six feet in height:

a.

Body and fender repair shops and auto painting shops,

b.

Cooperage and bottling works,

c.

Sheet metal shops and welding shops,

d.

Truck terminals,

e.

Retail lumber yards;

J.

From M-L districts, the following uses of land and buildings which, in the opinion of the planning commission, are of a similar character shall be permitted:

1.

Commercial and professional offices,

2.

The following and similar uses from which noise, smoke, dust, odors, and other such offensive features are confined to the premises of each such use:

a.

Research institutes and laboratories,

b.

Small electronic and plastics products manufacturing,

c.

Electrical products and instrument manufacturing,

d.

Bookbinding, printing, and lithography,

e.

Cartography, surveying, and engineering,

f.

Editorial, architecture and designing,

g.

Garment manufacturing, paper products manufacturing,

3.

Underground utility installations and above-ground utility installation for local service, except that substations generating plants and gas holders must be approved by the planning commission prior to construction; and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition.

(Ord. 623 §a.6, a.7, 2005; Ord. 589 §13, 2001; Ord. 573 (part), 1997; Ord. No. 703, § 5, 10-25-2022)

In SPMU overlay districts, the minimum height, bulk and space requirements shall be as follows:

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.

Lot area, lot width, building coverage regulations, none;

C.

Front yard, fifteen feet;

D.

Side yard, none, except as required by the building code or other regulations;

E.

Rear yard, twelve feet where accessible from street, alley or parking lot for loading purposes. Building code and other regulations shall apply;

F.

Building height limit, four stories, but not to exceed fifty feet; and provided, that buildings shall be confined within inclined planes sloping inward at a ratio of one foot horizontally to two feet vertically, such planes beginning directly above property lines at an elevation of thirty feet above average ground grade;

G.

Loading area, twenty-foot alleys for loading and delivery purposes shall be provided adjacent to all lots to be used for commercial purposes. Ten feet of the required yard may be included in such alleys;

H.

Parking requirements as required by Chapter 17.51;

I.

Corner lots, side yard setback ten feet.

(Ord. 573 (part), 1997).