The regulations specified in this title shall be subject to the general provisions and exceptions set out in this chapter.

(Ord. 153 §21.01, 1959).

Corner lots are required to have a twenty-foot front yard setback and a ten-foot side yard setback.

(Ord. 524 §16, 1992).

A detached garage or accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard. In exception to the provisions of this section, a garage or other similar outbuilding not exceeding fifteen feet in height at the ridge may be built to the side and/or rear line; provided, that the garage or similar outbuildings is not less than seventy-five feet from any street, and otherwise shall observe a six-foot clear distance for side yard and ten-foot rear yard. A garage or accessory building that is not attached to and made a part of the main building shall not be closer than eight feet clear distance to the main building.

(Ord. 524 §16.1, 1992; Ord. 153 §20.06(b), 1959).

In case of a corner lot abutting upon two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front lot.

(Ord. 524 §16.2, 1992; Ord. 153 §21.06(c), 1959).

Any lot or individually assessed parcel of land existing as such at the time of adoption of the ordinance codified in this section shall be considered a legal building site subject to the provisions of this title which met then existing regulation at that time and any applicable ordinance, even though such lot or parcel may have dimensions and area less than required by such ordinances.

(Ord. 524 §16.3, 1992; Ord. 323 §25, 1978: Ord. 180 §1(3), 1962: Ord. 153 §21.06(d), 1959).

In case of a corner lot adjacent to a flag lot in any R district, the setback on the street side of the corner lot, within twenty feet of the side line of the key lot, shall be equal to the front yard required on the key lot, and a clear ten-foot rear yard shall be maintained on the corner lots.

(Ord. 524 §16.5, 1992; Ord. 153 §21.07(i), 1959).

A.

No fence shall be constructed prior to obtaining a building permit, as provided for in Title 15 of the Corning Municipal Code, except in the case of a previously existing fence which was damaged or destroyed and which is reconstructed or repaired using similar materials of the same dimensions and location as the original fence.

B.

Fences and screen plantings shall not exceed four feet in front yards nor six feet in height in any required rear and side yard, unless specifically required by this chapter or except as provided in this section.

1.

The height of fences shall be measured from the ground upon which the fence rests, except that if a fence rests upon earth berm or artificial elevation, the height shall be measured from the base of the earth berm or artificial elevation.

2.

Where the height of a fence in the front yard exceeds four feet above centerline grade of a facing roadway, a property owner shall display the street number in a location and of sufficient size that it may be easily seen from the roadway, where a street number has been assigned. For the purposes of this section, display of street numbers on the curb is not adequate.

3.

For the purposes of this section, the front yard of a corner lot shall be that portion of the lot between the front door and the property line.

C.

Exceptions to the height restrictions may be authorized by TAC where:

1.

The obstruction is justified because of noise, glare or other problems generated by the use of an adjacent roadway or other outside influence; and

2.

The obstruction does not interfere with parking or driveway areas; and

3.

Sight distance at street corners, alleys and driveways is appropriate as determined by the public works department; and

4.

When increasing the height of a front yard fence, a lot owner prominently displays the street numbers of the parcel, if one is assigned, in a place and of a size agreed to by the public works director.

D.

Fences within the city may be constructed of barbed wire or may incorporate spikes or electrical charges only when:

1.

A use permit is issued, based upon compatibility with this section and chapter, and which the planning commission may condition to require appropriate warning signs upon said fence; and

2.

Such material may not, under any circumstances, be used within three feet of any public right-of-way; and

3.

The lot involved may legally keep nondomestic animals; or

4.

The planning commission finds that extraordinary circumstances apply that require the use of such a fence, and the circumstances apply almost exclusively to the applicant property.

E.

Solid masonry walls or a sound barrier demonstrated to have equivalent sound attenuation qualities that will reduce peak event noise to general plan standards for residential land uses shall be required. Any substitution for the masonry walls must be accompanied by a certification by an acoustic expert and approved by the planning officer.

1.

Solid masonry walls or their equivalent, shall be required as noise and light mitigation between single-family residential development and a multiple-family development, consisting of five or more dwelling units.

2.

Solid masonry walls or equivalent, shall be required to separate all residential development from commercial and industrial development.

3.

Solid masonry walls or equivalent, shall be required as a part of any industrial development which abuts commercial or residential development.

4.

Solid masonry walls or equivalent, shall be constructed on the property line, in accordance with the height standards in this section. The ground area within five feet nearest the wall shall consist of a landscaping screen, composed of plant material which will reach a height of at least eight feet along side yards behind the front yard setback, and rear yards.

5.

Where new development abuts vacant land of a different zone, the solid masonry wall or its equivalent, shall be constructed as a part of that development and not deferred.

6.

Solid masonry walls or its equivalent, shall not be required when existing commercial development expands no more than thirty percent of its building area.

7.

Where new commercial development occurs in the downtown business district, the planning department shall require the proposed design to include a solid masonry wall or its equivalent, to buffer adjoining residential areas; however, where incompatible, the planning commission may waive the requirement through a variance.

(Ord. 575, 1997; Ord. 558 (part), 1996; Ord. 524 §16.6, 1992; Ord. 442, 1986: Ord. 153 §21.07(k), 1959).

In those instances where the owner of property in the city desires to build a retaining wall for the purpose of keeping dirt from sliding or moving, and any portion of the retaining wall or the property on which it is located belongs to the city, then an encroachment permit shall be procured from the city before any such retaining wall is constructed. "Retaining wall" shall be defined as any wall or structure made of masonry or similar materials, including wood, designed for the purpose of keeping earth from moving in a lateral direction. The city shall have the option, through its planning commission, of allowing such encroachments upon such terms and conditions as the planning commission may impose. The conditions shall be in a recordable form, to the effect that any accident caused by or damage to property arising from the location of the retaining wall, shall be paid by the land owner and the city shall not be responsible for such damage in any way and the land owner shall hold the city harmless from any liability. An encroachment permit shall be obtained in the same manner as a use permit, and the same fee shall be assessed for the encroachment permit as for a use permit. In addition to the encroachment permit, the land owner shall procure a building permit when the same is required. All retaining walls shall be properly anchored, as the planning commission may require.

(Ord. 323 §26, 1976; Ord. 205 §1, 1964: Ord. 153 §21.07(n), 1959).

Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennae, and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty-five feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purposes. Additional heights for public utility structures may be permitted upon approval of the planning commission. Height limitations provided in this section shall not apply to electrical transmission lines and towers.

(Ord. 153 §21.08, 1959).

The outdoor display of merchandise shall be permitted in all zones, upon issuance of a permit. Such use permit shall be issued without fee, and subject to such restrictions and regulations as are reasonably necessary and consistent with the public health, welfare and safety. Use permits shall be required only in those cases where merchandise is to be displayed in areas of public rights-of-way, including sidewalks or roadways of any sort, but not including sidewalks which are privately owned and maintained and over which passage by the public may be prohibited.

(Ord. 182 §1, 1962: Ord. 153 §21.09, 1959).

A.

This section establishes standards for large family day care homes in compliance with state law, including the limitations on the city's authority to regulate these facilities.

B.

These standards apply in addition to all other applicable provisions of this chapter and any requirements imposed by the State Department of Social Services through its facility licensing.

1.

The planning director may issue a non-transferable permit for the operation of a large family day care home in any residential district if the director determines that the proposed large family day care home will comply with the following standards in this section:

a.

No large family day care home shall be located within one thousand feet of another large family day care home.

b.

At least one off-street child drop-off/retrieval parking space shall be provided. The space may be on an existing driveway and/or within a front yard or a street side yard. The space shall not be smaller in dimension or area of a standard parking space and shall not utilize a space otherwise required for off-street parking. A surfaced sidewalk shall connect this space with the front door of the large family day care home.

c.

In addition to the parking spaces required for the primary dwelling use, one additional off-street parking space for an assistant care-giver shall be provided. The space may be located on an existing driveway and/or in a front yard or a street side yard.

d.

Any large family day care home located on an arterial street as shown on the general plan circulation element map, shall be provided with adequately designed off-street drop-off or retrieval areas and assistant care-giver space to ensure that vehicles reentering the arterial street will be able to do so in a forward moving manner.

e.

Business hours are limited to between the hours of six a.m. and six p.m.

f.

Outdoor activities on the site are limited to between the hours of eight a.m. and six p.m. In order to limit neighborhood noise impacts, at least four hours of daily activities shall be conducted indoors. The four hours need not be consecutive, but all client children shall observe the same indoor activity period or periods.

2.

At a public hearing advertised in accordance with California Government Code Section 65091, the planning commission may approve a modification to the standards of subsection (B)(1) of this section for a large family day care home that does not meet the standards of this section. The applicant shall pay a fee equivalent to one-half the city's standard use permit application fee to offset costs related to notification, advertising, staff report preparation and planning commission review. No part of those fees shall be refundable.

C.

Noncompliance. In any case where the conditions of approval of a large family day care home permit have not or are not complied with, the planning director shall schedule a planning commission hearing to consider revocation of the large family day care home permit.

1.

At a hearing scheduled to consider revocation of a large family day care home due to noncompliance with the applicable standards, the planning commission shall consider the evidence presented and with findings, may revoke or modify the operating conditions of a large family day care home permit. The decision of the planning commission may be appealed to the city council within ten days from the date of the planning commission decision.

(Ord. 611, 2004).

The city of Corning shall adopt and may periodically amend regulations for the placement of outdoor advertising signs by resolution of the city council.

(Ord. 623 §b, 2005).