Corning City Zoning Code
ARTICLE VIII
Area and Bulk Regulations; Density Control
§ 240-45 Purpose.
In order to provide adequate open spaces for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population and to lessen congestion on streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth.
§ 240-46 Density Control Schedule.
The attached schedule of density control regulations (or area and bulk schedule) is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "City of Corning Density Control Schedule."[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
§ 240-47 Maximum average residential density.
A.
In all districts where residences are permitted, a lot held in single ownership may be improved for residential use according to the minimum lot size per dwelling unit and bulk regulations for the district as set forth in the Density Control Schedule, provided that there shall be no more than one principal building and use on each lot, except as provided herein. If two or more residential structures are proposed to be located on the same lot, the maximum average density requirement must be complied with, and the lot shall be subdivided so as to provide adequate width and yards.
B.
A building permit shall not be issued for any residential lot of required or larger than required size as set forth in this chapter that has been reduced in size for transfer of ownership if such lot so subdivided will form one or more lots which shall not be in compliance with the density requirement.
§ 240-48 Reduction in lot area.
A building permit shall not be issued for any project that involves a reduction in lot size so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
§ 240-49 Existing undersized lots.
Any lot held in single and separate ownership prior to the adoption of this chapter, and whose area is less than the specified minimum lot requirements of this chapter for the district, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
A.
The lot shall only be used for a single-family dwelling.
B.
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
C.
Such lot has an area of at least 2,875 square feet and a minimum width of at least 21 feet at the required setback line if it is to be used for residential purposes.
E.
No detached accessory building shall be located closer to a side lot line than three feet, nor less than 10 feet to the residence building and shall be located behind the rear line of such residence building. No accessory building shall be located closer to the rear lot line than three feet if no easement is located along such rear lot line.
F.
All other bulk requirements for that district are complied with.
§ 240-50 Corner lots.
Whenever there are two or more front yards, as defined in this chapter, all other yards shall meet side yard standards.
§ 240-51 Through lots.
In the case of a lot running through from one street to another street or alley, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on the permit application which lot line shall be considered the front line.
§ 240-52 Projections into required yards.
A.
The following projections into required yards are permitted:
(1)
Open fire escapes: four feet into side or rear yards.
(2)
Awnings or movable canopies and overhangs: six feet into any yard.
(3)
Cornices, eaves, insulation walls and roofs and other similar architectural features: three feet into any yard.
(4)
Handicap ramps may extend into any yard to the distance required, so long as such ramp does not extend onto City property or rights-of-way. Further, said ramps shall be removed when no longer needed for residents of a dwelling.
B.
Apparatus needed for the operation of active or passive solar energy systems, including detached solar collectors, reflectors, piping or duct work, and insulation necessary for efficient utilization thereof may be approved within required yard setbacks subject to site plan approval.
C.
Any open or enclosed porch or attached carport or garage shall be considered a part of the building in the determination of the size of the required yard or lot coverage. Nonroofed paved terraces shall not be considered a part of the building.
§ 240-53 Exceptions to front yard requirements.
A.
If there are principal structures on both abutting lots with front yards of less than the required depth for the district, the front yard for the proposed lot need not exceed the average front yard of the abutting structures. If there is a principal structure on the abutting lot with a front yard of less than the required depth for the district, the front yard of the proposed lot need not exceed a depth halfway between the depth of the abutting lot and the required front yard depth.
B.
If there are principal structures on both abutting lots with front yards greater than the required depth for the district, or if there is a principal structure on one abutting lot with a front yard greater than the required depth for the district, the front yard for the lot shall be determined by averages as specified above.
C.
Where the principal structure has an existing setback less than required for the district, such setback shall be the established setback, and any addition or exterior alteration shall not exceed such setback.
§ 240-54 Exceptions to side yard requirements.
A.
Where the side wall of a building is not parallel to the side lot line, or the side lot line is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any one point than 1/2 the otherwise required minimum width.
B.
Where the principal structure has an existing setback less than required for the district, such setback shall be the established setback, and any addition or exterior alteration shall not exceed such setback.
§ 240-55 Side yards for multifamily dwelling units.
Side yards for semidetached, townhouses or multifamily dwelling units, where permitted, shall be required at the ends of the total structure only.
§ 240-56 Exceptions to height regulations.
Projections, such as chimneys, silos, spires, domes, elevator shaft housings, towers, aerials, flagpoles, solar energy collectors and equipment used for the mounting and operation of such collectors, and other similar objects not used for human occupancy, are exempt from the height regulations and shall be subject to site plan approval prior to issuance of a building permit.
§ 240-57 Transition yard requirements.
A.
Where a residential district abuts a nonresidential district on a street line, there shall be provided in the nonresidential district, for a distance of 35 feet from the district boundary line, a front yard at least equal in depth to that required in the residential district.
B.
Where a nonresidential district abuts a side or rear yard in a residential district, there shall be provided in the nonresidential district a side or rear yard at least equal in depth to that required in the residential district.
§ 240-58 Distance between principal buildings on same lot.
No detached principal building shall be closer to any other principal building on the same lot than the average heights of said buildings.