Corning City Zoning Code
ARTICLE IX
Special Regulations
§ 240-59 Driveway standards.
No person, firm or corporation shall construct or locate any curb cut or driveway entrance or exit into a street or alley in the City of Corning without having first met the provisions of this section.
A.
All work and material shall be furnished as required to meet the conditions set by the City Manager and State Highway Department.
B.
No alteration or addition shall be made to any curb cut or driveway without first securing a permit from the Superintendent of Public Works.
C.
No more than two curb cuts and driveways to a single commercial establishment entering on one street shall be permitted.
D.
No more than one curb cut and driveway for a residential property entering from a street shall be permitted. One additional curb cut may be permitted from an alley.
E.
In every case where a new curb cut and driveway are proposed to enter into a front yard, space must exist for passage of the driveway between any structures and/or the side property line to permit parking of vehicles behind the front line of the house.
F.
No parking may occur in residential districts on the front yards of properties, nor within any City right-of-way beyond the paved street, alley or curbline. Parking shall be on a driveway or parking area constructed in accordance with § 240-60G.
G.
The maximum width for a single combined entrance or exit shall be not more than 30 feet for any use other than a single-family- or two-family dwelling. The maximum width for a curb cut for a single-family- or two-family dwelling shall be not more than 20 feet. This width shall be measured at the property line.
H.
As specified by the Superintendent of Public Works, a catch basin at a point near the intersection of the driveway and street may be required.
§ 240-60 Off-street parking.
A.
General requirements.
(1)
It shall be the responsibility of the owner of a property to provide the off-street parking spaces required in the listing below for any use which is erected, enlarged or changed after the effective date of this chapter.
(2)
A parking space shall be a minimum of nine feet by 18 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to street or alley.
(3)
No exit or entrance drive connecting a parking area and a street shall be permitted within 30 feet of the intersection of two public rights-of-way.
(4)
Where appropriate, the Zoning Board of Appeals may, upon the presentation of evidence, vary the number and circumstances of the following parking space requirements in order that the general welfare be served and the prospective uses be equitably treated.
(5)
The lighting of off-street parking lots shall not be directed into adjacent properties.
(6)
If the uses, structures or parcels are under separate ownership, the right to join use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.
(7)
Off-street parking lots in residential areas shall be restricted to passenger vehicles only and the use of the area by trucks, house trailers, buses, and other motorized equipment not of a residential passenger-carrying nature shall be prohibited.
B.
Required off-street parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures, or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1)
Single-family dwelling unit: one space.
(2)
Two-family dwelling unit: two spaces.
(3)
Multifamily dwelling unit: 1 1/2 spaces per each dwelling unit.
(4)
Home occupation: one space for each person or employee engaged in any home occupation.
(5)
Hospitals, supervised care facilities: one space for each employee on major shift, plus 0.25 space per client room or unit.
(6)
Tourist home, bed-and-breakfast, lodging house or boardinghouse: one space for each bedroom within the facility.
(7)
Motels/hotels: one space for each unit, plus one space for every four employees, plus one space per 150 square feet net area of restaurants and assembly rooms.
(8)
Offices; general, professional: one space for each 300 square feet of gross floor area.
(9)
Retail establishments; funeral homes, veterinary hospitals, banks, and related commercial establishments of a personal service: one space for each 300 square feet of gross floor area.
(10)
Convenience store: one space for each 200 square feet of gross floor area.
(11)
Restaurants, churches, temples, auditoriums, theaters and assembly uses: one space for each 100 square feet of customer floor area.
(12)
Conference/convention centers, commercial recreation, private membership clubs: one space for every 150 square feet of public assembly space.
(13)
Day-care center: one space per employee, plus two additional spaces per classroom.
(14)
Day-care residence: one space per employee, plus one additional space per classroom.
(15)
Schools and colleges: five spaces for each classroom.
(16)
Automotive use: two spaces for each service bay.
(17)
Industrial uses.
(a)
One space for each 800 square feet of floor area devoted to manufacture, including printing, publishing and laundry or dry-cleaning plants.
(b)
One space for each 1,500 square feet of floor area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d)
For any industrial use, one space for each company vehicle.
C.
Calculation of required spaces. In the case of combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
D.
Dimensions for off-street automobile parking spaces and lots. Every such space provided shall be at least nine feet wide and 18 feet long, and every space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:
(1)
Parallel club parking: five feet end to end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(2)
Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(4)
Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(5)
Perpendicular parking: twenty-four-foot aisle width for one-directional and two-directional flow.
E.
Location of required parking spaces.
(1)
Residential districts:
(a)
Required automobile parking spaces shall be provided on the same lot. This space shall be graded for parking use and readily accessible from the street.
(b)
Open parking areas may encroach on any required side or rear yard to within three feet of a property line; except that in the Residential Transition District, required parking spaces may, upon approval of the Planning Commission, extend to the side and/or rear lot lines.
F.
Off-street parking waiver. Off-street parking requirements may be waived in whole or in part upon finding by the Planning Commission that:
G.
Construction of parking areas. All off-street parking areas shall be paved with a suitable all-weather, dust-free surface. With the exception of single-family residences, the individual spaces shall be visibly marked with paint or other durable material.
H.
Landscaping. At least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot of more than 20 acres, shall be screened adequately, as set forth in § 240-101, from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
§ 240-61 Accessory buildings and uses.
A.
Accessory buildings. Accessory buildings not attached to principal buildings shall comply with the following:
(1)
Accessory buildings shall only be located on the same lot as the principal use stated in the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2)
Accessory buildings shall only be located in a rear or side yard in compliance with the following schedule:
(c)
Where any C, CL, BD or I District abuts an existing residential use and/or a residential district, any accessory building shall be located a minimum of 1/2 the distance specified in the Density Control Schedule for principal structures.
(3)
Accessory buildings shall be located no closer to any other building than 10 feet or a distance equal to the height of each accessory building, whichever is greater.
B.
Accessory structures and uses. In a residential district, accessory structures and uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the principal structure, shall not be located in front yard on such lot, and shall be located not less than six feet from any lot line and shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety.
(1)
A swimming pool or the lot or any part thereof within which a pool is located shall be completely enclosed by a chain link fence, or a type of fence that offers the same degree of security against accidental or unauthorized entry. Such fence shall be four feet to six feet in height, and all entrance gates thereof shall be self-enclosing, self-latching and capable of being locked. The fence shall be separate and physically detached from the swimming pool itself and shall be a minimum distance of four feet from the water's edge.
(2)
An above-the-ground pool with no part of its side wall height less than four feet above ground and so constructed by the manufacturer that the vertical sides are smooth, sheer and do not provide any means for intermediate footholds or handholds, and any pool with decking and a ladder that are designed to restrict access, may be exempt from the full provisions of the above fence requirement. However, a full height fence with a self-closing, self-latching gate capable of being locked shall enclose the ladder area not less than four feet in width and four feet in depth, and the ladder shall remain permanently therein. Aboveground pools provided with footholds or handholds (draw-banded) and aboveground pools less than four-foot side wall height above ground are not exempt from the full fencing requirement.
C.
Special designs. In cases where an applicant has designed a grouping of buildings, the Planning Commission may approve the siting of accessory buildings, such as garages and carports, in the front yard, provided that the buildings are in compliance with all required setbacks.
§ 240-62 Fences and walls.
Fences and walls are permitted as follows:
A.
Where the driveway meets the street or alley, a hedge, fence, wall or planting shall not exceed 2 1/2 feet in height to within eight feet of the intersection of the street or alley unless clear vision is provided and maintained for vehicular traffic.
B.
Clear vision areas. In any use, a minimum clear vision area shall be maintained at a distance of 25 feet from the edge of the pavement at intersection. The clear vision area shall contain no plantings, fences, walls, structures or temporary or permanent obstructions exceeding three feet in height as measured from the top of the street pavement. Plantings shall have all branches and foliage removed to a height of eight feet above the finished grade. Fences are permitted up to four feet in height when such fences provide clear vision for vehicular traffic.
C.
Fences, walls, hedges or screen plantings may be required, as specified elsewhere in this chapter for multifamily, commercial or industrial uses, as is necessary to protect the residential quality of adjacent property as specified in § 240-101.
D.
Fence and wall regulations.
(1)
Residential districts: A maximum height of four feet shall be allowed for fences and/or walls in the front yard and six feet in height for side and rear yards. Fences or walls located in a front yard at a street intersection shall be constructed of materials that shall not hinder clear vision in conformance with Subsection B of this section.
(2)
Business and industrial districts: There shall be no restrictions, except that any fence or wall located on a residential lot line or district boundary shall be limited to six feet in height at the property line.
(3)
All such fences shall be constructed such that the finished side faces the adjoining property or street.
(4)
Height of fences shall be measured from the average grade of the ground to account for topography.
§ 240-63 Home occupations.
A home occupation, as defined in this chapter, may be permitted subject to site plan approval by the Planning Commission, provided that such use is not specifically prohibited. Such use shall conform to the following standards which shall be minimum requirements:
A.
Shall be the owner and full-time resident of the property.
B.
No more than 25% of the total floor area of a dwelling unit or 500 square feet, whichever is the lesser, may be used for such use.
C.
The use shall be carried on wholly within the enclosed walls of the dwelling unit or an accessory building. No activities associated with the home occupation shall be conducted outside the structure.
D.
There shall be no change in the outside appearance of the house or premises; nor shall there be any evidence of the conduct of the home occupation visible from the street or adjacent properties, except for one sign not exceeding two square feet in area mounted flush with and on the front facade of the dwelling unit. No separate entrance shall be added to the residence for the home occupation.
E.
There shall be no storage, stock, merchandise, products, equipment, displays or other materials associated with the home occupation of any kind visible outside the dwelling unit or accessory building.
F.
No external structural alterations which are not customary to a residential building shall be allowed.
G.
The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood. No traffic shall be generated in greater volume than would normally be expected in the neighborhood.
H.
There shall be no interruption, congestion or change to the character of the neighborhood in terms of appearance, noise, traffic, vehicular parking and employee/customer congregation resulting from the operation of the home occupation.
I.
No equipment or process shall be used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or on adjacent property.
J.
A use that involves primarily catalog sales/order processing, and which does not involve volumes of stock or merchandise being distributed at the site, may not be deemed a home occupation subject to the provisions, provided that such use meets the intent of all standards set forth herein.
K.
Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use.
L.
The hours of operation shall not create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
M.
There shall be no employees on or at the property of the home occupation.
N.
The following uses and other uses similar in character may be considered a home occupation:
(1)
Personal services within the primary structure only, such as tailor, seamstress, dressmaker, barbershop, beauty salon, hairdresser or massage therapist.
(2)
Personal services within the primary structure only, such as music lessons limited to two students at any time.
(3)
Personal services within the primary structure or accessory structure, such as craft making, chainsaw sharpening or furniture repair.
(4)
Office of a profession within the primary structure only, such as architect, engineer, attorney or accountant.
(5)
Construction/contracting offices only, within the primary structure only and no equipment on the property.
O.
The following uses, and other uses similar in character, shall not be considered a home occupation, and shall be deemed a commercial use:
(1)
Vehicle engine repair or vehicle body work.
(2)
Any use associated with the repair or servicing of internal combustion engines.
(3)
Veterinary hospital; kennel.
(4)
Bar and restaurant.
(5)
Tattoo parlors, including permanent make-up.
(6)
Tow truck service, including parking of tow trucks on the premises.
(7)
Junkyards, scrap yard, automobile storage or salvage yards.
(8)
Used or new motor vehicle sales.
(9)
Adult use or sexually oriented businesses.
(10)
Manufacturing or processing.
(11)
Real estate offices.
(12)
Other activities and land uses which the Code Enforcement Officer determines to be substantially similar in character, nature, intensity or impact to the activities listed above, or the Code Enforcement Officer determines to be a commercial use.
P.
Such uses shall also be subject to any other conditions the Planning Commission deems necessary to meet the intent of these requirements.
§ 240-64 Townhouse and multifamily developments.
All townhouse and multifamily developments, as permitted in § 240-43 and Article V of this chapter, shall, in addition to the requirements set forth in said section and article, conform to the following standards. These standards shall be regarded as minimum requirements:
A.
B.
Minimum unit size of multifamily dwelling units:
Type of Dwelling Unit | Minimum Unit Size (square feet) |
|---|---|
Efficiency | 370 |
One-bedroom | 450 |
Two-bedroom | 530 |
Three-bedroom1 | 610 |
NOTES: | |
1 | An additional 80 square feet for each bedroom shall be added for larger apartment sizes. |
§ 240-65 Gasoline stations, service and repair garages and automobile sales areas.
Where permitted, a gasoline station, service and repair garage and automobile sales areas shall conform to the following standards which shall be regarded as minimum requirements:
A.
B.
At least one lot frontage and width shall be a minimum of 100 feet.
C.
Fuel pumps and other service devices shall be located at least 35 feet from any lot line. This distance shall be measured from the outside edge of the fuel island.
D.
All automobile parts, including tires and dismantled vehicles, are to be stored within a building. Old tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind a six-foot-high fence, wall or natural screen in conformance with § 240-101.
E.
Accessory goods for sale may be displayed on the pump island and the building island only, if provided for in a suitable stand or rack.
F.
All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection may be stored for a period not to exceed 30 days and must be stored in the rear of the premises and screened to the greatest extent possible.
G.
Parking.
(1)
No vehicle shall be parked, stored or left standing within 15 feet of the street line and/or fuel pump islands.
(2)
Parking requirements shall be in conformance with § 240-60. Such parking areas shall not conflict with the traffic pattern established for the use of the fuel pumps. Additional parking area may be required by the Planning Commission to accommodate tractor-trailer delivery.
(3)
Where parking areas abut a residential use, they shall be screened by a buffer area no less than 10 feet in depth composed of densely planted plant material, solid fencing or a combination of both which, in the opinion of the Planning Commission, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery or fences becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer may direct the property owner to replace said shrubs.
H.
All storage and display areas shall be provided with a hard, dust-free surface, shall be adequately drained, and, if lighted, shall produce no glare on adjacent properties.
I.
A maximum of two driveways and curb cuts shall be permitted per street frontage. These shall be no less than 20 feet and no wider than 30 feet and shall be located a minimum of 30 feet from any street intersection, and a minimum distance of 30 feet shall be maintained between such driveways and curb cuts.
§ 240-66 Fast-food restaurants.
Where permitted, fast-food restaurants meeting the definition of this chapter shall conform to the following standards, which shall be regarded as minimum requirements:
A.
Minimum lot size shall be 10,000 square feet.
B.
At least one lot frontage shall be a minimum of 100 feet.
C.
Access.
(1)
A maximum of two driveways and curb cuts shall be permitted on each street frontage.
(2)
All drives shall be no less than 20 feet and no wider than 30 feet in width.
(3)
Drives shall be located a minimum of 30 feet from any street intersection and shall maintain a minimum of 30 feet between such driveways or curb cuts.
(4)
Driveways shall create minimal conflict with pedestrian access to the building from the parking lots and sidewalk abutting the property.
§ 240-67 Drive-in use regulations.
Where permitted, either as accessory to other permitted uses or as principal use, these facilities as defined in this chapter shall conform to the following standards, which shall be regarded as minimum requirements:
A.
All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes.
B.
Lanes shall not cross any principal pedestrian access to the building or site.
C.
Stacking or queuing-up requirements.
(1)
Fast-food restaurants: a minimum of 140 feet between start of lane to service window; a minimum of 80 feet from start of lane to order station; a minimum of 60 feet from order station to service window.
(2)
Banks and other businesses not using order station: minimum of 100 feet from start of lane to service window.
(3)
Multiple drive-through lanes. The Planning Commission may allow reductions for businesses with multiple drive-through lanes based on review of proposed traffic circulation and usage.
(4)
All uses shall maintain a minimum distance of 20 feet from the service window to the public right-of-way or interior parking aisles.
§ 240-68 Industrial district regulations.
A.
Design standards.
(1)
General standards. The following general standards are hereby adopted for the control of any industrial use. No such use shall be permitted, established, maintained or conducted therein which shall cause or be likely to cause:
(a)
Excessive smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. What smoke is excessive shall be determined according to the Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(b)
Noise levels greater than 55 dba measured at the boundaries of the lot occupied by such use causing the same.
(c)
Any pollution by discharge of any effluent whatsoever into any watercourse, open ditch or land surface.
(d)
Discharge of any effluent whatsoever into any sanitary sewer system except only in accordance with the rules of, and under the control of, public health authorities or the public body controlling such sewer system. Any chemical or industrial waste which places undue loads, as determined by the City Superintendent of Public Works, shall not be discharged into any municipal system and must be treated by the industrial use.
(e)
Open storage or stocking of any nonhazardous or hazardous waste materials whatsoever.
(f)
Glare, objectionable high light levels or vibration perceptible beyond the lot lines whereon such use is conducted.
(g)
Hazard to person or property by reason of fire, explosion, radiation or other cause.
(h)
Any other nuisance harmful to person or property.
(2)
Specific standards. The following specific standards are hereby adopted and must be complied with for any use in any industrial district and before the same be permitted, established, maintained or conducted:
(a)
Storage facilities. Materials, supplies or semifinished products shall not be stored in a front yard, and such facilities located in the side or rear yard shall be screened in conformance with § 240-101.
(b)
Loading docks. No loading docks shall be on any street frontage. Provision for handling of all freight shall either be on those sides of any building which do not face on any street or proposed streets or be suitably screened therefrom.
(c)
Buffer and landscaping:
[1]
Buffer from residential use. In addition to the fences, walls and hedges, all principal buildings shall be set back from any lot lines abutting residential use a minimum distance equal to twice the required yard depth. Such buffer shall be landscaped in accordance with § 240-101.
[2]
Landscaping. All areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain, as well as the situation of the lands and premises themselves, and with regard to adjoining lands and premises, and shall be provided in conformance with § 240-101.
[3]
Fences and walls. Property that is adjacent to a business use shall be provided, along such property lines, with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen in conformance with § 240-101. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened in conformance with § 240-101.
(f)
Utilities. All water and sewer facilities shall be designed and installed according to City standards and be approved by the Department of Public Works as per § 240-101A.
(g)
Access. Special consideration shall be given to access to and from public streets and traffic volumes generated by the proposed use. Access shall not be allowed from privately owned streets unless a variance is approved by the Zoning Board of Appeals. A projection of expected vehicular use of neighborhood streets, including estimates of traffic volumes, shall be submitted. No access drive for any industrial use shall be within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station, unless such a street shall be 50 feet or more in width between such access drive and such building or use.
§ 240-69 Antennas.
With the exception of satellite television antenna, not exceeding three feet in diameter, no antenna of any kind may be erected or established in the City except in conformance with the standards in this section and § 240-43, Compliance with use regulations; Use Regulation Table.
A.
B.
General provisions.
(1)
For all uses, antennas shall be located, designed and screened to reduce visual impacts from surrounding properties at street level and from public streets.
(2)
Not more than one antenna shall be allowed on any residential lot less than 10,000 square feet in size.
(3)
All antennas, and the construction and installation thereof, shall conform to applicable building and electrical code regulations and requirements.
(4)
Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection against a direct strike by lightning.
§ 240-70 Adult bookstores, theaters and similar use regulations.
A.
Intent. This section is intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operations characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
B.
Regulated uses; restrictions.
(2)
Adult uses shall be permitted, subject to the following restrictions:
(a)
No such adult use shall be located in any zoning district except CL and shall be subject to site plan approval by the Planning Commission.
(b)
No such adult uses shall be allowed within 500 feet of another existing adult use.
(c)
No such adult use shall be located within 500 feet of any zoning district which is zoned for residential use.
(d)
No such adult use shall be located within 500 feet of a preexisting school or place of worship.
C.
Standards governing adult uses. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to sexual activities or anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
§ 240-71 Manufactured homes and travel trailers.
A.
Manufactured homes are only permitted to be placed in a mobile home park in accordance with the Use Regulation Table.[1] The manufactured home shall be a minimum 10 body feet or more in width by 60 body feet or more in length. Only manufactured homes that are 10 years old or less shall be permitted.
[1]
Editor's Note: The Use Regulation Table is included at the end of this chapter.
B.
Travel trailers are not permitted to be used as a permanent dwelling unit or be connected to permanent power, sanitary facilities or other utilities unless located in a mobile home park.