Hornell City Zoning Code
ARTICLE IV
Business District Regulations
§ 315-15 Purpose.
Business districts and their regulations are established herein in order to achieve, among others, the following purposes:
A.
To provide, in appropriate and convenient locations, zoning districts of sufficient size for the exchange of goods and services and other business activities.
B.
To provide B-1 Local Business Districts that do not attract a large volume of traffic to serve the needs for convenience goods and services in the immediate neighborhood.
C.
To provide B-2 General Business Districts which do require larger land areas, which may be open in evenings and which generate large volumes of traffic serving the needs for both shopping and convenience goods and services of the entire community and region.
D.
To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at common boundaries, which would create hazards, noise, odors and the other objectionable influences.
E.
To promote the most desirable land use and traffic patterns in accordance with the goals and the objectives of this chapter.
§ 315-16 Exception to applicability.
The ten-foot front yard building restriction shall not apply in the business area on the arterial route (Maple City Drive), Broadway and Main Street on both sides of the street from Center Street to West Street.
§ 315-17 Designation of business districts; permitted uses.
A.
B-1 Local Business District. Building and land in B-1 Local Business Districts shall be used and buildings shall be created, altered and moved only for the uses set forth as permitted in the following regulations:
(1)
Principal buildings and uses. Principal buildings and uses shall be as follows:
(a)
Residential uses permitted and as regulated in the nearest adjacent residential district to the lot or parcel under consideration, amusement center, art gallery, bank/financial institution, bed-and-breakfast, car wash, church, medical clinic, commercial uses including commercial recreation, cultural facilities, drive-in uses, funeral homes, service station, convenience store, government use, hotel, motel, inn, motor court, library, day-care home or center, nursing home, office, parking garage or lot, education, professional service, repair shop, restaurant, retail store, laundromat and tattoo parlors and tattooing.
[Amended 12-18-2023]
(b)
If allowed, residential and professional service uses are preferably located above the first story of any multistory building and may be located in the first story of a multistory building only upon demonstration that no site or building within the district has suitable and available space for such use.
(2)
Permitted accessory uses.
(a)
Any accessory use, such as sales in open yards and the storage of goods or processing operations, which is clearly incidental to conducting a retail business, office or service establishment which is a permitted main use in a B-1 Local Business District shall be permitted, provided that such use has no injurious effect on adjoining zoning lots.
(b)
Off-street parking and loading facilities and signs shall be provided in accordance with the off-street parking and loading and sign regulation of this chapter.
(c)
Signs and fences consistent with the supplemental regulations of this code.
B.
B-2 General Business District. Buildings and land in B-2 General Business Districts shall be erected, altered and moved only for the uses set forth as permitted in the following regulations:
(1)
Principal main buildings and uses. Principal uses shall be as follows: buildings and uses permitted as regulated in any B-1 Local Business District, animal hospital, bar/nightclub not including adult entertainment, bus station, club, greenhouses, motor vehicle sales, storage garage, theater, warehousing and wholesale centers.
(2)
Permitted accessory uses.
(a)
Any accessory use, such as sales in open yards and the storage of goods or processing operations, which is clearly incidental to conducting a retail business, office or service establishment which is a permitted main use in a B-2 General Business District shall be permitted, provided that such accessory use has no injurious effect on the adjoining zoning lots.
(b)
Off-street parking and loading facilities shall be provided in accordance with the off-street parking and loading regulations of this chapter.
(c)
Signs and fences consistent with the supplemental regulations of this code.
§ 315-18 Area yard and height regulations.
Buildings and land in business districts shall be used, and buildings shall be erected, altered and moved only in accordance with the following schedule and regulations.[1]
A.
Front yards. The front yard depth or setback for buildings and uses shall not be less than as set forth in Schedule II of this chapter.[2] Whenever off-street parking areas are proposed in front yards, a front yard depth greater than as showing in Schedule II may be required. If off-street parking or sales in open yards are located in front yards, a concrete curb or precast barrier shall be erected along the off-street parking or sales area no closer than five feet to the public right-of-way. The area between said curb or barrier and the right-of-way line shall be landscaped and maintained attractively. If permitted under a special permit as provided for in this chapter, gasoline pumps may be erected in front of the established building line, but not less than 10 feet from any public right-of-way line.
[2]
Editor's Note: See Schedule II, Business Districts Yard Requirements, at the end of this chapter.
B.
Side yards. Whenever a business building is located adjacent to another business building having one or more party walls and a common roof with one or more similar buildings but individually owned, there shall either be no side yards provided or the buildings shall be separated not less than six feet from the nearest business building.
C.
Screening and landscaping. Wherever a building is located on a zoning lot which adjoins a residential district, side and rear yards not less than as set forth in Schedule II of this chapter[3] shall be provided and maintained. A wall or fence located not less than five feet from the business district boundary line may be required to shield adjacent residential areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust and to reduce the visual encroachment of business buildings, uses, signs and activity. The area between said wall or fence and the zoning lot line shall be treated with plantings to form a permanent landscaped area.
[3]
Editor's Note: See Schedule II, Business Districts Yard Requirements, at the end of this chapter.
D.
Land coverage. The land area occupied by main and accessory buildings shall not exceed 40% of the total area of a zoning lot in any business district; provided, however, that in a B-2 General Business District, such percentage of land coverage may be increased if the Board finds that the required number of accessory off-street parking spaces set forth in the parking regulations of this chapter are available on an adjacent parcel within a walking distance of 200 feet of the zoning lot being developed. Whenever required accessory off-street parking facilities are proposed to be located on a parcel other than the zoning lot being developed, the Board shall require a copy of the agreements covering such an arrangement.
E.
Height regulations. The height of any main or accessory building in a B-1 Local Business District shall not exceed 35 feet. The height of any main or accessory building in a B-2 General Business District shall not exceed 50 feet.
[1]
Editor's Note: See Schedule II, Business Districts Yard Requirements, at the end of this chapter.
§ 315-19 Off-street parking and loading.
Off-street parking and loading facilities in any business district shall be provided in accordance with the off-street parking and loading regulations set forth in this chapter, as follows:
A.
Off-street parking. Unless otherwise specified in this chapter, surfaced off-street automobile parking spaces shall be provided on the same zoning lot on which any of the following uses are established. Such parking spaces shall be with vehicular access to a street. For the purposes of computing off-street parking area required, a ratio of 162 square feet per parking space shall be used. The number of parking spaces required may be altered by the Common Council on a case-by-case basis if evidence from a qualified professional demonstrates an adequate alternative for parking provision. The number of off-street parking spaces required shall be as follows:
Use | Parking Spaces Required | |
|---|---|---|
Automobile or machinery sales and service garages, repair shops | 1 for each 600 square feet of floor area | |
Banks, financial institutions, professional services, and offices/other business uses not mentioned | 1 for each 400 square feet of floor area | |
Bowling alleys | 7 for each alley | |
Churches and educational uses | 1 for each 5 seats in an auditorium or 1 for each 12 classroom seats, whichever is greater | |
Commercial recreation, auditoriums, theaters and assembly halls other than education | 1 for each 100 square feet of floor area used or 1 for each 4 seats, whichever is greater | |
Dwellings | 2 for each family or dwelling unit | |
Funeral homes and mortuaries | 4 for each parlor or each 50 square feet of floor area | |
Hospitals | 1 for every 3 employees, plus 1 for every bed | |
Hotels, motels, inn, motor courts and lodging houses | 1 for each bedroom, plus additional spaces for accessory uses and assembly or meeting space consistent with off-street parking requirements for similar principal uses | |
Industrial uses and research laboratories | 1 for every employee during largest shift, plus 1 per every company vehicle left on premises | |
Libraries, museums, galleries and cultural uses | 1 for each 250 square feet of floor area | |
Medical or dental clinics | 1 for each 200 square feet of floor area | |
Motels or motor hotels | 1 for each living or sleeping unit | |
Restaurants, bars and nightclubs | 1 for each 200 square feet of floor area or 1 for every 4 seats of occupancy | |
Retail store, laundromat | 1 for each 250 square feet of floor area | |
Sanitariums, convalescent homes and children's homes | 1 for each 2 beds | |
Wholesale establishments and warehouses | 1 for each 3 employees on the maximum shift or for each 3,000 square feet of floor area, whichever is greater |
B.
Dimensions for off-street parking. Every parking 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 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 or two-directional flow.
C.
Development and maintenance of parking areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed and maintained in accordance with the following requirements:
(1)
Screening and landscaping. Off-street parking area for more than five vehicles shall be effectively screened on each side which adjoins premises situated in a residential district be a masonry wall or solid fence of acceptable design. The wall or fence shall be between four and six feet in height and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land less than five feet in width planted with an evergreen hedge or a dense planting of evergreen shrubs not less than four feet in height.
(2)
Surfacing. Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced with a durable hard surface, such concrete or asphaltic concrete.
D.
Off-street loading. In any district, in connection with every building or part thereof erected and having a gross floor area of 5,000 square feet or more which is to be occupied by manufacturing or storage, or a warehouse, goods display, retail store, wholesale store or market, hotel, hospital, mortuary or laundry dry-cleaning or other use similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same zoning lot as the main building at least one off-street loading space, plus one additional such loading space for each 10,000 square feet or major fraction thereof of gross floor area so used in excess of 10,000 square feet. Each loading space shall comply to the following requirements:
(1)
Each loading space shall be not less than 10 feet in width and 25 feet in length.
(2)
Subject to the limitations of this chapter, a loading space may be located in a required side or rear yard. However, no loading space shall be located in any part of any front yard.
(3)
No loading space shall be closer than 30 feet to any residential district, unless wholly within a completely enclosed building or enclosed on all sides by a solid wall or fence between four and six feet in height.