A.
The following rules of construction of language shall apply to the
text of this chapter:
(1)
Words used in the present tense include the future tense.
(2)
Words used in the singular include the plural, and words used in
the plural include the singular.
(3)
Words used in the masculine form shall also include the feminine.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The word "person" includes an individual, firm or corporation.
(6)
The word "shall" is always mandatory; the word "may" is always permissive.
(7)
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(8)
A "building" or "structure" includes any part thereof.
(9)
The phrases "to erect," "to construct" and "to build" a building
each have the same meaning and includes to excavate for a building
and to relocate a building by moving it from one location to another.
(10)
Terms defined in other codes. Where terms are not defined in
this code and are defined in the New York State Uniform Fire Prevention
and Building Codes, such terms shall have the meanings ascribed to
them as in those codes.
(11)
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
B.
This chapter shall be interpreted in such a way wherever possible
so that the meaning of the words and phrases and sections herein shall
make them valid and legal in their effect.
C.
This chapter is not intended to abrogate or annul any easement, covenant
or any other private agreement. Such private agreements shall not
allow what the chapter prohibits.
D.
Whenever the requirements of this chapter are at variance with the
requirements of other lawfully adopted rules, regulations or ordinances,
the ordinance or law with the most restrictive provisions or those
imposing the higher standards shall govern.
The following words or phrases as used in this chapter are defined
as follows:
A structure subordinate to a principal structure on the same
lot which is not habitable and used for purposes customarily incidental
to those of the principal structure. Accessory structures include
but are not limited to portable, demountable or permanent enclosures,
shade structures, carports, garages and storage sheds.
A use customarily incidental and subordinate to the principal
use or occupancy of a building and located on the same lot with such
principal use or building.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on premises, by use of motion-picture devices or any other coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
activities or anatomical areas; or an establishment with a segment
or section devoted to the sale or display of such material.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers.
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
A narrow supplementary thoroughfare for the public use of
vehicles affording access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts or in exit facilities of such building or
structure, or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
A continuous commercial use in which six or more mechanical,
electrical or electronic machines or devices are used or designed
to be operated for entertainment or as a game and either activated
by the insertion of a coin, token, etc., or for their operation or
use of which a charge is made.
Approved by the enforcement officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
A business establishment licensed by the State of New York
to serve alcoholic beverages and which establishment is designed primarily
for the consumption of such alcoholic beverages on the premises, irrespective
of whether or not food and/or entertainment are also provided as accessory
uses.
Any space of a building which is partly below finished grade,
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade. See "cellar."
A building containing a single dwelling unit in which one,
but not more than four, sleeping rooms are provided by the owner/occupant
for compensation, for the accommodation of transient guests with or
without meals.
A building arranged or used for housing boarders for compensation
and not occupied as a single-family dwelling in which the occupants
are provided sleeping accommodations with or without meals. The individual
rooms used do not contain all of the permanent living provisions of
a dwelling unit (e.g., permanent cooking facilities).
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier, the
land shall be covered with natural plantings or man-made material
to provide a continuous physical screen preventing visual access and
reducing noise.
Any structure which is wholly or partially enclosed within
exterior walls, is permanently affixed to the land, has one or more
floors and a roof and is intended for the shelter, housing or enclosure
of persons, animals or chattel.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a lot in one ownership and having any
yard in common.
The vertical distance measured from the average elevation
of the proposed or existing finished grade at the front of the building
to the highest point of the roof for flat roofs, to the deck of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line extending through the lot at the building surface
which is generally parallel to the property line. In the instance
of a cantilevered section of a building or projected roof or porch,
said line shall coincide with the most projected surface.
A term to describe the size, volume, area and shape of buildings
and structures and the physical relationship of their exterior walls
or their location to lot lines, other buildings and structures or
other walls of the same building; and all open spaces required in
connection with a building, other structure or tract of land.
A building, premises or portions thereof where automobiles
are washed either by the patron or others using machinery and mechanical
devices specifically designed for this purpose.
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. See "basement."
A certificate issued by the Code Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter and such adjustments thereto
granted by the Board of Appeals.
A building or premises used for regular public worship by
members or representatives of a religious sect or organization as
defined by state statute.
An organization catering exclusively to members and their
guests, or premises and buildings for social, recreational or athletic
purposes, provided that there are not conducted any vending stands,
merchandising or commercial activities, except as required generally
for the membership and purposes of such club.
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain.
A tract of land under the control of the applicant or his/her
agent that is not divided by any natural or man-made barriers, such
as existing streets and highways or public rights-of-way identified
on the Official Map, and is not bisected by water bodies.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles,
or parts thereof, which are in active use by a construction contractor.
An establishment used for the purposes of preserving, exhibiting,
demonstrating or interpreting art, history, culture, nature, or scientific
objects and ideas. Cultural facilities may include but are not limited
to museums, tourist attractions, and libraries.
An opening or recessed area in the continuous line of a street
curb designed to permit the passage of vehicular traffic onto premises
by use of a driveway.
A place which is licensed by the appropriate department of
New York State to provide care for children for less than 24 hours
in a building or facility other than in the provider's own home. Facilities
that provide care for 24 hours or more shall be classified as "supervised
care facilities."
A place which is licensed by the appropriate department of
New York State to provide care for children for less than 24 hours
in the provider's own home. The term is not intended to include baby-sitting
services of a casual, nonrecurring nature or in the child's own home.
Facilities that provide care for 24 hours or more shall be classified
as "supervised care facilities."
That portion of the City within which specific uses are permitted according to the designation applied thereto in Article IV and in conformity with the provisions of this chapter.
Any commercial or business activity which incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive- through or carry-out service.
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include motel, hotel, lodging house
or boardinghouse or other accommodations used for more or less transient
occupancy.
A building containing one dwelling unit only. This term shall
not be deemed to include motel, hotel, lodging house or boardinghouse
or other accommodations used for more or less transient occupancy.
A building containing two dwelling units. This term shall
not be deemed to include motel, hotel, lodging house or boardinghouse
or other accommodations used for more or less transient occupancy.
A dwelling unit constructed off site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a foundation to become a fixed part of the real estate. Such dwelling
unit shall bear an insignia of approval issued by the State of New
York.
A family consists of one person, or two or more persons related
by blood, marriage or adoption; or not more than five persons not
related by blood, marriage or adoption, and in addition any domestic
servants, who live together in a single dwelling unit and maintain
a common household.
An artificially constructed barrier of wood, masonry, stone,
wire metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade in computing height of buildings and other structures, or for
other purposes, shall be the average elevation of all finished grade
elevations around the periphery of the building.
The aggregate sum of the gross horizontal area of the several
floors of the building or buildings, measured from the exterior walls
or from the center lines of walls separating the buildings. In particular,
the floor area of a building or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment with structural headroom
of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of seven feet six inches or more for
at least 50% of the area.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking.
However, the floor area of a building shall not include:
Cellar space, except that cellar space used for retailing shall
be included for the purposes of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
Floor space used for mechanical equipment, with structural headroom
of less than seven feet six inches.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches for
50% of the area.
Uncovered steps; exterior fire escapes.
Terraces, breezeways, open porches and outside balconies and
open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
A building or premises used for the repair of motor vehicles,
including painting and the sale of related parts and accessories.
A junkyard or auto salvage yard is not to be construed as a garage.
An area of land, including structures thereon, or any building
or part thereof that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, which may include as accessory
uses sale of motor vehicle accessories and/or used vehicles, and which
may or may not include facilities for lubricating, washing which does
not require mechanical equipment or otherwise servicing motor vehicles,
but not including auto body work, welding or painting.
A commercial retail use which combines the sale of motor
vehicle fuel and accessory substances, as well as the sale of beverages,
dairy and baked goods, snack foods and similar grocery stuffs.
A nonretail service-oriented office or agency, such as insurance
brokers, travel agents, computer programming, consulting organizations,
etc.
An accessory use which is clearly incidental to or secondary
to the residential use of a single-family or two-family dwelling and
does not change the character thereof and is carried on wholly within
the enclosed walls of a dwelling unit or accessory building by the
proprietor of such use for commercial activities.
An institution for the care and treatment of sick and injured,
equipped with technical facilities, medical, nursing and other professional
and technical personnel necessary for diagnosis and treatment of persons
suffering from sickness or injury which requires bed care. Source:
Public Health Law § 206-a.
A building, or any part thereof, which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may or may not include dining facilities.
This term shall not be deemed to include a bed-and-breakfast, boardinghouse
or other such accommodations.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
An area of land with or without buildings used for or occupied
by the storage, keeping, abandonment or the salvage of junk material,
including processing such as sorting, baling, packing, disassembly,
exchange and/or purchase and sale of materials, and including scrap
metals or other scrap, used or salvaged building materials, or the
dismantling, demolition or abandonment of automobiles or other vehicles,
machinery or parts thereof. A lot on which is stored or abandoned
any motor vehicle that is not licensed and/or incapable of meeting
minimum New York State motor vehicle inspection standards.
Any place at which there are kept four or more domestic animals
more than four months of age or any number of dogs that are kept for
the primarily commercial purposes of sale or for the boarding, care
or breeding for which a fee is charged or paid.
A single-family dwelling where one or more occupants are
primarily permanent in nature and rent is paid for guest rooms.
A contiguous parcel of land, considered as a unit, devoted
to a specific use or occupied by a building or a group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same and which abuts
and is accessible from a private or public street.
The total area within the lot boundary lines, excluding any
area included in a public street right-of-way.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
A lot line which is coincident with the right-of-way line
of a public road.
The lines bounding a lot as defined herein.
The width of a lot measured along the rear line of the required
front yard.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle or intersection
does not exceed 135°.
The mean distance from the front street line of a lot to
its rear line.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
A dwelling unit bearing a seal issued by the Federal Department
of Housing and Urban Development that is manufactured as a relocatable
living unit, which is designed to be transported on a permanent chassis
and to be installed on a site with or without a permanent foundation
when connected to utilities. This does not include Department of Motor
Vehicles registered recreation vehicles or travel trailers, provided
that they are not used as a permanent dwelling unit. This does not
include dwelling units that are prebuilt in one or more parts and
transported to and assembled on a permanent foundation.
A place where medical or dental care is furnished to persons
on an outpatient basis by five or more physicians who have common
offices in a building which shall also offer laboratory and diagnostic
facilities to patients on an outpatient basis and not just in conjunction
with normal professional services.
The same meaning as "manufactured home."
A contiguous parcel of land divided into two or more lots,
for sale or lease on which mobile homes are or will be placed for
nontransient use.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space, and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes, but is not limited to, every type of similar establishment
known variously as an auto court, motor hotel, motor court, motor
inn, motor lodge, tourist court, tourist cabin or roadside hotel.
A contiguous parcel of land containing multiple separate
housing units for residential inhabitants contained within several
buildings within one complex or parcel of land.
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendment thereto.
Any use of a building, other structure or tract of land which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendment thereto.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the purpose of
combustion of fuel to produce heat or energy which may or may not
be used as a component of a heating system providing heat for any
interior space.
Any tract of privately owned land which is used for the storage
of motor vehicles and is not accessory to any other use on the same
or any other lot and contains parking spaces rented to the general
public or reserved for a group of individuals by the hour, day, week,
month or year.
Any tract of privately owned land which is used for the storage
of motor vehicles, and is accessory to a use on another parcel or
lot, and contains parking spaces reserved or leased in some manner
for that principal use only, not the general public.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
Any privately owned structures in which motor vehicles may
be parked or stored that is not accessory to any other use on the
same lot and contains parking spaces rented to the general public
or reserved for a group of individuals by the hour, day, week, month
or year.
A commercial operation, office, store or other place of business
catering to the personal needs of a customer, such as normally conducted
by a beautician, tailor or dressmaker.
A form of development characterized by a unified site design, providing density increases, a mix of building types and common open space as set forth in Article V.
A lot together with all the buildings and uses thereon.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
An office principally occupied by a licensed professional,
such as a physician, dentist, lawyer, engineer, architect, accountant,
insurance or real estate agent, or similar occupation.
Recreation facilities operated as a nonprofit enterprise
by the City of Corning, or any other governmental entity or any nonprofit
organization, and open to the general public.
A device for which the sole purpose is to increase the solar
radiation received by the solar collector.
A building, or any part of a building, which contains dwelling
units for permanent occupancy. Residence, therefore, includes all
one-family and multifamily, boarding, fraternity and sorority houses.
However, residences shall not include the following:
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building.
Any establishment, however designated, whose primary use
is preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises. However, a snack bar
or refreshment stand at a public or quasi-public community swimming
pool, playground, playfield or park operated by the agency or group
or an approved vendor operating the recreational facilities and for
the convenience of the patrons of the facility shall not be deemed
to be a restaurant.
Business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public.
The property under public ownership or easement normally
used for movement of vehicles and/or persons, including but not restricted
to any pavement area.
An antenna the purpose of which is to receive television
and/or radio signals from orbiting satellites.
The required distance in feet from:
Any structure, or part thereof, or any device attached to
a structure or painted or represented on a structure which shall display
or include any lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking or representation used as, or which
is in the nature of, an announcement, direction or advertisement.
A sign includes a billboard, but does not include the flag or insignia
of any nation or of any governmental agency or of any political, educational,
charitable, philanthropic, civic, professional, religious or similar
organization, campaign, drive, movement or event which is temporary
in nature.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership, or by a lease having a
term of not less than 10 years, regardless of any division of such
land into parcels for the purpose of financing.
A device, or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy and that contributes to a structure's
energy supply, and components for containing and supporting such device.
A solar collector, as defined herein, physically detached
from the structure for which solar energy is to be supplied.
A complete design or assembly consisting of a solar energy
collector (herein called "solar collector"), an energy storage facility
(where used) and components for the distribution of transformed energy
(to the extent that they cannot be used jointly with a conventional
energy system). Passive solar energy systems are included in this
definition, but not to the extent that they fulfill other functions,
such as structural and recreational.
The part of a building comprised between a floor and the
floor or roof next above it. A basement shall be considered a story.
A cellar shall not be considered a story.
An existing public or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on the Official Map and recorded in the office
of the County Clerk. See "alley."
Those streets which are parallel to and adjacent to arterial
streets and highways, and which provide access to abutting properties
and protection from through traffic.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic areas.
A drive that services or is designed to serve no more than
two principal uses, and is built to City specifications, that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the City.
A road or street that serves three or more principal uses,
that is built to City specifications and is dedicated to the City
for maintenance.
A static construction of building materials, framed of component
structural parts for occupancy or use, including buildings, stadiums,
platforms, towers, sheds, display stands, storage bins, signs, fences,
reviewing stands, gasoline pumps, mobile dwellings and the like.
Buildings, structures or portions thereof where occupants
are in a supervised environment and/or receive custodial care, such
as drug and alcohol treatment facilities, adult care facilities, assisted
living facilities, congregate care facilities, group homes, halfway
houses, senior day programs, social adult day services, and social
rehabilitation facilities. This term shall also include day-care facilities
that provide care for 24 hours or more.
An artificial pool of water having a depth at any point of
more than 30 inches and a surface area of greater than 100 square
feet, designed or intended for the purpose of bathing or swimming
and including all appurtenant equipment.
A swimming pool operated as an accessory use to a residential
dwelling unit or units and located on an individual residential lot
or site.
A public or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
A building consisting of three or more attached single-family
dwelling units each having separate entrances and common vertical
party walls. See "building, semidetached."
A registered vehicle which is used, or designed to be used,
for seasonal and/or temporary living or sleeping purposes and which
is customarily standing on wheels or rigid supports. A recreational
vehicle (RV) is also considered a travel trailer.
A building or part of a building or premises for the storage
and/or transfer of goods, wares and merchandise for the owner or others
by truck transport.
This term is employed in referring to:
The main or primary purpose for which a building, other structure
and/or lot is designed, arranged or intended or for which they may
be used, occupied or maintained under this chapter.
An adult bookstore, adult entertainment cabaret and adult
mini motion-picture theater.
A premises, including open areas, other than a street or
way and enclosed showrooms for the display and sale of new or used
automobiles, trucks, trailers, motorcycles and/or recreational vehicles.
A building for the treatment of animal illness, including
facilities for boarding animals receiving treatment.
A building or premises for storing of goods, wares and merchandise,
whether for the owner or for others, prior to shipment to final retail
sale operation and whether it is a public or private ownership and
use.
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
A business establishment engaged in selling to retailers
or jobbers rather than directly to customers.
Any mechanical device designed for the purpose of converting
wind energy into electrical or mechanical power.
An open area extending the full width of the lot situated
between the front lot line and the building line projecting to the
side lot lines.
An open area extending the full width of the rear lot line
situated between the rear lot line and the building line projecting
to the side lot lines.
That portion of the open area of a lot extending open and
unobstructed from the ground upward along a lot line for a setback
depth or width as specified by the bulk regulations of the district
in which the lot is located. No part of such yard shall be included
as part of a yard or other open space similarly required for buildings
on another lot.
An open area extending between the building line and the
side line of a lot and extending from the front yard rear line (or
from the front lot line, if there is no required front yard) to the
rear yard front line (or rear lot line).
