§ 410-1. Title.

This chapter shall be known and cited as the "Zoning Ordinance of the City of Binghamton, New York."

§ 410-2. Purpose and intent. [Amended 12-18-19 by Ord No. 19-157]

The purpose of this chapter is to implement the policies of the City of Binghamton as expressed in theComprehensive Plan adopted by City Council on August 1, 2014. It is intended that the provisions of thischapter shall be held to be the minimum requirements adopted for, among others, the following purposes:

§ 410-3. Applicability of article.

For the purpose of this chapter, meanings of the following words and phrases shall be as defined in this Article II.

§ 410-4. Interpretation.

Words used in present tense shall include the future tense. The singular number shall include the plural number and the plural number the singular number. The word "building" shall include the word "structure." The word "shall" is mandatory; the word "may" is permissive.

§ 410-5. Terms defined. [Amended 3-2-09 by Ord. No. 9-2009; Amended 7-20-09 by Ord. No. 23-2009; Amended 12-21-2011 by Ord. No. 11-51; Amended 8-7-2013 by Ord. No. 13-49; Amended 2-3-2016 by Local Law 16-02; Amended 12-18-19 by Ord No. 19-157; Amended 10-19-2022 by Ord No. 22-142&Ord No. 22-143]

As used in this chapter, the following terms shall have the meanings indicated:

ABUTS, ABUTTING—Having a common property line or zoning district line; adjoining, touching.

ACCESSORY BUILDING—A building subordinate to the main building on the lot and used for purposes customarily incidental to that of the main building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

ACCESSORY USE—A use that is customarily incidental and subordinate to the principal use on a lot, and located on the same tax parcel. An accessory use may not be accessory to another accessory use.

ADJACENT—To lie near or close to; in the neighborhood or vicinity of but not necessarily touching.

ADULT ENTERTAINMENT—Any establishment having as a significant portion of its stock in trade media, merchandise, or live entertainment which is characterized by emphasis on the description or depiction of specific anatomical areas or specified sexual activities as defined in this section. Examples of such facilities include, but are not limited to: adult entertainment establishments, adult bookstore, and adult novelty store.

AGRICULTURE—The growing of crops, fruits, plants, vines, trees or shrubs for commercial sale and accessory uses customarily incidental to such activities. See also "Garden, community or neighborhood," and "Greenhouse/nursery.”

ALCOHOL OR DRUG REHABILITATION FACILITY—A state-licensed facility where alcohol and drug abusers can be placed in lieu of incarceration for detoxification from the effects of alcohol and drugs. For the purposes of this chapter, such use shall be considered “Social Services.”

ALLEY—A dedicated public thoroughfare affording a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATIONS—Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.

AMUSEMENT ARCADE—An indoor amusement and recreation establishment wherein the principal use is the provision of electronic or mechanical game devices available to the public on a commercial (pay in order to play) basis, or a restaurant, bowling alley, billiard parlor, transportation terminal, hotel, or motel which contains eight or more such electronic or mechanical games.

AMUSEMENT GAME—Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game of skill by the insertion of a piece of money, coin, token or other article, or by paying money to have it activated. This definition does not include:

ANIMAL CARE—A facility designed or arranged for the care of animals. Examples of such facilities include, but are not limited to: animal grooming; animal hospital; veterinary clinic; animal boarding; animal shelter; commercial kennel; and pet grooming. For the purposes of this chapter, this definition shall not include “kennel, residential.”

ANIMAL HOSPITAL—A building used for the treatment, housing, kenneling, or boarding of small household pets such as dogs, cats, rabbits, ferrets, and birds by a veterinarian.

ANTENNA AND SATELLITE DISH—A structure or device utilized for the receiving and/or transmitting of communication signals, not enclosed within a building or structure, and any form of satellite receiving dishes. It shall specifically exclude customary VHF and UHF television antennas and television/radio transmission towers licensed for public broadcast by the Federal Communications Commission.

ART GALLERY—A structure or building utilized for the display of artwork, including paintings, sculptures, and paintings for sale to the public.

AUTOMATIC TELLER MACHINE—Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.

AUTOMOBILE BODY SHOP—A shop in the business of making substantial repairs to the shell or body of any automobile, and of major or substantial painting of the shell or body, and where the following services may also be carried out: general auto repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame or fender straightening and repair, overall painting and undercoating. The shop must be licensed by New York State.

AUTOMOBILE DETAILING BUSINESS—An establishment that specializes in the installation of pin striping, window tinting, and decals on passenger vehicles. Accessory cleaning, washing, and waxing may be performed, but no repairs of any kind are permitted.

AUTOMOBILE HAND WASHING BUSINESS—Any structure or land where the washing and/or waxing of automobiles or other motor vehicles is carried on manually by high-pressure spraying in a self-service manner.

AUTOMOBILE MECHANICAL WASHING BUSINESS—Any structure or land where the washing and/or waxing of automobiles or other motor vehicles is carried out by a chain or other conveyor system with water jets, blowers and/or steam cleaning devices.

AUTOMOBILE REPAIR, PRIVATE NONRESIDENTIAL—The repair of motor vehicles owned by anyone other than the registered owner of that vehicle.

AUTOMOBILE REPAIR SHOP—A place where the following services may be carried out: general auto repair, engine rebuilding, and rebuilding or reconditioning of motor vehicles. Automobile repair stations shall not include collision services or painting and undercoating of motor vehicles. The sale of engine fuels may or may not also be carried on. The shop must be licensed by the New York State Department of Motor Vehicles.

AUTOMOBILE FUEL STATION—See “Vehicle Fuel Station.”

AUTOMOBILE SALES/RENTAL—See “Vehicle Sales/Rental.”

AUTOMOBILE REPAIR/SERVICE—See “Vehicle Repair/Service.”

AUTOMOBILE WRECKING YARD—See "vehicle salvage facility."

AUTOMOTIVE PARTS AND ACCESSORIES ESTABLISHMENT—A business that sells new, used, and reconditioned automotive parts and accessories. Auto parts may be reconditioned on-site, but no auto repairs or installations are allowed. This definition shall be distinctive from "junkyard" and "vehicle salvage facility."

AWNING/CANOPY—A roof-like cover made of canvas or similar material which projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. An awning or canopy may or may not have signage.

BAKERY, RETAIL—A building or structure utilized for the baking of breads and/or pastries for sale on-premises.

BAKERY, WHOLESALE—A light industrial operation for the baking of breads and/or pastries for sale off-premises. For the purposes of this chapter, this use shall be considered “Light Industry.”

BANK AND FINANCIAL INSTITUTIONS (WITH OR WITHOUT DRIVE-THROUGH)—A building or structure utilized for direct transactional services to the public, including the maintenance of checking and savings accounts, certificates of deposits, etc., and the providing of related incidental financial services associated with a bank; does not including check cashing stores or collateral loan brokers. [Amended 12-4-2006 by L.L. No. 2-2006]

BANK, DRIVE-THROUGH—A bank where transactions are made to customers within an automobile outside the confines of a building.

BANQUET/CATERING FACILITY—An establishment which serves food and drink and provides entertainment to paying customers and their invited guests for weddings, bar mitzvahs, birthdays and other similar occasions.

BARBERSHOP/BEAUTY PARLOR—An establishment for the cutting and care of hair and/or fingernails, tanning, facial make-up consulting, waxing, one or any combination of the above and other beauty-related services.

BASEMENT—That habitable space of a building that is partly below grade which has more than half of its height, on average, measured from floor to ceiling, above the finished grade of the ground around the building (See also "cellar."); counted as½story in determining building height.

BED-AND-BREAKFAST HOME—An owner-occupied one- or two-family home that provides one to five rooms for paying guests on an overnight basis. Guest occupancy periods shall not exceed 21 consecutive days.

BED-AND-BREAKFAST INN—An owner-managed dwelling that provides six to 10 guest rooms, limited to two persons or one family per lodging unit or guest room, on an overnight basis for periods not to exceed 21 days. A bed-and-breakfast inn is not a multiple-family residence.

BEDROOM—Any room in a dwelling that is to be used for sleeping. Bedrooms cannot be leased/rented on an individual basis. A bedroom is distinct from “Sleeping Unit” as defined in this chapter.

BILLBOARD—See Article XI, § 410-60B(2).

BILLIARD PARLOR/POOL HALL—An establishment where more than 50% of the business is dedicated to billiards.

BIORETENTION—An integrated stormwater management practice that uses the chemical, biological, and physical properties of plants, microbes and soils to remove or retain pollutants from stormwater. Bioretention areas may or may not have an under drain.

BIORETENTION AREAS—shallow depressions with a designed planting soil mix and a variety of plant material, including trees, shrubs, grasses.

BOARDINGHOUSE—An owner-occupied dwelling with up to three roomers or lodgers in the same household, who are lodged with or without meals, and in which there are provided such services as are incidental to the use of the dwelling as a temporary residence for part of the occupants. (See also "rooming house.")

BOWLING ALLEY—A building or structure utilized primarily for the sport of bowling, and may include the incidental sale or dispensing of food and drink and the sale or rental of bowling equipment.

BREWERY/DISTILLERY—An industrial operation involving the brewing or distillation and/or bottling for local, regional, or national distribution and packaged sales. This definition shall include breweries that produce greater than 60,000 barrels annually and distilleries that produce greater than 75,000 gallons annually. For the purposes of this chapter, such use shall be considered “Light Industry.” See also “Microbrewery.”

BREW PUB—A restaurant containing a microbrewing facility for the brewing and storage of beer only, primarily for consumption on premises. Such brewing facilities shall be accessory to a restaurant.

BUFFER STRIP—A strip of land, generally adjacent to a property line, in which a screen of plantings with or without solid fencing is installed and maintained by the owner of the property. Such screen shall be planted with deciduous or evergreen trees and shrubs in any combination deemed appropriate which is dense enough and high enough to be a buffer between properties. (See § 410-18.)

BUILDING—A structure where space is covered or enclosed for the use, shelter, storage or protection of persons, animals, in-ground swimming pools or property of any kind, and which is permanently affixed to the land.

BUILDING AREA—The total area, as measured on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, steps and paved areas.

BUILDING HEIGHT—The vertical distance from finished grade to the highest point of a flat roof, the upper deck line of a mansard roof, or to the mean height between the low and high points of other roof types. For purposes of this definition, "finished grade" shall be the average between the high and low grade measured five feet from the structure.

BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM—A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

BUILDING LINE—The line formed by the intersection of the ground and a vertical plane that coincides with the most projected exterior surface of a building, on any side.

BUILDING, PRINCIPAL—A building within which is conducted the principal use or activity of the lot on which said building is located.

BUILDING SUPPLY YARD—A retail or wholesale establishment supplying building or lumber materials to contractors and the public where such materials stored, sold or displayed are located both indoors and outdoors. For the purposes of this chapter, this use shall be considered “Light Industry.”

BULK REGULATIONS—Zoning requirements related to such things as lot area and size, yard dimensions, height, percentage of lot covered and regulations other than land use. Such requirements are generally set forth in § § 410-28 and 410-33, Schedules IA and IIA, of this chapter.

BUS DEPOT—A lot containing a building or structure utilized for the boarding and exiting of buses, the selling of transport tickets, and the incidental sale or dispensing of food and drink, but specifically excluding any bus garage or the servicing or repairing of buses.

BUSINESS—An activity, occupation, employment or enterprise which requires time, attention, labor and materials and wherein merchandise is exhibited or sold, or services offered.

BUSINESS OFFICE—A building or portion thereof utilized to accommodate the activities of a business. Uses include, but are not limited to, an insurance agency, real estate agency, abstract business, and computer-related services. (See "business.")

CANNABIS BUSINESS, INDUSTRIAL—A cannabis related business licensed by NYSOCM to operate one of the following business types: Adult-use Cultivator, Adult-use Nursery, Adult-use Processor, Adult-use Distributor, Adult-use Cooperative, or Adult-use Microbusiness.

CANNABIS BUSINESS, ON-SITE CONSUMPTION—A cannabis related business licensed by NYSOCM to operate an Adult-use On-Site Consumption business. An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on-site consumption location.

CANNABIS BUSINESS, RETAIL—A cannabis related business licensed by NYSOCM to operate on of the following business types: Adult-use retail dispensary or Adult-use delivery.

CARPORT—A roofed vehicle shelter with two or more open sides; an accessory building.

CATERING SERVICE—Preparation and delivery of food and beverages exclusively for off-site service without provisions for on-site consumption by consumers.

CAUD—Commission on Architecture and Urban Design created by Chapter 18, Art. VI.

CELLAR—An uninhabitable space partly underground but having more than half of its floor-to-ceiling height below the average outside ground level. A cellar is not counted as a story in determining building height as required by § § 410-28 and 410-33, Schedules IA and IIA. (See also "basement" and "dwelling, earth sheltered.")

CEMETERY—A place that is established, maintained, managed, operated, or improved and which is dedicated to and used or intended to be used for the final disposition of human remains and their memorialization and in which burial plots and vaults are available for purchase by the general public. A cemetery shall be operated by a religious organization or by a not-for-profit corporation licensed by the New York State Cemetery Board.

CLINIC, MEDICAL, DIAGNOSTIC OR TREATMENT CENTER—A building or portion thereof, the principal use of which is for offices of one or more practitioners and related support staff for the provision of medical, dental and/or optical services. This definition is meant to encompass a more intensive multiservice type of medical office in comparison to individual or group private practice of medicine. Services may include but are not limited to out-of-hospital examinations, on-site testing, treatment, including surgery, emergency room services, sophisticated testing equipment and twenty-four-hour accommodations for patients and their families. For the purpose of this chapter, this definition is also meant to include health maintenance organizations (HMOs) and medical surgery centers. (See also "professional office, health-related.")

CLUB OR LODGE, MEMBERSHIP—An organization catering exclusively to members and their guests, or land and buildings used for recreational, social or athletic purposes. Such activity shall not be conducted primarily for gain, and no merchandising, business activities or commercial sales shall be conducted except as required generally for the membership and purposes of such club.

CLUSTER DEVELOPMENT—The subdivision of an area into lots which are smaller than would customarily be permitted by this chapter; where the density of development is no greater than would be permitted in the district by conventional development, and where the residential land produced by the smaller lot size is used for common recreation and open space.

COMMUNITY CENTER—A cultural, educational, or religious facility designed for neighborhood-wide or City-wide use and operated on a not-for-profit basis. Examples of such facilities include, but are not limited to: museums, educational facilities, senior centers, and neighborhood community centers. See also “Educational Institution” and “Studio/ Art Gallery” as defined in this chapter.

COMMUNITY RESIDENTIAL FACILITY—Any noninstitutional residential facility that provides a supervised residence for children or adults and which is not subject to the New York State site selection law. Such residences may provide varying degrees of assistance, ranging from full or partial supervision, counseling, meals, and other services, which include but are not limited to:

COMMUNITY RESIDENTIAL FACILITY FOR THE DISABLED—A facility subject to licensing by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities which provides a residence for up to 14 mentally disabled persons, including residential treatment facilities for children and youth. Such facilities are subject to the New York State site selection law. Such facilities include, but are not limited to, the following: community residence, supervised; community residence, supportive; individual residential alternative; intermediate-care facility, family care, and residential school.

CONDOMINIUM—A building project of single dwelling units, which may consist of one or more buildings wherein the real property title and ownership are vested in an owner having an interest with others in the common usage areas and facilities which serve the project. Administration and maintenance of common usage areas and facilities must be provided for.

CONFORMING BUILDING—Any building designed or intended for a land use or activity which is permitted by right or by special permit in the district in which such building is located and which complies with all the bulk regulations of this chapter, or any amendment thereof, for such district. (See also "bulk regulations.")

CONGREGATE LIVING—A building or part thereof that contains two or more “Sleeping Units” where residents share a bathroom or kitchen, or both. Any “Dwelling Unit” containing five or more bedrooms shall be considered “Congregate Living.” More than ten bedrooms or “Sleeping units” are not permitted in any such facility. Notwithstanding the above, a detached single-unit dwelling with five bedrooms shall not be considered Congregate Living.

CONSERVATION—The continuation of land in its natural state or any use that will maintain the land in essentially its natural state.

CONSTRUCTION EQUIPMENT SALES, STORAGE, AND MAINTENANCE—A facility that involves the offices and yard of a building trade contractor and for the storage, rental, and/or sales of heavy vehicles or construction equipment, including trucks associated with construction and the maintenance, repair, and servicing of the same. For the purposes of this chapter, such use shall be considered “General Industry.”

CONTIGUOUS—See "abuts."

CONTRACTOR'S OFFICE AND YARD, BUILDING—A property that is used as the office and yard of a building trade contractor. A building trade contractor shall be defined as any contractor who is in the business of constructing or remodeling any building or structure. This definition includes electrical, plumbing, and HVAC contractors.

CONTRACTOR'S OFFICE AND YARD, HEAVY CONSTRUCTION—A property that is used as the office and yard of a heavy construction contractor. A heavy construction contractor shall include, but is not limited to, bridge builders, water and sewer installers, concrete installers, blacktop paving companies, excavation and filling, building demolition, and road reconstruction contractors.

CONVALESCENT HOME—Any licensed establishment where aged or infirm persons are provided with shelter, food and health care, on a twenty-four-hour basis, for compensation; corresponds to the New York State definition of "self-care or extended-care nursing home." Not included in this definition are establishments for the care of the mentally ill. There are two types of homes:

CONVENIENCE STORE—A small retail facility that accommodates the shopping needs of a limited area or neighborhood by offering some or all of the following: convenience items, fresh or packaged food, prepared food, packaged alcohol, tobacco products (see § 410-24P), and lottery tickets. Such facilities are distinct from “Retail Food Sales” (as defined in this chapter) when the following criteria are met:

CONVENT—A residence of a religious order, which may include facilities for assembly and education. (See also "monastery.")

CONVERSION—The changing of use or occupancy by alteration, addition, or by other reorganization.

COVERAGE, BUILDING—That percentage of a lot actually covered by the ground level area of a building and any upper floor projections where the projection is greater than five feet.

COVERAGE, LOT—That percentage of a lot actually covered by the ground-level building area plus any structural upper floor extensions greater than five feet, plus any paved area used for parking and driveways.

CREMATORY—A building containing facilities designed for or capable of incinerating deceased human or animal remains.

CRISIS RESIDENCE—See "community residential facility" or "halfway house."

CULTURAL FACILITIES/MUSEUMS—An indoor or outdoor theater, auditorium, or other building or structure designed, intended, or primarily used for musical, dance, dramatic, or other live performances or a museum or gallery operated primarily for the display rather than sale of works of art.

DAY CARE—Day care as regulated by the New York State Department of Social Services provides for day-care services as follows:

DAY CARE, ADULT GROUP—Provision of daytime care in a residential or nonresidential structure to more than six adults whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities.

DAY CARE, ADULT HOME—Provision of daytime care in a dwelling unit to adults whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities. The dwelling unit must be owner-occupied, and care cannot be provided to more than six adults at one time.

DAY CARE, HOME—A home occupation that provides supervision and care for no more than five individuals, for less than 24 hours per day and with no overnight care. Clients may include children or adults that have a limited ability to function independently. As regulated and defined by the New York State Department of Social Services.

DEPARTMENT STORE—A retail institution over 5,000 square feet that offers a variety of non-food goods for sale under one roof.

DEPENDENT RELATIVE—A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.

DEVELOPMENT—Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile buildings; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DEVELOPMENTAL DISABILITY—According to the Developmental Disabilities Act, section 102(8), the term 'developmental disability' means a severe, chronic disability of an individual 5 years of age or older that:

DORMITORY, OFF-CAMPUS—A building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories.

DRIVEWAY—That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

DRIVE-THROUGH BUSINESS—A facility that allows for customers to remain in their vehicles while accessing a clerk, window, or automated machine in order to access goods or services. See also “Restaurant, Drive-Through.”

DRY-CLEANING ESTABLISHMENT—A personal service business used primarily for the purposes of picking up or dropping off clothing by customers for dry-cleaning purposes, and in which only those clothes dropped off by the customers at such an establishment and no other are dry cleaned within the premises. For the purposes of this chapter, such use shall be considered “Personal Service” when it does not exceed 4000 square feet. See also “Dry-cleaning Plant.”

DRY-CLEANING PLANT—An industrial operation in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises. For the purposes of this chapter, such use shall be considered “General Industry.” This use is distinct from a “Laundromat” as defined in this chapter and shall not include “Dry-cleaning Establishment” that are 4,000 square feet or less.

DUST—Solid particulate matter capable of being airborne or gasborne.

DWELLING—a building that contains one or more dwelling units intended or designated to be used, rented, leased, let, or hired out to be occupied for living purposes.

DWELLING UNIT—

DWELLING, ACCESSORY—Living space located within an owner-occupied dwelling and containing no separate exterior entrance and not more than 325 square feet of area.

DWELLING, MANUFACTURED HOME—A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems, and that meets the criteria set forth in 42 USC Ch. 70: Manufactured Home Construction and Safety Standards. This definition shall not include any self-propelled recreational vehicle.

DWELLING, MULTIPLE-UNIT—One or more buildings, or portions thereof, on a single lot, containing four or more dwelling units. For purposes of this chapter, this definition includes apartments, senior housing, rental townhouses, cooperative housing and condominiums.

DWELLING, TOWNHOUSE—A dwelling containing two or more dwelling units each located on its own individual tax parcel, each of which has one or two side walls in common with side walls of abutting dwelling units and are party or lot-line walls.

EASEMENT—The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

EATING AND DRINKING ESTABLISHMENT—A facility that prepares and sells food and beverages for on- or off-premises consumption. Such facilities may prepare and sell alcoholic beverages. This definition shall include the following uses, as defined in this chapter: “Restaurant,” “Microbrewery,” and “Tavern.” For the purposes of this chapter, this definition shall not include “Restaurant, drive-through.”

EDUCATIONAL INSTITUTION—A building or buildings, or part thereof, whether public or private, and offering a program or curriculum which meets state requirements for kindergarten, primary, secondary or higher education.

ELECTRIC VEHICLE CHARGING STATION—a public or private parking space that is served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. For Electric Vehicle Charging Stations operating as a primary commercial use for retail to the public, see “VEHICLE FUEL STATION.”

ESSENTIAL SERVICES (PUBLIC FACILITIES)—The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electric, steam, fuel or water transmission of distribution system collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety and welfare. Telecommunications facilities and telecommunications towers are not public facilities.

EVENT VENUE—An establishment that primarily rents space in a building and/or lot for private, pre-scheduled events. Such facilities are not open to the general public during events, and attendees are limited to those renting the facility and their invited guests. Examples of private events include weddings, funerals or wakes, bar or bat mitzvahs, birthday parties, conferences, or other family or community social events.

EXTRACTIVE USE—Any operation, other than in connection with foundations for a structure, or highway construction, which involves: (1) a volume of earth movement exceeding the average of one foot per square foot of lot area, or 1,000 cubic yards, whichever is the lesser; or (2) a change of 10 feet or more in ground elevation from previously existing grade. See also "quarry, sandpit, gravel pit, topsoil stripping."

FAÇADE—The face of a building that delineates the edge of conditioned floor space.

FAMILY—Any number of individuals living together in a single dwelling unit related by blood, marriage or adoption; or any number of individuals not related by blood, marriage or adoption living together and who meet the following criteria for a functional and factual family equivalent:

FAMILY CARE RESIDENCE—See "community residential facility." FAMILY DAY CARE—See "day care."

FAST-TRACKING—A type of construction which divides the design stage into component parts, with each story or stage of the building or structure requiring approval by the Supervisor of the Office of Building and Construction prior to construction. Each story or stage of the building or structure can be built before the design for any subsequent story needs to be completed or approved. Fast-tracking does not exempt the owner from any other provisions of this chapter or any other City ordinance. The initial application for fast-tracking shall include the submission of architectural preliminary drawings of the conceptual plan and design, including at least ground plan dimensions and building height, which shall not be altered at any later stage except by express written consent of the Supervisor of the Office of Building and Construction.

FEED WAREHOUSE—An establishment that stores and sells bulk quantities of feed (corn, grain, etc.). The storage of products may include, but is not limited to, the use of silos.

FLEA MARKET, LONG-TERM—A periodic market held in an open area or structure where an individual or group of individual sellers offer goods for sale to the public for a period of time greater than three consecutive days and less than 30 days.

FLEA MARKET, SHORT-TERM—An occasional market held in an open area or structure where groups of individual sellers offer goods for sale to the public for a period of three consecutive days or less.

FLOOD—A general and temporary condition of partial or complete inundation of normally dry areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source, or mudflow, or collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood.

FLOOD, 100-YEAR—The area that will be inundated by the flood event having a 1% chance of being equaled or exceeded in any given year.

FLOOD, 500-YEAR—The area that will be inundated by the flood event having a 0.2% chance of being equaled or exceeded in any given year.

FLOOD BOUNDARY AND FLOODWAY MAP—The official map of FEMA prepared as part of the flood insurance study for the City on which the boundaries of the five-hundred-year flood, the one-hundred-year or base flood and the floodway in the City of Binghamton have been delineated June 1, 1977, as noted on the map titled "Flood Hazard Boundary Map" or "Flood Insurance Rate Map" and including the flood hazard area and regulatory floodway area.

FLOOD ELEVATION, BASE—The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1–A30, AR/AH, AR/AO, V1–V30 and VE.

FLOOD HAZARD BOUNDARY MAP—Official map of a community issued by FEMA, where the boundaries of the flood, mudflow and related erosion areas having special hazards have been designated. The official map of FEMA prepared for the City of Binghamton have been delineated June 1, 1977, as noted on the map titled "Flood Hazard Boundary Map" or "Flood Insurance Rate Map."

FLOOD HAZARD AREA, SPECIAL—An area having special flood, mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map (FIRM) Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.

FLOOD INSURANCE RATE MAP (FIRM)—Official map of a community on which FEMA has delineated the Special Flood Hazard Areas (SFHAs), the Base Flood Elevations (BFEs) and the risk premium zones applicable to the community.

FLOODPLAIN MANAGEMENT—he operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood-control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT AREA—All that land adjacent to a body of water which has been or hereafter may be covered by a base flood.

FLOODPLAIN, SUBSTANTIALLY DAMAGED BUILDING—A building that has incurred damage of any origin whereby the cost of restoring the building to its before damaged condition would equal or exceed 50% of the market value of the building before the damage occurred.

FLOODPLAIN, SUBSTANTIAL IMPROVEMENT—

FLOODPROOFING—Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures with their contents.

FLOOR AREA, GROSS—The floor area within the inside perimeter of the exterior walls of the building, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls, shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

FLOOR AREA RATIO—The numerical value obtained by dividing the total floor area of the building or buildings on the lot by the area of such lot. When applicable, the floor area ratio designated for any district, when multiplied by the lot area in square feet, shall determine the maximum permissible total floor area of the building or buildings on the lot in such district.

FOOD DELIVERY ESTABLISHMENT—A business serving ready-to-eat foods and supplying delivery services to customers via company and/or employee vehicles.

FOSTER CARE HOME—Private single-family residences licensed by the Broome County Department of Social Services and/or the New York State Department of Social Services. There are two types of residences:

FOOD SALES, GENERAL—the retail sales or beverages for off-site preparation and consumption. This classification includes but is not limited to the following:

FRATERNITY OR SORORITY HOUSES—A place of residence or similar structure that is occupied by a nationally chartered membership organization or a local chartered organization and used, occupied and maintained for persons enrolled in a college, university, or other educational institution, and which may or may not be recognized and subject to controls by such educational institution.

FRONTAGE—The greater of:

FUNERAL HOME—A building used for the preparation of the deceased for burial or cremation, which may also include facilities for the display of the deceased and ceremonies connected therewith before burial or cremation. (See also "crematory.")

GARAGE, PRIVATE RESIDENTIAL—An accessory building, or part of a principal building if attached thereto by a wall or roof, intended primarily for the storage of one or more motor vehicles owned and used by the occupant of the dwelling to which it is accessory or attached.

GARAGE SALE—Household goods and clothing for sale to the general public, which are displayed in the garage, yard or porch of a private residence; a yard, porch, lawn or rummage sale.

GARAGE, STORAGE OR OFF-STREET PARKING—A building or portion thereof, or land, used exclusively for the temporary storage of motor vehicles, and where motor fuel is not sold and vehicles are not equipped, repaired, hired or sold.

GARDEN, COMMUNITY OR NEIGHBORHOOD—An area used by several individuals or families, operating in association with each other and under sponsorship by a nonprofit or voluntary organization, for seasonal production of vegetables and other garden produce for home consumption by the individuals or families directly engaged in such production.

GARDEN, NONCOMMERCIAL—An area used for the individual growing of fruit, vegetables and flowers which are not to be sold commercially. (See also "garden, community or neighborhood" and "greenhouse, commercial.")

GARDEN POND—A body of water used in part with the property's landscaping. Garden ponds are not to be considered as swimming pools.

GASOLINE, CONVENIENCE MARKET—The retail sale of self-service motor fuel at a facility that also offers for sale convenience goods such as food, beverages and sundries, often on a twenty-four-hour-a-day basis.

GENERAL RETAIL—A facility involved in the sale, lease, or rental of new or used products, not including vehicle sales/rental or food sales.

GOLF COURSE—A recreational facility consisting of at least nine holes, each with tee and green, located on a parcel of land containing at least 15 acres, as distinguished from golf driving ranges and miniature golf courses.

GRADE, ESTABLISHED STREET—The permanently established elevation of the center line of a street in front of the midpoint of a lot.

GRADE, FINISHED—The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks, and roads adjoining the wall at that point.

GREENHOUSE/NURSERY—Any land and related buildings or structures in which trees, shrubs, flowers and other plants are cultivated for the purposes of being sold commercially.

GREENHOUSE, COMMERCIAL—Any building or structure in which light, temperature and humidity can be controlled for the growing and protection of flowers and other plants which are to be sold commercially.

GREENROOF, VEGETATED ROOFTOP—A layer of planting medium and vegetation, with a waterproof membrane and drainage system, integrated into the roof of a building in order to capture rainwater, reduce building energy consumption, and/or provide habitat or recreational amenity. Includes the following categories:

GREEN SPACE—That portion of any lot treated in such a manner as to provide light, air, and landscaped open space for the recreational and visual enjoyment of the occupants of any building on said lot. Green space may include lawns, trees, shrubbery, garden areas, footpaths, play areas, fountains, pools, watercourses, and wooded areas, but shall not include required parking spaces and service areas or vehicular surfaces other than access drives which are not used for vehicular parking.

GROSS DENSITY—The total number of persons or objects per unit of land area. "Land area" means all the land within the lot or area boundaries, including private roads, recreation areas, easements and natural features.

GROUND-MOUNTED SOLAR ENERGY SYSTEM—A Solar Energy System that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for onsite consumption.

GROUP HOME—See "community residential facility" and "community residential facility for the disabled."

HABITABLE ROOM—Any enclosed room in a dwelling. For purposes of this chapter, a bathroom, closet, cellar, hallway, utility room or storage space shall not be considered a habitable room.

HALFWAY HOUSE (see also "COMMUNITY RESIDENTIAL FACILITY")—A twenty-four-hour supervised residence for drug and alcoholic patients certified by the NY State Division on Alcoholism. Residents often hold jobs, use outside treatment services and are segregated by age and sex in the house. The site selection law does not apply.

HEALTH-RELATED NURSING FACILITIES—See "convalescent home."

HEALTH/SPORT CLUB—A building or portion of a building designed and equipped for the conduct of sports, exercise, instructional activities, leisure-time activities or other customary and usual recreational activities, operated for profit or not for profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

HEAVY VEHICLE MAINTENANCE AND STORAGE FACILITY—Any area, lot, parcel, building or structure or part thereof used primarily for the storage and maintenance of trucks, buses, and other heavy equipment.

HOME OCCUPATION—A business, profession, occupation, or trade conducted by the occupant of a dwelling or accessory structure and which is clearly incidental and secondary to the use of the residence. See § 410-29H.

HOMELESS SHELTER—See "mission."

HOMES FOR ADULTS—See "adult residential care facility" or "foster homes for adults."

HOSPICE—A community of both professional and lay volunteers whose goal is to care for people in the final stages of life and to help them live as fully and comfortably as possible until they die. Such service can occur in a private residence or a special facility used for the purpose.

HOSPITALITY HOUSE—A residence similar in function to a bed-and-breakfast inn or bed-and-breakfast home which provides low-cost, short-term housing for the families of patients admitted to long-term care units at local hospitals or nursing homes.

HOSPITAL, MEDICAL CENTER—A facility serving the comprehensive (preventative and illness-related) health needs of the community and region and providing health services, medical and surgical care to persons suffering from illness, disease, injury, abnormal physical or mental conditions or pregnancy. Services provided by the facility will include diagnosis, treatment, rehabilitation, research, education, health promotion and wellness. Such a facility may include diagnostic/research laboratories, emergency service, outpatient service, space and equipment for training and housing interns, nurses, medical technicians and other related personnel, professional medical offices, overnight accommodations for patients' relatives, child care, administrative offices and businesses related to the hospital function and not the public in general.

HOTEL—See “Overnight Lodging.”

HOUSING—See "dwelling."

HOUSE TRAILER—See "trailer, travel or camping."

HUMAN SERVICE AGENCY—An organization providing assistance to people in obtaining services to meet their needs. Services provided may include, but are not limited to, one or more of the following: information, guidance, counseling, therapy, group social activity, remedial instruction, self-help, and support. Services may not include the provision of alcohol. For the purposes of this chapter, such use shall be considered “Social Services.”

IMPERVIOUS SURFACE—Any surface from which most water runs off, including, but not limited to, paved streets, graveled or paved areas such as driveways, parking areas, packed earth material, walkways, roof surfaces, and patios.

INDUSTRIAL, HEAVY—An establishment that involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials. Examples of activities in this classification included but are not limited to the following:

INDUSTRIAL, LIGHT—An establishment engaged in the assembly, packaging, storage and distribution of products from finished products or parts and the small-scale production of artisan and/or custom products. This classification includes but is not limited to the production or assembly of:

INDUSTRIAL, MEDIUM—An establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials. Examples of activities in this classification include but are not limited to the following:

INDUSTRIAL, RESEARCH AND DEVELOPMENT—An establishment engaged in scientific research for the design, development, engineering, and testing of high technology electronic, industrial or scientific products in advance of full-scale manufacturing of final products. The only manufacturing uses in this classification consist of the creation of prototype products, plans, or designs for the primary purpose of research, development, or evaluation, rather than for sale or distribution.

INDUSTRIAL PARK—A tract of land that is planned, developed and operated as an integral facility for a number of individual industrial uses.

JUICE BAR—See "tavern, nonalcoholic."

JUNKYARD—A lot, with or without buildings, used for the collecting, dismantling, storage, salvaging, or sale of wastepaper, rags, scrap metal, junked automobiles, materials, equipment, machinery or vehicles or parts thereof. The deposit or storage of two or more wrecked or broken motor vehicles, which would not qualify for inspection by the State of New York, or the major parts of two or more such vehicles shall be deemed to make the lot a junkyard; an auto salvage yard.

KENNEL, COMMERCIAL—Any lot or premises, or portion thereof, on which four or more domestic animals are kept for sale, or on which more than two such animals are boarded for compensation. For the purposes of this chapter, such use shall be considered “Animal Care.”

KENNEL, RESIDENTIAL—The raising of up to three (3) domestic animals for private use only. No sales or breeding of the animals is permitted. Animals kept on the property shall be owned by the occupant of the property. See § 410-19C.

LANDSCAPED AREA—An area of grass, trees, shrubs or other natural greenery, or containing any form of landscaping or architectural treatment.

LAND USE ACTIVITY—The specific purpose for which land or a building is used or designed or intended to be used and maintained. (See also "use, principal.")

LARGE-SCALE SOLAR ENERGY SYSTEM—A Solar Energy System that is ground-mounted and produces energy primarily for the purpose of offsite sale or consumption.

LAUNDROMAT—A business that provides coin-operated self-service-type washing, drying, and ironing equipment, provided that no pick-up or delivery service is maintained. For the purposes of this chapter, such use shall be considered “Personal Service.”

LEAD AGENCY—The agency which has responsibility to coordinate the environmental review of a proposed action in accordance with the New York State Environmental Quality Review Act and the regulations of the City of Binghamton.

LOADING SPACE—Any off-street space available for the loading or unloading of goods. See Article X for dimensional requirements.

LOT—A single tax parcel either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, for transfer of ownership, or possession, or for development.

LOT AREA—Lot area is the area included within the rear, side, and front lot lines. Lot area does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use.

LOT, CORNER—A lot fronting on two or more streets at their intersection. Both street lines shall be deemed front lot lines and both frontages shall be considered front yards.

LOT COVERAGE—The percentage of the lot covered by the ground level area plus any structural upper floor extensions greater than five feet, plus any impervious area used for parking and driveways. In any non-residential zoning district, the area of any structure or building covered with a vegetated greenroof, as defined in this chapter, shall not count towards the calculation of the total lot coverage.

LOT DEPTH—The average horizontal distance between the front and rear lot lines.

LOT WIDTH—Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot.

LOT, FLAG—A lot that meets the minimum area requirements of this chapter and is connected to a public right-of-way by a strip of land at least 20 feet wide and containing an access drive.

LOT, INTERIOR—A lot other than a corner lot.

LOT LINE, FRONT—In the case of a lot abutting only one street, it is the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street right-of-way line as the front lot line.

LOT LINE, INTERIOR—A lot line which does not abut a street.

LOT LINE, REAR—The lot line which is generally opposite the front lot line. If the lot comes to a point at the rear, the rear lot line shall be deemed to be the point of intersection of the side lot lines. Rear yard measurements shall be made from such point.

LOT LINES—The property lines bounding a lot as defined herein.

LOT LINE, SIDE—The property line or lines extending from the front lot line to the rear lot line.

LOT, THROUGH—A lot having frontage on two parallel or approximately parallel streets. Both street lines shall be deemed front lot lines.

LOT WIDTH—The average horizontal distance between the side lot lines, measured parallel to the front lot line. See also § 410-12D.

LOT OF RECORD—A platted parcel of land, the dimensions of which are shown on a document or map on file with the City Assessor's Office and which parcel of land actually exists as so shown. In no case shall a portion of an original platted lot constitute a lot of record.

MAIN BUILDING FACADE—That portion of a building which is parallel or nearly parallel to the abutting street. For buildings which front on two or more streets, the main building facade shall contain the main entrance to such building.

MARQUEE—A permanent structure overhanging a walkway attached to or supported by a building advertising an event to be shown at the property.

MAUSOLEUM—A building for interring human or animal remains above ground.

MEDICAL OFFICE—A facility that provides medical or surgical care to patients. Some uses may offer overnight care. Examples of such facilities include, but are not limited to: urgent care or emergency medical office; medical or dental office; diagnostic or treatment center; medical clinic, and therapeutic massage. Does not include “hospital, medical center” as defined in this chapter.

MENTALLY ILL—Having a variety of emotional, personality and psychotic conditions.

METHADONE FACILITY—A facility licensed by the appropriate government agencies to use the drug methadone in the treatment, maintenance, or detoxification of persons. For the purposes of this chapter, such use shall be considered “Social Services.”

MICROBREWERY—An establishment which brews or produces beer in volumes up to 60,000 barrels annually. This definition shall also include liquor distillation of up to 75,000 gallons annually. Such establishments may offer limited retail sales and generally have a restaurant in or adjacent to the establishment. For the purposes of this chapter, such use shall be considered an “Eating and Drinking Establishment.” See also “Brewery/Distillery.”

MISSION/HOMELESS SHELTER—A nonprofit, charitable or religious organization providing boarding and/or lodging and ancillary services on its premises to primarily indigent, needy, homeless or transient persons.

MOBILE HOME—See "dwelling, mobile home."

MONASTERY—A residence of a religious order, which may include facilities for assembly and education. See also "convent."

MONUMENT MANUFACTURING—An establishment that performs the cutting, etching, and grinding of masonry material for the purpose of sales to a retail outlet. Incidental retail sales are permitted.

MOTEL—An establishment providing transient accommodations and containing six or more rooms with at least 25% of such rooms having immediate access to a parking lot without the necessity of passing through the main lobby of the building.

MOTOR TRUCK FREIGHT TERMINAL—An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

MOTOR VEHICLE RENTAL/LEASING—The use of any structure or land or portion thereof, for the rental/leasing of new or used automobiles, panel trucks, vans or recreational vehicles as licensed and regulated by the State of New York.

MOTOR VEHICLE SALES, NEW—The utilization of land or buildings or portions thereof for the storage, display, and retail sale of new motor vehicles, including incidental leasing or rental of new or used motor vehicles. This term shall also include motor vehicle maintenance and repair service accessory thereto and shall include the incidental sale of used motor vehicles when such vehicles are stored and displayed on the same premises utilized for the retail sale of new motor vehicles. The business must be licensed and regulated by the State of New York.

MOTOR VEHICLE SALES, USED (MAJOR)—The utilization of land or buildings or portions thereof for the retail sale of five or more used motor vehicles at any one time. This term shall not pertain to the incidental sales of used motor vehicles when such vehicles are stored and displayed on the same premises used for new motor vehicle sales. Incidental reconditioning, repair, and inspections are permitted. The business must be licensed and regulated by the State of New York.

MOTOR VEHICLE SALES, USED (MINOR)—The utilization of land or buildings or portions thereof for the retail sale of four or fewer used motor vehicles at any one time. This term shall not pertain to the incidental sales of used motor vehicles when such vehicles are stored and displayed on the same premises used for new motor vehicle sales. Reconditioning, repair, and inspection of motor vehicles are not permitted. The business must be licensed and regulated by the State of New York.

NEW CONSTRUCTION—Construction on a parcel of land which has been completely cleared of previous construction or upon which no construction has previously occurred. An addition to an existing structure, whether attached or detached, shall be considered to be new construction; the restoration or remodeling of an existing structure shall not be considered new construction.

NIGHTCLUB—An establishment where alcoholic beverages may be sold and consumed on the premises and where live entertainment and/or centrally controlled recorded performances take place and which may contain a stage, staging area and/or designated dance floor. A nightclub does not include live dancing of undressed or semi-dressed persons.

NONALCOHOLIC NIGHTCLUB—An establishment where no alcohol is served or consumed on the premises and where live entertainment and/or centrally controlled recorded performances take place and which may contain a stage, staging area, and/or designated dance floor. A nonalcoholic nightclub does not include live dancing of undressed or semi dressed persons.

NONCONFORMING LOT—A lot of record existing on the date of enactment of this chapter, or amendments thereto, which does not comply with the minimum frontage or area requirements for the zone in which it is located.

NONCONFORMING USE OR ACTIVITY—A building or use of land existing on the date of enactment of this chapter, or amendments thereto, which does not comply with the permitted use, setback, height, yard or other regulations of the zone in which said building or use is located.

NOXIOUS MATTER OR MATERIAL—A material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects to the physical or economic well-being of individuals.

NUISANCE—An actionable activity arising from a use of land, producing a material annoyance, inconvenience, and/or discomfort to the detriment of the public health, safety, and/or welfare.

NURSERY—Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants, for the purpose of sale or resale, including the replanting of said plants grown at places other than the nursery.

NURSING HOME—Any licensed establishment where aged or infirm persons are provided with shelter, food and health care, on a twenty-four-hour basis, for compensation; corresponds to the New York State definition of "self-care or extended-care nursing home." This definition does not include licensed care in private homes.

OFFICE—A facility that focuses on business, professional or financial activities conducted in an office setting. This definition shall include “Bank and Financial Institutions” as defined in this chapter.

OVERNIGHT LODGING—A facility providing overnight accommodations arranged for short term stays of less than 21 days; guest rooms are rented on an overnight basis. Examples of such facilities include, but are not limited to: bed-and-breakfast; hospitality house; and hotel or motel. Overnight lodging facilities may include internal eating and drinking establishments. Any additional services provided at the facility to the public at-large shall be considered a separate land use under this chapter. For the purposes of this chapter, this definition shall not include “Bed-and-breakfast Home.”

PARCEL DELIVERY—For the purpose of this chapter, any business supplying delivery services via company or employee vehicles.

PARISH HOUSE—The residence of the clergy associated with a place of worship.

PARKING, ANCILLARY—A parking area which is ancillary to the principal use not situated on the same lot as such parking area, which is not operated as a separate commercial enterprise available to the public at large and which is created to provide part of the required parking for the principal use.

PARKING, COMMERCIAL—A facility that provides parking as a principal use, for which a fee may or may not be charged. Includes surface parking lots and structured parking facilities open to the public. This shall not include parking facilities owned or operated by the municipality.

PARKING SPACE, OFF-STREET—A paved or surfaced space available for the parking of one motor vehicle on a transient basis and not located on an existing street or street right-of-way. (See Article X.).

PARK, PLAYGROUND and PLAYING FIELD—A tract of land designated and used by the public for active and passive recreation.

PARTY WALL—A common wall which extends from its footing below grade to, or through, the roof and divides two buildings.

PAWNSHOP/SWAP SHOP—An establishment in which the proprietor trades merchandise or lends money on the security of personal property pledged in his or her keeping. Requires a license from the City of Binghamton. See also Chapter 275, Licenses and Permits, Article II, Collateral Loan Brokers.

PERFORMANCE STANDARDS—A set of criteria and measurements which:

PERSONAL SERVICE—A facility engaged in providing service involving the care of a person or personal items. Examples of such facilities include, but are not limited to: barbershop; beauty parlor; catering service; dry-cleaning establishment (less than 4000 square feet); laundromat; photocopy and related printing service; tattoo parlor; tailor; etc.

PERSONAL INSTRUCTION AND IMPROVEMENT—The provision of informational, instructional, personal improvement and similar services. Examples of activities in this classification include, but are not limited to yoga, martial arts, driving school, job training, and other instructional classes.

PET GROOMING SHOP—A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed, except that no animals shall be kept, boarded, etc., overnight.

PLACE OF PUBLIC ASSEMBLY—All buildings or portions thereof, the spaces used or intended to be used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.

PLACE OF WORSHIP—A building or area owned and/or used by a religious organization for worship, training, or education.

PORCH/DECK—A structure, projecting out from or attached to the exterior wall of a principal building or structure, which may or may not have a roof but is often open to the weather.

PROFESSIONAL OFFICE—The office of one or more members of a recognized profession maintained for the purpose of conducting the business of that profession. Retail or commercial sales are not permitted. The business is licensed by New York State to engage in the trade as certified by the issued license. Example uses include, but are not limited to, offices for lawyers, architects, engineers, and accountants. This definition does not include an office where the principal activity is medical, dental and/or optical treatment. (See also "business office" and "professional office, health-related.")

PROFESSIONAL OFFICE, HEALTH-RELATED—A building or portion thereof accommodating the offices of an individual or group in the private practice of medicine, dental or optical services, physical therapy, and chiropractors. Primary services include examination, consultation and limited testing and treatment. For the purposes of this chapter these offices shall not provide emergency room or overnight patient service, any type of twenty-four-hour service, or retail sales. However, optical care products may be sold or serviced as part of an ophthalmologist's or optician's practice. For the purposes of this chapter, this definition is meant to distinguish between the larger and more diversified medical facility as defined in "clinic, medical, diagnostic or treatment center."

PRESCHOOL/DAY-CARE CENTER—See “Day Care.”

PROPRIETARY HOMES—See "adult residential care facility."

PUBLIC BUILDING—A structure, the majority of which is maintained and/or utilized by a public agency and allows access for the general public.

QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING—A lot or land or part thereof, used for the purpose of extracting stone, sand, gravel, topsoil and similar material as an individual or commercial operation, and exclusive of the process of excavation and grading in preparation for the construction of a duly authorized building, parking area or roadway. (See also "extractive use.")

RADIO AND TELEVISION TRANSMITTING STATION—A structure that is used for the transmission or reception of communication signals, but does not have a studio or production area. Accessory devices such as antennas and satellite dishes are permitted.

RADIO INSTALLATIONS, AMATEUR (HAMS)—Any devices, including poles, antennas, support towers and wires, placed in the yard area of a lot to be utilized by amateur radio operators licensed by the Federal Communications Commission.

RAIL FREIGHT TERMINAL—Any land or structure the use of which provides for the loading of cargo onto trains, the unloading of cargo from trains, or breaking down or aggregating freight into smaller or larger loads for transfer to other vehicles.

RAILROAD FACILITY—An area of land and any structure or portion thereof used for the transfer of railroad cars from one engine to another, associated repair and maintenance of the railroad cars and engines, and accessory structures.

RAILROAD RIGHT-OF-WAY—All of any area of land containing railroad tracks, sidings, car yards, classification yards and auxiliary facilities used or available to be used for train operations.

RAILROAD STATION—Any land or structure used for the selling of transport tickets, and/or boarding or exiting of trains, and/or incidental selling or dispensing of food and drink.

RECOVERY HOME—See "community residential facility."

RECREATION, INDOOR—A facility providing daily or regular scheduled recreation-oriented activities in an indoor setting. Examples of such facilities include, but are not limited to: billiard hall; bowling alley; concert venue; dance or music studio; health club; indoor rifle/pistol ranges; movie theater; personal instruction/training; and skating rink. See also “Recreation, Outdoor.”

RECREATION OUTDOOR—Land or facilities providing daily or regular scheduled recreation-oriented activities in an outdoor setting. Examples of such facilities include, but are not limited to: golf course or driving range; sports or athletic fields and stadiums; and boating or similar water-oriented uses. Does not include outdoor or drive-in theaters or automobile or animal racing tracks. See also “Recreation, Indoor.”

RECREATION USE, RACETRACK—Any ground, area or track, whether paved or unpaved, upon which races, contests or demonstrations of skill or stunts are conducted for the enjoyment or entertainment of the residents of the parcel, and/or their invitees, or for the gratification of the contestants, which employ all-terrain vehicles, go-karts, motor scooters, midget autos, motorcycles, or other motorized vehicles; this definition shall not be read to include the operation of riding lawnmowers, when being used to cut grass or perform lawn work, motorized wheelchairs or snow blowers.

RECREATION VEHICLES—Vehicles that can be used for recreation, such as boats, motor homes, all other types of campers, all-terrain vehicles, snow mobiles, and personal watercraft.

RENTAL SERVICE STORE—The use of any building or lot or portion thereof for the rental of new or used merchandise to the general public. Items to be rented include, but are not limited to, tents, wedding accessories, costumes, household cleaning equipment, and small machinery such as chain saws and weed whackers. This definition shall specifically exclude the rental of motor vehicles, recreational vehicles, and large heavy machinery.

REPAIR SHOP, SMALL APPLIANCES—Any building or structure utilized for the repair of small equipment such as toaster ovens, VCRs, televisions, watches, clocks, and microwaves, but specifically excluding large appliances such as laundry machines, refrigerators, stoves, and lawnmowers.

RESIDENTIAL STORAGE SHED—Any structure utilized for the storage of residential household equipment. See also § 410-19.

RESIDENTIAL VEHICLES—All passenger vehicles used on a normal day-to-day basis for personal activity. Residential vehicles shall not include construction vehicles, nonresidential trailers, dump trucks, paneled trucks, semi-trucks, tractor-trailers, excavation equipment, tow trucks, job trailers, front-end loaders, bulldozers, construction compressors or any other similar vehicle.

RESPITE CARE—Short-term care for members of the general public whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment.

RESPITE CARE FACILITY—Residential facility that provides respite care to members of the general public.

RESEARCH AND DEVELOPMENT—A facility involved primarily in the research and development of new products.

RESTAURANT, DRIVE-THROUGH—A use which, by design of facilities or procedures, encourages or permits customers to receive food service or products while remaining in their vehicle. A drive-through establishment may be either a primary or accessory use. For the purposes of this chapter, such use shall be considered a “Drive-through Business.”

RESTAURANT—An establishment where food is prepared and served to customers who are seated principally at tables and where any bar area does not remain open for alcohol consumption after food service has closed. Such facilities may also offer delivery and takeout services. For the purposes of this chapter, such use shall be considered an “Eating and Drinking Establishment.”

RETAIL BEVERAGE/RECYCLING CENTER—A facility whose principal purpose is the retail sale of beverages and the recycling of used cans and bottles. The recycling portion of the facility must occupy at least 25% of the building.

RETAIL CRAFT/HOBBY SHOP—A retail establishment in which the goods or services available have been made or are performed by a skilled worker who practices a recognized trade or handicraft, including but not limited to coopers, cabinetmakers and furniture makers, potters, ceramists, glassblowers, silversmiths, jewelry makers, antique and furniture finishers, restorers or reupholsterers. Such establishments may include workshop areas as an accessory use, provided the establishment maintains a retail storefront.

RETAIL DRIVE THROUGH—A use which, by design of facilities or procedures, encourages or permits customers to receive service or obtain products while remaining in their vehicle. A drive-in establishment may be either a primary or accessory use.

RETAIL FOOD SALES—A retail facility established to accommodate the food shopping needs of a neighborhood and providing basic commodities such as fresh food, groceries, packaged food, produce, and a limited menu of prepared food for takeout. Examples of such facilities include, but are not limited to: butcher, delicatessen, specialty food store, grocery store, health food store, and retail bakery. This definition is distinct from “Convenience Store” and “Eating and Drinking Establishment” as defined in this chapter.

RETAIL, GENERAL—See “General Retail”

RETAIL NEIGHBORHOOD CONVENIENCE OUTLET—A small retail facility established to accommodate the shopping needs of a limited area or neighborhood and providing basic commodities and personal services needed on a day-to-day basis. The total square footage of such facility shall not exceed 900 square feet.

RETAIL OR SERVICE BUSINESS, GENERAL—A facility established and operated to provide for the broad or more specialized shopping and service needs of a large population base and drawing market support from several neighborhoods, the entire City or the surrounding region.

RETREAT HOUSE—Any establishment which provides facilities generally including food and lodging, for group religious, meditation, instructional or other group study purposes.

RIFLE AND PISTOL RANGE, COMMERCIAL INDOOR—A commercial establishment used for the firing of rifles or pistols aimed at targets, within a fully enclosed building.

RINGLEMANN CHART—A chart described in the United States Bureau of Mines Information Circular 6888 or its successor, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke.

RINGLEMANN NUMBER—The number appearing on the Ringlemann Chart ascribed by the observer to the density of the smoke emission. Where the density of the light-obstructing capacity of the smoke as observed falls between two consecutive Ringlemann numbers, the lowest number shall be considered the density of the smoke observed.

ROOF-MOUNTED SOLAR ENERGY SYSTEM—A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for onsite or offsite consumption.

ROOMING HOUSE—A building other than a single-family residence, originally constructed for the provisions of lodging rooms with or without meals but with no cooking facilities in the individual rooms, for at least three but not more than 10 persons; a lodging house.

SCHOOLS, BUSINESS/COMMERCIAL/TRADE/VOCATIONAL—Noncollegiate public or private institutions offering specialized business, commercial and/or clerical courses or similar curricula, but not academic training.

SCHOOLS, COLLEGES, UNIVERSITIES AND PROFESSIONAL—Public or private institutions of higher learning authorized to grant academic degrees, associate academic degrees, certificates and/or diplomas, and requiring for admission at least a high school diploma or equivalent general academic training; also includes off-campus sites controlled by the college.

SCHOOL, NURSERY—A facility established to provide daytime care or instruction for two or more children under six years of age and operated on a regular basis, whether or not for profit.

SCHOOL, PRIVATE—A building or buildings, or part thereof, controlled and operated by a religious or other organization, whether or not for profit, and offering a program or curriculum which meets state requirements for kindergarten, primary, secondary or higher education and which does not secure the major part of its funding from property taxation or governmental agencies.

SEASONAL SALES—The sale of seasonal items such as Christmas trees, holiday and seasonal decorations, and lawn ornaments for a period of less than one month per year from a residence or commercial establishment.

SELF-SERVICE STORAGE WAREHOUSE—Any building or group of buildings comprised of one or more individual storage compartments, which are rented or leased to individuals or businesses for storage of nonhazardous materials, personal property and equipment.

SENIOR HOUSING—enior housing, also known as senior living communities or retirement communities, are multiple-unit residential developments designed for persons 55 and older. Senior housing may include a range of housing options, such as apartments, cottages, condominiums, or detached dwelling units. Residents include those who do not require assistance with daily activities or 24/7 skilled nursing.

SETBACK—The required minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the building, including terraces or any covered projection thereof, excluding steps.

SHOPPING CENTER—Any group of more than two commercial uses which:

SIGN—Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixture, colors, illumination or projected images. "Sign" does not include the flag of any nation, state or city, or fraternal, religious or civic organizations. "Sign" does not include merchandise, pictures or models of products or services incorporated in a window display, works of art which in no way identify a product or scoreboard located on an athletic field.

SITE PLAN—A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in Article IX of this chapter, which shows the arrangement, layout and design of the proposed use as shown on said plan. A detailed site plan shall be submitted with each application for a permit. The site plan must include but is not limited to: all buildings, structures, and appurtenances on site and their use or function; all uses adjacent to the property lines of the site; the locations of all storm drain openings, adjacent waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and the scale of the site plan.

SITE SELECTION LAW (PADAVAN BILL)—State legislation designed to set out procedures superseding local zoning ordinances for the site selection of certain types of community residence (group home) facilities in municipalities. The procedure involves the sponsoring agency notifying the chief executive officer of the municipality where the proposed residence is to be located and giving the officer the opportunity to comment on the proposal. Once a residence has successfully completed the site selection process, it is considered a family unit and is subject only to the regulations in this chapter governing those units. Those community residences governed by the site selection law are noted in this chapter. Other residences not subject to this law must comply with the special conditions associated with their use.

SLEEPING UNIT—A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms may have a lockable door and be rented, let or leased on an individual basis. Structures, or single units within a structure that contain sleeping units are not “Dwelling Units”.

SOCIAL SERVICES—Organizations that provide support services for specific populations or the community at large. Also includes facilities that provide transient housing related to social service programs. This definition shall include the following uses, as defined in this chapter: “Alcohol or drug rehabilitation facility,” “Community Residential Facility,” “Human Service Agency,” and “Methadone Facility.”

SOLAR ACCESS—A property owner's right to have sunlight shine on his or her property.

SOLAR ENERGY EQUIPMENT—Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM—An electrical generating system composed of a combination of both “Solar Panels” and “Solar Energy Equipment” as defined in this chapter.

SOLAR PANEL—A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SPECIAL CONDITION—A use which will be permitted in a particular zoning district only when it is determined that any conditions or standards which may be applied to such use have been met. (See § § 410-29 and 410-34.)

SPECIAL USE PERMIT—Permit required for land uses and activities that are likely to have a broad and significant impact on the physical, environmental, social or economic character of the surrounding neighborhood and the City. Review of, and decision on, any special use permit shall be made by the Planning Commission.

SPECIFIC ANATOMICAL AREAS—Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; and human male genitals in discernibly turgid state, even if completely and opaquely covered.

SPECIFIC SEXUAL ACTIVITIES—Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals or pubic region, buttocks or female breast.

SPONSORING AGENCY—A person, nonprofit agency or governmental unit that plans to establish a residential facility to care for mentally ill, retarded or developmentally disabled persons or persons with alcohol and substance abuse problems.

STADIUM—An open air area where sporting events, contests, concerts, and other similar events are held and which provides permanent seating.

STORAGE, OUTDOOR—Land outside any building or roofed area used for the keeping of goods, supplies, raw materials or finished products.

STREET—An existing federal, state, county, or City highway, road or street, or a way shown upon a subdivision plat approved by the City Planning Commission, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the City Planning Commission and the grant to such Commission of the power to approve subdivision plats.

STREET FRONTAGE—See "frontage."

STREET LINE—The right-of-way line separating the street area from abutting property.

STRUCTURE—A building or anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

STRUCTURE ALTERATION—See "alterations."

STUDIO/ART GALLERY—The workshop and/or gallery of an artist, sculptor, or photographer. Such use may be open to the public and include sales.

STUDIO/EFFICIENCY APARTMENT—A one-bedroom efficiency dwelling used as a single housekeeping unit, containing complete kitchen, bathroom, and toilet facilities.

SUBDIVISION—The division of any parcel of land into four or more lots, plots, sites, or other divisions of land for immediate or future sale or for building development with or without streets or highways, and including resubdivision; a redivision of a lot, tract or parcel of land by any means, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs of devisees, transfers of ownership or building or lot development.

SUPERMARKET—See “Retail Food Sales”

SWIMMING POOL, PRIVATE—Any body of water or receptacle for water having a depth at any point greater than two feet, constructed, installed or maintained in or above ground, outside a residential building as an accessory use to a residence for swimming or bathing by the occupants thereof and guests.

TAVERN—An establishment where alcoholic beverages are sold to be consumed on the premises, but not including restaurants where the principal business is the serving of food, that may or may not have live entertainment. Such establishments may contain a stage, staging area and/or designated dance floor. For the purposes of this chapter, such use shall be considered an “Eating and Drinking Establishment.”

TAVERN, NONALCOHOLIC—Often referred to as "juice bars"; an establishment which exclusively serves nonalcoholic beverages. Clientele can include adults or minors below the age of 21. A nonalcoholic tavern may or may not have live dancing of undressed or semidressed persons.

TELEPHONE SWITCHING FACILITY—A telephone facility containing switching equipment where no public business offices, no repair facilities, except for equipment maintained in the building, and no storage or warehouse is maintained.

TELECOMMUNICATIONS FACILITY—See § 410-42.

TEMPORARY STRUCTURE—Any structure which is erected to be in place for not more than six months, including but not limited to tents, portable bandstands, reviewing stands, bleachers, mobile office units, construction sheds, sales offices for lots or dwellings, or other structures of a similar character. Human occupancy of temporary structures is not permitted.

TERRACE—An uncovered flat platform of earth with or without a surface material or retaining walls.

THERAPEUTIC MASSAGE OFFICE—A business whose principal function is massage therapy. The business must be licensed by New York State to engage in the trade as certified by the issued license.

THRIFT SHOP/SECONDHAND STORE—A retail establishment that specializes in the sale of used merchandise.

TOWING SERVICE—A business that specializes in towing or transporting disabled or wrecked vehicles, freeing vehicles stuck in the snow or mud, and similar activities. A towing service may also be an accessory use to an automobile repair shop.

TOWNHOUSE—A one-unit dwelling constructed in a group of two or more attached units, each on its own lot, in which each unit extends from foundation to roof.

TRAILER, TRAVEL OR CAMPING—A vehicle or portable structure designed and constructed for temporary dwelling purposes which may contain cooking, sanitary and electrical facilities and is normally transported from place to place by its owner. A trailer is not to be used as for residential occupancy and is limited to temporary use only; a recreation vehicle or motor home.

TRANSFER STATION, SOLID WASTE OR CONSTRUCTION AND DEMOLITION DEBRIS—An establishment utilized for the temporary storage of debris from demolished buildings or structures, from which such material is transported to landfill and other disposal sites.

TRANSFER STATION/REDEMPTION CENTER, RECYCLABLE MATERIALS—A completely enclosed facility for the bulk sorting and/or packaging of glass, paper, and other light recyclable materials.

TRANSIENT RESIDENT—A person who pays for sleeping accommodations in a commercial, profit-making hotel, motel or tourist home for a period of seven or fewer consecutive nights; a transient guest.

TRANSPORTATION SERVICE—A facility that offers services related to personal transportation needs. Such facilities may have an office or dispatch center, have open or enclosed vehicle storage, have passenger terminals, and offer sales of transportation tickets. Such facilities may conduct repairs of service vehicles and offer incidental retail sales of food or beverages.

UNREGISTERED and/or UNLICENSED VEHICLES—Any vehicle, including a tractor and/or trailer, without a currently valid license plate or plates or which is in either a wrecked, discarded, dismantled, inoperative or abandoned condition and is not in a condition where it may be used on a public highway. An expired inspection sticker or lack of current inspection sticker shall be presumptive evidence that a vehicle is not in a condition capable of being used on a public highway. Vehicles capable of being driven on a public highway and offered for sale by an automobile dealer duly licensed or not licensed by the New York State Department of Motor Vehicles to sell automobiles shall not be considered “unregistered and/or unlicensed vehicles” when offered for sale at the dealer's place of business as stated in its application for an automobile dealer's license to the Commissioner of Motor Vehicles.

USE, NONCONFORMING—See "nonconforming use or activity."

USE, PRINCIPAL—The primary or principal purpose for which land, water, or a building is designed, arranged or intended to be used, or for which it is or may be occupied or maintained; land use or activity.

VARIANCE, AREA—Zoning Board of Appeals authorization of a deviation(s) from restrictions concerning the dimensional or physical requirements of applicable zoning regulations and/or upon construction and placement of buildings and/or structures which are employed to serve a permitted statutory use.

VARIANCE, USE—Zoning Board of Appeals authorization of a departure from the literal requirement(s) of this chapter in utilization of land for a purpose prohibited herein.

VEHICLE FUEL STATION—A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease (for operation of motor vehicles), or minor accessories retailed directly to the public on the premises and where the servicing or minor mechanical repair of automobiles, or installation of mufflers or other specialty items, may occur. Limited retail sales of convenience items may be offered within an associated shop. Automobile fuel stations shall not include sale or storage of vehicles or trailers, new or used. The facility must be licensed by the New York State Department of Motor Vehicles.

VEHICLE IMPOUND YARD—Any lot or piece of land, including buildings, at which registered motor vehicles are impounded awaiting reclamation by their owners or transfers of vehicle title resulting from failure of reclamation by the owners. This term shall not include any vehicle dismantling or scrap metal processing and shall be distinguished from "junkyard" and "off-street parking garage." For the purposes of this chapter, this shall use shall be considered “General Industry.”

VEHICLE REPAIR/SERVICE—A facility involved in the repair and service of passenger vehicles, light and medium trucks and other consumer vehicles such as motorcycles, boats and recreation vehicles. Examples of such facilities include, but are not limited to: vehicle detailing business; vehicle service station; and vehicle washing. This use shall not involve the repair or servicing of commercial vehicles or heavy vehicles/equipment, which shall be considered “Light Industry.”

VEHICLE SALES/RENTAL—A facility involved in the sales, rental or leasing of new or used passenger vehicles, light and medium trucks, and other consumer vehicles such as motorcycles, boats and recreation vehicles.

VEHICLE SALVAGE FACILITY—A building in which motor vehicles or parts thereof are dismantled in accordance with state regulations and licensing. This term shall not include dismantling conducted outdoors, with the exception of fuel tank removal as may be required by applicable fire safety regulations, nor shall this term include the outside storage of unregistered motor vehicles, motor vehicle hulks or parts, or other junk or discarded material. This term shall be distinct from the term "junkyard." The facility must be licensed by New York State Department of Motor Vehicles. For the purposes of this chapter, this shall use shall be considered “General Industry.”

VISION CLEARANCE TRIANGLE—An area at street intersections which is to be kept free from visual obstructions so as to promote the safe movement of vehicular traffic. (See also § 410-17A.)

WAREHOUSE—An establishment for the storage of goods and/or merchandise.

WAREHOUSE AND DISTRIBUTION—A facility involved in the storage or movement of goods for themselves or other firms/companies.

WASTE-RELATED SERVICES—Characterized by uses that receive solid or liquid wastes or recycle materials (e.g. glass, plastic or paper products) from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. This definition shall not include “Junkyard.”

WAYSIDE STAND—A temporary structure, generally seasonal with the exception of a tent, designed for the display and sale of agricultural products, including barbecues and lunch stands.

WHOLESALE TRADE AND STORAGE—An establishment or place of business engaged in the storage and selling of merchandise for or to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers, or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. This shall exclude lumber yards, building supply and garden supply centers engaged in sales of such materials primarily to the public.

YARD—An open area on a lot which is open to the sky and is unoccupied by any land use or activity except as may otherwise be provided in this chapter.

YARD, FRONT—A yard extending across the entire width of the lot between the front lot line and the front yard line.

YARD LINE—An imaginary line which is parallel to the lot line along which a required yard must extend and which is not nearer to said lot line than the required minimum yard width or depth as set forth in this chapter.

YARD, REAR—A yard extending across the full width of the lot between the rear yard line and the rear lot line.

YARD, SIDE—A yard extending from the front yard to the rear yard and between the side yard line and the side lot line.

ZONING MAP—The map or maps that are part of this chapter as set forth in Article III.

ZOO/AQUARIUM—An establishment that displays living animals or plants to the public, usually for a fee.

§ 410-6. Zoning district map. [Amended 12-19-11 by LL. No. 11-005]

Zoning districts are bounded and defined as shown on the map entitled "Zoning Map, City of Binghamton, New York," dated March 2008, which map, and all amendments thereto, is adopted as part of this chapter and which, with all explanatory matter and dimensions thereon, is hereby made a part of this chapter and included herein.

§ 410-7. Certification and inspection of map.

The original of the Zoning Map, City of Binghamton, New York, dated, March 2008, shall be certified by the Director of the Planning Department. All changes and amendments to said map shall be promptly made by the Planning Department staff as directed by the City Council. The original of such Zoning Map and all amendments thereto shall remain on file in the Planning Department. Copies of the map shall be on file in the Office of the City Engineer, the Office of Building and Construction, and the Office of the City Clerk and shall be made available for public inspection and use during City office hours.

§ 410-8. Establishment of boundaries.

The following principles are intended to apply to the location of zoning district boundaries:

§ 410-9. Annexed land.

Any land added to the incorporation area of the City of Binghamton by annexation shall be automatically classified in the R-1 Residential Single-Unit Dwelling District for zoning purposes pending adoption of a permanent zoning district designation.

§ 410-10. Types of districts. [Amended 12-19-11 by LL. No. 11.005]

The following types of zoning districts are hereby created and established in the City of Binghamton for the intent and purpose described below:

§ 410-11. Applicability.

Except as may be provided elsewhere in this chapter to the contrary, the general regulations set forth in this Article IV shall apply to land use and development in the City of Binghamton. No land or building shall hereafter be used or occupied and no building or part thereof shall hereafter be constructed, enlarged or its use altered unless such action is in conformance with applicable regulations specified in this Article IV, in addition to the general and special regulations for the zoning district in which said action occurs.

§ 410-12. Lot regulations. [Amended 8-7-2013 by Ord. No 13-49]

§ 410-13. Yards and open space. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-14. Fences, hedges and walls. [Amended 12-18-19 by Ord No. 19-157]

§ 410-15. Exceptions to height regulations.

§ 410-16. Street frontage.

No permit shall be issued for any land use or structure unless the lot on which such land use is to be established, or structure is to be built, has at least 20 feet of frontage on, or a twenty-foot easement giving access to, an improved public street, which frontage or easement provides direct vehicular access to such land use or structure. For purposes of this chapter this twenty-foot width limitation does not apply to a townhouse subdivision.

§ 410-17. Visibility at intersections. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

Fig. 1: Visibility at Intersection

§ 410-18. Landscape Buffer areas. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-19. Accessory buildings and uses. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord. No 19-157; Amended 3-1-23 by Ord. No. 23-37]

§ 410-20. Preexisting conditions.

Nothing in this chapter or any amendment thereto shall be construed as changing the plans or use of present buildings, or the construction, use or occupation of any building for which a building permit has heretofore been issued. All plans heretofore filed and approved, ratified, and confirmed and the rights to construction thereunder are hereby vested in the holders thereof.

§ 410-21. Intent.

The intent of this Article V is to protect public health, safety and general welfare in the City of Binghamton by:

§ 410-22. Applicability.

Standards and procedures set forth in this Article V shall apply to all affected land use activities, as applicable, in all zoning districts in the City of Binghamton. No land use activity regulated by the provisions of the article shall be construed to be permitted, and no building and use permit issued, until there is compliance with the specific provisions as set forth herein.

§ 410-23. Floodplain management.

A floodplain development permit shall be obtained from the Planning Commission before the start of construction or any other development within the area of special flood hazard as set forth in Chapter 240, Flood Damage Prevention.

§ 410-24. Performance standards. [Amended 7-20-09 by Ord. No. 23-2009; Amended 12-19-11 by LL. No. 005; Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

Table 1
Maximum Permissible Continuous Sound Levels by Receiving Property Category (DBA)

§ 410-25. Intent. [Amended 8-7-2013 by Ord. No 13-49]

The intent of this Article VI is to identify the types of land uses which are permitted in the three residential zoning districts in the City of Binghamton. A list has been created which specifies the zoning district(s) in which each land use is allowed. Certain uses are permitted by right, while others require a special use permit from the Planning Commission. All uses are subject to the Article IX Site Plan Review and Approval. Bulk and density regulations for each zoning district are also established.

§ 410-26. General provisions. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-27. Schedule I: Land Uses in Residential Zoning Districts. [Amended 3-2-09 by Ord. No. 9-2009; Amended 8-7-2013 by Ord. No 13-49; Amended 2-3-2016 by Local Law 16-02; Amended 12-18-19 by Ord No. 19-157; Amended 10-19-2022 by Ord No. 22-143]

The following uses are permitted in residential zoning districts:

§ 410-27.1 Urban Village Overlay District [Added 12-19-11 by LL No. 11-5]

UVO Urban Village Overlay District. The use permitted by right and with Planning Commission approval in the underlying zoning districts are permitted in the Urban Village Overlay District, subject to the same reviews and conditions; additionally, uses within the Urban Village Overlay District shall be subject to the Urban Village Overlay District design guidelines, as listed in § 410-24 above.

§ 410-28. Schedule IA: Bulk Requirements in Residential Zoning Districts. [Amended 12-18-19 by Ord No. 19-157]

The following bulk requirements apply to residential zoning districts:

§ 410-29. Special conditions for certain land uses in residential districts. [Amended 3-2-09 by Ord. No. 9-2009; Amended 8-7-2013 by Ord. No 13-49; Amended 2-3-2016 by Local Law 16-02; Amended 12-18-19 by Ord No. 19-157]

The following are special conditions that apply to certain land uses as noted in § 410-27, above:

§ 410-30. Intent [Amended 8-7-2013 by Ord. No 13-49.]

The intent of this Article VII is to identify the types of land uses which are permitted in the commercial and industrial zoning districts in the City of Binghamton. A list has been created which specifies the zoning district(s) in which each land use is allowed. Certain uses are permitted by right, while others require a special use permit from the Planning Commission. All uses are subject to the Article IX Site Plan Review and Approval. Bulk and density regulations for each zoning district are also established.

§ 410-31. General provisions [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-32. Schedule II: Land Uses in Commercial and Industrial Zoning Districts. [Amended 8-7-2013 by Ord. No 13-49; Amended 10-23-2013 by Ord. No 13-77; Amended 2-3-2016 by Local Law 16-02; Amended 12-18-19 by Ord No. 19-157; Amended 10-19-2022 by Ord No. 22-142&Ord No. 22-143]

§ 410-33. Schedule IIA: Bulk Requirements in Commercial and Industrial Zoning Districts. [Amended 12-18-19 by Ord No. 19-157]

The following bulk requirements apply to commercial and industrial zoning districts:

§ 410-34. Special conditions for certain land uses in commercial and industrial zoning districts. [Amended 7-20-09 by Ord. No. 23-2009; Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

The following are special conditions that apply to certain land uses as noted in § 410-32, above:

§ 410-35. Intent. [Amended 12-18-19 by Ord No. 19-157]

The intent of this Article VIII is to set forth supplemental regulations, procedures and conditions which shall apply to certain actions, pursuant to § 410-45A, in the City of Binghamton. No new construction (with the exception of detached one, two, and three unit houses), nor any land use requiring Planning Commission Review and Approval of a site plan or special use permit is permitted by right and such is considered to be sufficiently distinctive in terms of its nature, location, and potential impact on the general welfare of the surrounding area as to warrant special review and evaluation of each individual permit application.

§ 410-36. Applicability. [Amended 3-2-09 by Ord. No. 9-2009; Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-37. Jurisdiction. [Amended 12-18-19 by Ord No. 19-157]

Building permits and certificates of occupancy associated with any action listed in § 410-45A shall be authorized by the Planning Commission, except for those uses which require City Council authorization, as specifically set forth in § 410-29 and § 410-34 of this chapter.

§ 410-38. Existing uses. [Amended 12-18-19 by Ord No. 19-157]

Where the use of a building, structure or lot lawfully exists on the effective date of this chapter, or any amendment thereto, and is classified in Schedule I (§ 410-27) or II (§ 410-32) as a use requiring a special use permit, such use shall continue as a legally preexisting use. Any expansion or major alteration of such legally preexisting use shall, however, require Planning Commission Review and Approval in accordance with the provisions of § 410-39 of this chapter and shall comply with the applicable requirements of this Article VIII.

§ 410-39. Procedure. [Amended 3-2-09 by Ord. No. 9-2009; Amended 8-7-2013 by Ord. No. 13-49; Amended 10-4-2017 by Ord. No. 17-59; Amended 12-18-19 by Ord No. 19-157]

§ 410-40. General requirements [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-41. Additional requirements for certain land uses. [Amended 7-20-09 by Ord. No. 23-2009; Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157; Amended 10-19-2022 by Ord No. 22-143]

§ 410-42. Telecommunications facilities and towers. [Amended 12-18-19 by Ord No. 19-157]

§ 410-43. Intent. [Amended 12-18-19 by Ord No. 19-157]

The intent of this Article IX is to provide for the review of site plans for certain uses to preserve and enhance the character of neighborhoods, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, and improve the overall aesthetic quality of the City.

§ 410-44. Applicability. [Amended 12-18-19 by Ord No. 19-157]

Any establishment of a land use or activity shall comply with the standards and procedures of this Article IX, except as provided by 410-45.C.

§ 410-45. Categories of review. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

Those uses for which planning approval must be obtained in accordance with the provisions of this Article IX shall fall into one of the following categories:

§ 410-46. Procedure. [Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157]

§ 410-47. Standards for approval of site plans.

In reviewing applications for approval of site plans, the reviewing agency will be guided by the existing characteristics and conditions of the site and its surroundings and the particular requirements of the applicant. Elements of concern will include, but not be limited to:

§ 410-48. Modification of certain regulations. [Amended 12-18-19 by Ord No. 19-157]

§ 410-49. Appeals. [Amended 12-18-19 by Ord No. 19-157]

§ 410-50. Intent. [Amended 12-21-11 by Ord. No. 11-51; Amended 8-7-2013 by Ord. No 13-49]

It is the intention of this article that all land uses and activities in the City of Binghamton be provided with sufficient off-street motor vehicle parking to meet the needs of persons associated with such land uses and activities and sufficient off-street loading facilities that are designed and maintained to adequately serve the needs of such land uses and activities while protecting the health, safety and general welfare of the citizens and environment of the City of Binghamton.

§ 410-51. Standards. [Amended 12-21-11 by Ord. No. 11-51; Amended 8-7-2013 by Ord. No 13-49; Amended 12-18-19 by Ord No. 19-157; Amended 10-19-2022 by Ord No. 22-143]

Off-street parking and off-street loading provisions of the article shall apply as follows:

§ 410-52. Definitions.

As used in this article, the following terms shall have the meanings indicated:

DUMPSTER—A watertight container constructed of impervious material and provided with a cover or covers of like material which is intended and designed to be used for the retention or storage of garbage, refuse or recyclable materials. This term shall not include containers having a maximum capacity of 60 gallons or less.

FLOOR AREA—For the purposes of determining the required number of parking spaces, floor area shall be measured in accordance with the definition provided for "floor area ratio."

FLOOR AREA RATIO—The numerical value obtained by dividing the total floor area of the building or buildings on the lot by the area of such lot.

FOOTCANDLE—One lumen per square foot; unit of illuminance used to measure the amount of light emitted by lamps.

IMPERVIOUS—Any nonorganic material that prohibits penetration by liquids or other soluble materials.

OPAQUE—Any nontranslucent, nonliving material that provides a visual barrier from one side to the other.

§ 410-53. Off-street parking requirements by land use. [Amended 8-7-2013 by Ord. No 13-49; Amended 2-3-2016 by Local Law 16-02; Amended 12-18-19 by Ord No. 19-157]

Required spaces. The minimum number of off-street parking spaces required for land uses or activities permitted by this chapter shall be as set forth in Schedule III, which is hereby adopted and made part of this article.

§ 410-54. Size and access. [Amended 12-21-11 by Ord. No. 11-51; Amended 12-18-19 by Ord No. 19-157]

Each required off-street parking space shall conform to the dimension requirements outlined in Section 410.54. Each parking space shall have direct and functional access to a street and, except for one-and two-family dwellings, shall not require the backing of any vehicle across a sidewalk or into a street right-of-way.

Fig. 2: Dimensional Parking Requirements Diagram

§ 410-55. Design and maintenance. [Amended 12-21-11 by Ord. No. 11-51; Amended 12-18-19 by Ord. No 19-157]

Fig. 3: Landscape Buffer and Interior Landscape Islands Example

Fig. 4: Bicycle Parking Dimensional Requirements Diagram

§ 410-56. Dumpsters and dumpster enclosures.

§ 410-57. Off-street loading requirements.

§ 410-58. Purpose and intent.

The purpose of this article is to promote the public health, safety, and welfare by establishing content neutral standards and criteria for the construction, installation, maintenance, and operation of outdoor advertising, outdoor advertising signs, and outdoor signs of all types in the City of Binghamton, which are subject to the provisions of this article. It is the further purpose to provide for the removal of those signs that do not comply with these regulations. More specifically, this article is intended to:

§ 410-59. Application Process; Categories of Review.

§ 410-60. Sign Permit Required; Fees. [Amended 12-18-19 by Ord No. 19-157]

§ 410-61. Definitions. [Amended 12-18-19 by Ord No. 19-157]

A. As used in this article, a “sign” is any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or project images. “Sign” does not include the flag of any nation, organization of nations, state or city, or fraternal, religious or civic organizations. “Sign” does not include merchandise; works of art which in no way identify a product; or scoreboards located on athletic fields.

B. The following words and phrases used in this Sign Code shall have the following meanings:

ABANDONED SIGN—A sign which for a period of at least 30 consecutive days or longer no longer advertises or identifies a legal business establishment, product, or activity. See also “Landmark Status Sign.”

ACCESSORY SIGN—A sign which is intended solely for the purposes of providing information to pedestrians and vehicles, and which does not include any commercial or advertising content.

(1) Directional Sign—A permanent accessory sign located on private property at or near the public right-of-way, directing or guiding vehicular traffic onto the property and/or toward parking or other identified locations on the property.

(2) Instructional Signs—A sign clearly intended for instructional purposes, as determined by the Zoning Enforcement Officer, shall not be included in the permitted sum of the sign area of identification wall signs, provided such sign is not larger than necessary to serve the intended instructional purpose, and such sign is not in a location, nor includes design characteristics, that constitute or serve the purposes of an identification sign.

(3) On-Site Informational Sign—A sign commonly associated with, and limited to, information and directions necessary or convenient for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, rest rooms, pickup and delivery areas and the like.

ALTERATION—Any change in copy, color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration.

ANIMATED SIGN—A sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance in a manner that is not permitted by these regulations.

AREA OF SIGN—The area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame, or forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled. Refer to measurement standards in § 410-61 below.

AWNING—A shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.

AWNING SIGN—Any sign painted on or attached to or supported by an awning.

BANNER SIGN—A lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constricted of non-durable materials, including, but not limited to, cardboard, cloth and/or plastic, and is subject to the requirements of § 410-67.2. Banner signs are typically considered temporary, but may be considered as permanent signage under special circumstances, such as when used for vertical, projecting signs.

BILLBOARD or POSTER PANEL—An off-premises advertising sign.

BUILDING IDENTIFICATION SIGN—Any sign containing the name or address of a building and may include hours of operation and emergency information, such sign being located on the same site as the structure.

BUSINESS FAÇADE—The linear length of a business unit’s space. For multi-tenant buildings, the portion of such building that is owned, or leased by a single tenant, shall be considered a separate business façade.

BUSINESS FAÇADE, PRIMARY—The primary façade shall be considered the portion of any façades containing primary public entrance(s) to the building or building units.

BUSINESS FAÇADE, SECONDARY—The secondary façade shall included façades containing secondary public entrances to the building or building units, and all walls facing a public street or primary parking area not designated as the primary façade by above.

Fig. 5: Primary and Secondary Façade examples

BUSINESS UNIT—The area in a building, or portion thereof, occupied by a single business entity; tenant space.

CABINET SIGN—A permanent sign that is mounted on the face of a building that provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglas/lexan face; may be roughly rectangular in shape or may roughly follows the shape of the text of the sign. Also known as a “lightbox” sign.

CANOPY—A permanently roofed shelter, other than the building roof, covering a sidewalk, driveway, or other similar area, which is supported by the building to which it is attached.

CANOPY SIGN—Any permanent sign attached to or constructed underneath a canopy. These signs are below a projecting structure which extends over the pedestrian walkway which effectively prevents the wall signs for being visible to the pedestrian walking under the canopy.

CAUD—Commission on Architecture and Urban Design; see Chapter 18, Boards, Commissions and Committees, Article VI, of the Code of the City of Binghamton.

CHANGEABLE COPY SIGN—A sign or portion thereof on which the copy or symbols change manually through placement of letters or symbols on a panel mounted in or on a track system. See also Electronic Messaging Center sign.

CONSTRUCTION SIGN—A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.

ELECTRONIC MESSAGING CENTER (EMC) SIGN—A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text, including any sign or portion of a sign that uses changing lights or similar form of electronic display such as LED to form a sign message or messages with text and or images wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. This definition includes without limitation television screens, plasma screens, digital screens, flat screens, video boards, and holographic displays. See also “Static LED Display.”

FREESTANDING SIGN—Any sign which is permanently affixed in or upon the ground, supported by one or more structural members; this shall include Ground Signs, Pole Signs, and similar.

FREESTANDING VERTICAL BANNER SIGN—A temporary, freestanding vertically-oriented banner sign attached to a single vertical pole, supported by crossbar base or tipped with a ground spike.

FOOTCANDLE—A measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot.

GOVERNMENTAL SIGN—A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

GRADE—The level of the site at the property line located at the closest distance to the sign.

GROUND SIGN—A sign erected on a freestanding base or structure (such as, but not limited to: concrete, masonry, wood, or stone) approximately the same dimensions as the sign face, and not attached to any building. See also Freestanding Sign and Pole Sign.

HALO LIGHTING—A method of sign illumination that consists of a light source external to the sign or sign elements and mounted behind the sign or sign elements. A halo lit sign shall be comprised solely of opaque letters or other sign elements, so that the light does not appear to emit from within or through the letters or other sign elements.

HEIGHT OF SIGN—The measurement from the base of the sign to its highest element; measured as set forth in § 410-61 below.

HISTORIC DISTRICT—The regulation of signs in historic districts shall be subject to the additional provisions provided in Chapter 18, Boards, Commissions and Committees, Article XII, Landmarks Preservation Commission, of the Code of the City of Binghamton.

HOLIDAY DECORATIONS—Signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays or holiday seasons.

ILLEGAL SIGN—Any sign placed without proper approval or permits as required by this Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with any applicable provisions of this Code.

ILLUMINATED SIGN—Any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing or radiating signs.

LANDMARK STATUS SIGN—Abandoned signs which have been determined by the Commission on Architecture and Urban Design (CAUD) to have historical significance for the City; these signs are exempt from the removal requirements of other abandoned signs.

LENGTH OF FAÇADE

(1) For measurement purposes, the length of any primary or secondary façade as defined herein, shall be the sum of all wall lengths parallel, or nearly parallel, to such façades excluding any such wall length determined by the Zoning Enforcement Officer or Planning Commission as clearly unrelated to the façade criteria.

(2) The business façade for a building unit shall be measured from the centerline of the party walls defining the building unit.

LOGO, LOGOGRAM, or LOGOTYPE—An emblem, letter, character, pictograph, trademark, or symbol used to represent any firm, organization, entity, or product.

MARQUEE—A permanent rooflike shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way.

MARQUEE SIGN—Any sign painted on or attached to or supported by a marquee. A marquee sign shall not project beyond the supporting marquee more than six (6) inches.

MERCHANDISE ADVERTISING SIGN—Any point-of-purchase sign or advertisement located in immediate proximity to merchandise for sale or the business or service offered, describing such merchandise or service, its price and any terms of sale. This shall not include the following: any labeling or product information applied by the manufacture directly to the product; any changeable copy type signage or off-premises advertising signage; or any political and/or noncommercial sign.

(1) Exterior merchandise advertising sign. Any merchandise advertising sign located outside of a structure; may be attached to an exterior façade of a structure or secured to a freestanding pole or other support structure.

(2) Window merchandise advertising. Any merchandise advertising sign applied or attached the exterior or interior surface of the window, or within 12 inches of the window through which it can be seen. These sign include, but are not limited to: product signs, illuminated and neon alcohol advertising signs, illuminated ATM signs, Western Union or similar signs.

MURAL—A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business.

NEON SIGN—A sign with tubing that is internally illuminated by neon or other electrically charged gas.

NONCOMMERCIAL SIGN—Any sign (including, but not limited to: political signs, statements of opinion, no trespassing signs, and similar) designed for the purpose of any noncommercial expression not related to the advertisement of any product, item for sale, or service or the identification of any business.

NONCONFORMING SIGN—A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Code.

OFF-PREMISES ADVERTISING SIGN—Any sign identifying or advertising goods, products, services or facilities offered at a different location from where the sign is installed.

ON-PREMISES ADVERTISING SIGN—Any sign identifying or advertising a business, person, activity, goods, products or services located on the premises on which the sign is installed.

POLE SIGN—A sign that is mounted on a freestanding pole or similar supports, with air space between the ground and the sign face. See also Freestanding Sign and Ground Sign.

POLITICAL SIGN—See “Noncommercial Sign.”

PORTABLE READER SIGN—A sign which is not structurally attached to the ground or to a building, but which is mounted on a trailer, platform, legs or other device which may be moved from one location to another. This does not include Sandwich Board signs or Vertical Banner signs as separately defined herein.

PROJECTING SIGN—A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. See also Canopy sign.

REAL ESTATE SIGN—Any nonpermanent sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information.

REVOLVING OR ROTATING SIGN—An animated sign.

ROOF SIGN—Any sign erected upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a building or structure.

SANDWICH BOARD SIGN—A freestanding temporary sign, with no moving parts or lights, displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion or special, et cetera (excluding real estate signage). It is not intended as permanent business signage.

SIGN—Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landscape features that may also attract attention.

SIGN FACE—An exterior display surface of a sign including nonstructural trim exclusive of the supporting structure.

SITE—All the contiguous ground area legally assembled into one development location which is a zoning lot. A zoning lot is defined as a permanent parcel (lot of record), multiple lots of record, or a portion of a lot of record.

STATIC LED DISPLAY—A single-color light emitting diode (LED) display used for limited, infrequently changing textual or numeric sign content which is incorporated into a freestanding sign as a subservient, accessory feature. The displayed content shall not move, scroll, flash, or in any other way simulate motion. This type of display shall be distinct from EMC signs.

SPECIAL EVENT SIGN—Any temporary or non-permanent sign advertising or pertaining to any civic, patriotic or special event of general public interest.

TEMPORARY SIGN—Any sign which is installed for a period not to exceed 30 days. This does not include Noncommercial signs as defined above.

WALL SIGN—Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall.

WINDOW, AREA of—The area of a single window includes all of the window panes in an area that is separated by mullions, muntins, or other dividers which are less than three (3) inches wide.

WINDOW SIGN—Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior (beyond the sidewalk immediately adjacent to the window), including signs located inside a building but visible primarily from the outside of the building.

§ 410-62. General standards. [Amended 12-18-19 by Ord No. 19-157]

The following general standards shall apply to all signs:

Fig. 6: Sign Area Examples

Fig. 7: Freestanding Sign Height Examples

Fig. 8: Obstruction of Air and Light

Fig. 9: Sight Triangle Area

§ 410-63. Design Criteria. [Amended 2-4-2015 by Ord. No. 15-5]

§ 410-64. Signs Specifically Prohibited, All Districts.

The following signs are prohibited in all districts and new signs shall not be erected. Existing signs are grandfathered and must be maintained or removed at the request of the Building Inspector.

§ 410-65. Signs Allowed by Right.

The following signs are permitted in any district without design review, sign permit, or fee:

§ 410-66. Allowable Sign Type and Location Matrix.

Except as specified above in § 410-65, signs allowed in each Zoning District shall be as follows:

§ 410-67.1. Standards for Permanent Sign Types.

All permanent signs require a valid permit, as set forth above in § 410-59. Maximum sign area per business unit shall be determined as set forth in § 410-62 above. Except as specified for residential districts in § 410-66 above, the following standards shall apply to all permanent sign types.

§ 410-67.2. Standards for Temporary Sign Types.

The followings standards shall apply to all temporary sign types. Temporary signs are not eligible for the incentives established in § 410-62.2.

§ 410-68. Variance Procedure.

Where a sign permit application is denied, the applicant is entitled to petition the Zoning Board of Appeals, which shall hear and decide all appeals pursuant to Article XIV of this chapter. Such appeals shall be taken by filing for such a variance with the Zoning Board of Appeals through the Department of Planning, Housing, and Community Development. In making a decision, the Zoning Board of Appeals shall consider the standards applicable to an area variance.

§ 410-69. Violations and Penalties. [Amended 12-18-19 by Ord No. 19-157]

§ 410-70. Nonconforming signs. [Amended 12-18-19 by Ord No. 19-157]

§ 410-71. Intent.

The intent of this Article XII is to provide regulations for the use of buildings, structures and land which do not comply with the provisions of this chapter and to specify the circumstances and conditions by which such nonconforming use may be continued or shall be discontinued. It is the intent of this article to permit these nonconforming uses to continue until they are removed, but not to encourage their survival.

§ 410-72. Continuance of existing buildings, structures and uses.

The lawfully permitted use of any building, structure or land existing at the time of adoption of this article, or any subsequent amendment thereto, may be continued in accordance with the provisions of this Article XII even though such use does not conform to the regulations and standards specified herein for the district in which such building, structure or land is located. For the purposes of this chapter, a nonconforming use will be vested if at the time of adoption of this chapter, or any subsequent amendment thereto, the property owner has expanded substantial sums in reliance on valid permits issued by the City of Binghamton for a use which was permitted prior to the adoption of this chapter, or any subsequent amendment thereto, and shall not be required to comply with the site plan review procedure as set forth in Article IX of this chapter. For projects under construction, the entire building must be completed according to filed plans within two years from the effective date of this article.

§ 410-73. Transfer of rights.

Nonconforming use rights, subject to the provisions of this Article XII, remain with the land when title is transferred.

§ 410-74. Additions and enlargements.

§ 410-75. Permission to enlarge nonconforming use.

Notwithstanding the provisions of § 410-74, the Zoning Board of Appeals may grant permission for the alteration, enlargement, reconstruction, moving, replacement of, or addition to a nonconforming building, structure, or land use activity, provided:

§ 410-76. Destroyed or damaged nonconforming building, structure or land use activity. [Amended 9-9-09 by Ord. No. 31-2009; Amended 5-23-12 by Ord. No.37-2012]

§ 410-77. Change of use of nonconforming building, structure or land.

§ 410-78. Cessation of use of nonconforming building, structure or land.

§ 410-79. Termination of nonconforming use for cause.

The Supervisor of the Office of Building and Construction may revoke a certificate of occupancy issued to a nonconforming use upon satisfactory proof that the conditions of operation or maintenance of premises are such as to constitute a public nuisance, by reason of injury to the adjacent property or to the general neighborhood.

§ 410-80. Removal of building or structure.

If any building or structure in which a nonconforming use is conducted or maintained is hereafter removed, the subsequent use of land on which such building was located, and the use of any building subsequently built thereon, shall be in conformity with the standards specified by this chapter for the district in which such land is located.

§ 410-81. Maintenance and repair.

Nothing in this article shall prevent the renovation or repair of nonstructural members or the maintenance of a structure made necessary by ordinary wear and tear.

§ 410-82. Compliance required prior to issuance of permits.

No commission, board, agency, officer or employee of the City of Binghamton shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or relocation of any building, or for any use of land or building that would not be in compliance with the provisions of this chapter and Local Law No. 3 of 1987, where applicable. Any permit or certificate issued for an application that does not comply with the provisions of this chapter shall be null and void.

§ 410-83. Enforcement. [Amended 12-18-19 by Ord No. 19-157]

This chapter, and any rules and regulations which have been or may be made in furtherance thereof, shall be enforced by the Zoning Officer and the Office of Building and Construction of the City of Binghamton. Such enforcement shall be in compliance with applicable provisions of this chapter. For purposes of enforcement and public health, safety and general welfare, a duly designated inspector from the Building and Construction Division may, from time to time, upon notice thereof and receipt of permission, enter and inspect any building or premises and may perform any other act or duty necessary for the proper enforcement of this chapter.

§ 410-84. Building and use permit. [Amended 12-18-19 by Ord No. 19-157]

§ 410-85. Certificates of occupancy.

§ 410-86. Application for permit and certificate.

§ 410-87. Special permit and site plan approval procedure.

§ 410-88. Designated landmark and historic district and urban cultural park.

For any building or use permit related to land and or structure which is a designated landmark or in an historic district or an urban cultural park area, the provisions of § 410-39F(2) shall apply.

§ 410-89. Penalties for offenses. [Amended 12-18-19 by Ord No. 19-157]

§ 410-90. Records and reports. [Amended 12-18-19 by Ord No. 19-157]

§ 410-91. Zoning Board of Appeals-organization. [Amended 5-19-08 by Ord. No. 25-2008; Amended 12-21-11 by Ord. No. 11-52; Amended 12-18-19 by Ord No. 19-157; Amended 1-11-2023 by Ord. No. 23-02]

§ 410-92. Zoning Board of Appeals powers and duties. [Amended 12-18-19 by Ord No. 19-157]

§ 410-93. Applications to Zoning Board of Appeals. [Amended 12-18-19 by Ord No. 19-157]

§ 410-94. Procedure for appeals. [Amended 8-7-2013 by Ord. No. 13-49; Amended 10-4-2017 by Ord. No. 17-59; Amended 12-18-19 by Ord No. 19-157]

§ 410-95. Reconsideration.

Any decision, determination or order previously made by the Zoning Board of Appeals may be reconsidered as follows:

§ 410-96. Reapplication.

Unless the Zoning Board of Appeals determines, by the unanimous vote of members present, that substantial new evidence has become available, a second application on any previously decided case will not be heard.

§ 410-97. Environmental assessment.

If the advisory report from the City Planning Department indicates that approval of an application submitted to the Zoning Board of Appeals could have a significant environmental impact, no such approval shall be given until an environmental assessment and declaration have been made by the lead agency.

§ 410-98. Invalidation.

Any building and zoning permit issued in conformance with an action of the Zoning Board of Appeals shall be subject to the provisions of § 410-84H of this chapter. Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned the appeal or application, and such permission or variance granted shall be deemed automatically rescinded and invalidated by the Zoning Board of Appeals unless an extension of time is granted by such Board.

§ 410-99. Compliance with other regulations.

Zoning Board of Appeals approval of any action applied for does not remove the applicant's responsibility to comply with all other applicable regulations of the City of Binghamton.

§ 410-100. Authority.

Pursuant to § 83 of the General City Law, and other applicable provisions of the law, the City Council may, from time to time on its own motion or on petition, after public notice and hearing, amend, supplement, repeal or change the regulations and districts established under this chapter.

§ 410-101. Amendment by petition.

Whenever the owners of 50% or more of the frontage in any district, or part thereof, shall present a petition, duly signed and acknowledged, to the Council requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Council to vote upon said petition within 90 days after filing of the same by the petitioners with the City Clerk.

§ 410-102. Protest.

§ 410-103. Referral to Planning Commission.

Every proposed amendment or change initiated by City Council or by petition shall be referred to the Planning Commission for report thereon before the public hearing required by law. In recommending the adoption of any such proposed amendment, the Planning Commission may state its reasons for such recommendation, describing any conditions that it believes made the amendment advisable, and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the comprehensive plan of land use for the City, and be in furtherance of the purposes set forth in Article I of this chapter. In recommending the rejection or revision of any proposed amendment or change, the Planning Commission may similarly state its reasons. Failure on the part of the Commission to report its recommendations with respect to any proposed amendment or change to the City Council within 45 days after the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.

§ 410-104. Changes in zoning regulations.

Pursuant to § 37 of General City Law, the Planning Commission may make any reasonable changes in applicable zoning regulations when this is done as part of subdivision plat approval. Such changes by the Planning Commission shall be based on the submission and approval of a detailed site plan indicating land use, building type, density, coverage, yards, parking, drainage, landscaping, and any other information required by the Planning Commission. In considering such changes, and after a public hearing thereon, the Planning Commission may require clustering of structures and may permit nonresidential land uses in the subdivision when this is deemed to be consistent with public welfare. While dwelling unit types can be modified, the development density cannot exceed that which would normally be permitted in the district in which the proposed subdivision is located.

§ 410-105. Environmental assessment.

Before adopting any proposed amendment to this chapter, the City Council shall assess the environmental impact of such amendment in accordance with the State Environmental Quality Review ActEN and may determine that an environmental impact statement on such amendment shall be prepared.

§ 410-106. Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare and, more particularly, for the purposes set forth in Article I. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties, or any lawfully adopted rules, regulations or ordinances; provided, however, that when this chapter imposes a greater restriction on the use of land or buildings, or on the height of buildings, or requires larger open spaces, or makes other greater requirements than are imposed or required by any other ordinance, rule or regulation, or by easements, covenants or agreements, the provisions of this chapter shall control.

§ 410-107. Fees.

For the purpose of defraying administrative and other costs involved in review of applications and appeals, fees as set from time to time by the City Council for permits and applications shall be required, in addition to any and all other fees required by any other section of this or any other ordinance, local law or regulation of the City (See The Current Fee Schedule).

§ 410-108. Short title.

This chapter shall be known as, and may be cited as, the "Zoning Ordinance of the City of Binghamton."

§ 410-109. Repeal.

This chapter shall repeal the ordinance entitled, "Zoning Ordinance of the City of Binghamton," duly adopted by Binghamton City Council on April 6, 1987, and as subsequently amended.