For the purpose of this chapter, meanings of the following words and phrases shall be as defined in this Article II.
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.
[Amended 12-4-2006 by L.L. No. 2-2006; 3-2-2009 by Ord. No. 09-009; 7-20-2009 by Ord. No. 09-023; 12-21-2011 by Ord. No. 11-51; 7-17-2013 by Ord. No. 13-49; 2-4-2016 by L.L. No. 2-2016; 12-18-2019 by Ord. No. 19-157; 12-18-2024 by Ord. No. 24-120; 4-9-2025 by Ord. No. 25-12]
As used in this chapter, the following terms shall have the meanings indicated:
Having a common property line or zoning district line; adjoining, touching.
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.
A use that is customarily incidental and subordinate to the principal use on a lot, and located on the same zoning lot. An accessory use may not be accessory to another accessory use.
To lie near or close to; in the neighborhood or vicinity of but not necessarily touching.
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.
A dwelling unit that is or will be restricted, pursuant to a regulatory agreement, to occupancy by a household whose income does not exceed 80% of the area median income (AMI) for the Binghamton Metropolitan Statistical Area as defined annually by the U.S. Department of Housing and Urban Development (HUD).
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.”)
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."
A dedicated public thoroughfare affording a secondary means of access to abutting property and not intended for general traffic circulation.
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.
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. See "recreation, indoor."
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.”
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.
Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.
See "vehicle fuel station."
See "vehicle sales/rental."
See "vehicle repair/service."
See "vehicle salvage facility."
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.
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.”
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. For the purposes of this chapter, this use shall be considered an "office."
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 as 1/2 story in determining building height.
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.
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.
See Article XI, § 410-60B(2).
An establishment where more than 50% of the business is dedicated to billiards. For the purposes of this chapter, this use shall be considered "indoor recreation."
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 underdrain.
Shallow depressions with a designed planting soil mix and a variety of plant material, including trees, shrubs, grasses.
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.”) For the purposes of this chapter, this use shall be considered "congregate living."
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. For the purposes of this chapter, this use shall be considered "indoor recreation."
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.”
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.)
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.
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.
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.
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.
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.
A building within which is conducted the principal use or activity of the lot on which said building is located.
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."
An activity, occupation, employment or enterprise which requires time, attention, labor and materials and wherein merchandise is exhibited or sold, or services offered.
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.
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.
A cannabis-related business licensed by NYSOCM to operate one of the following business types: adult-use retail dispensary or adult-use delivery.
A roofed vehicle shelter with two or more open sides; an accessory building.
Preparation and delivery of food and beverages exclusively for off-site service without provisions for on-site consumption by consumers.
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.”)
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.
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.
A cultural, educational or recreational 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.
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. May include assistance of persons with developmental or physical disabilities. For the purposes of this chapter, such use shall be considered “social services.”
A facility subject to licensing by the Office of Mental Health or the Office for People With Developmental Disabilities that provides a residence for up to 14 individuals with mental disabilities, including residential treatment facilities for children and youth. Such facilities are subject to the New York State site selection law.
A building project of individually owned dwelling units, which may consist of one or more buildings per lot, 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. For the purposes of this chapter, this definition shall include housing cooperatives.
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.”)
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 10 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.
The continuation of land in its natural state or any use that will maintain the land in essentially its natural state.
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.”
See “abuts.”
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:
The changing of use or occupancy by alteration, addition, or by other reorganization.
A multi-unit residential development in which a purchaser buys shares in a corporation, and those shares are allocated to a specific dwelling unit. Ownership of the shares entitles the purchaser to a long-term proprietary lease for the unit. For the purposes of this chapter, this use shall be considered a “condominium.”
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.
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.
A building containing facilities designed for or capable of incinerating deceased human or animal remains.
A commercial or non-profit facility that is provides care for children and is regulated and defined by the New York State Office of Children and Family Services. A day care center.
A home occupation that provides 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.
A home occupation that provides supervision and care for a maximum of six children younger than school age, or eight children when at least two of the eight children are school aged, for less than 24 hours per day and with no overnight care. As regulated and defined by the New York State Office of Children and Family Services.
A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.
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.
According to the Developmental Disabilities Act, Section 102(8), the term "developmental disability" means a severe, chronic disability of an individual five years of age or older that:
Is attributable to a mental or physical impairment or combination of mental and physical impairments;
Is manifested before the individual attains age 22;
Is likely to continue indefinitely;
Results in substantial functional limitations in three or more of the following areas of major life activity: self-care; receptive and expressive language; learning; mobility; self-direction; capacity for independent living; and economic self-sufficiency.
Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age five, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.
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.”
A retail establishment 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 4,000 square feet. see also “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
Solid particulate matter capable of being airborne or gasborne.
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.
A structure, or a single unit within a structure that is distinctly separated from other living spaces within that structure which meets the following criteria:
The unit provides complete, independent living facilities including permanent provisions for living, sleeping, eating, cooking, and sanitation.
The unit provides an independent entrance from the exterior or from a common hall and provides free, open access to all rooms within the dwelling unit and none of the rooms is a "sleeping unit."
Only the heads of the household enter into agreement with the lessor/mortgagor for the dwelling unit and none of the bedrooms is rented on an individual basis.
The unit meets all applicable requirements of the New York State Uniform Fire Prevention and International Building Codes.
The unit contains a maximum of five bedrooms and no sleeping units.
For purposes of this chapter a dwelling unit does not include "congregate living," "overnight lodging," or "residential vehicles" as defined in this chapter.
An accessory dwelling unit that is on the same lot, but incidental to, an owner-occupied principal dwelling unit, and not more than 50% of the gross floor area of the principal dwelling unit.
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 U.S.C Ch. 70: Manufactured Home Construction and Safety Standards. This definition shall not include any self-propelled recreational vehicle.
One or more buildings, or portions thereof, on a single lot, containing four or more dwelling units.
The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
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."
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.
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."
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.
An establishment that primarily rents space in a building and/or lot for private, prescheduled 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.
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.”
The face of a building that delineates the edge of conditioned floor space.
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 indicia for a functional and factual family equivalent: A group of unrelated individuals living together and functioning together as a traditional family. In determining whether or not a group of unrelated individuals comprise a functional and factual family equivalent, a petition shall be presented before the Zoning Board of Appeals. A functional family equivalent must share the entire dwelling unit; live and cook together as a single housekeeping unit; share expenses for food, rent, utilities or other household expenses; and be permanent and stable.
See "day care, family."
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.
The area that will be inundated by the flood event having a 1% chance of being equaled or exceeded in any given 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.
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.
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."
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.
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.
The 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.
All that land adjacent to a body of water which has been or hereafter may be covered by a base flood.
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.
A building that has undergone reconstruction, rehabilitation, addition, or other improvement, the cost of which equals or exceeds 50% of the market value of the building before the "start of construction" of the improvement. This term does not include a building that has undergone reconstruction, rehabilitation, addition, or other improvement related to:
Any project or improvement of a building to correct existing violations of a state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic building", provided that the alteration will not preclude the structure's continued designation as a "historic building."
Either a substantially improved building or the contents within a substantially improved building, or both.
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.
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.
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.
The greater of:
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.")
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.
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 sales shall not last for more than three consecutive days, and shall not be held more than once every three months.
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.
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.
A facility involved in the sale, lease, or rental of new or used products, not including vehicle sales/rental or food sales.
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.
The permanently established elevation of the center line of a street in front of the midpoint of a lot.
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.
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.
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.
Any land and related buildings or structures in which trees, shrubs, flowers and other plants are cultivated for the purposes of being sold commercially.
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.
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 on-site consumption.
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 § 410-19H.
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.
See "overnight lodging."
See "dwelling."
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."
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.
A tract of land that is planned, developed and operated as an integral facility for a number of individual industrial uses.
A facility involved in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or other industrial activities or facilities that produce smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception or radiation.
A facility engaged the warehousing, manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Light industrial uses will generate minimal increases in traffic, emissions, noise, odors or vibrations and have minimal visual impact on an area.
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.
Any lot or premises, or portion thereof, on which more than four dogs, cats, and other household 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.”
The raising of 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.
An area of grass, trees, shrubs or other natural greenery, or containing any form of landscaping or architectural treatment.
The specific purpose for which land or a building is used or designed or intended to be used and maintained. (See also “use, principal.”)
A solar energy system that is ground-mounted and produces energy primarily for the purpose of offsite sale or consumption.
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.”
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[1] and the regulations of the City of Binghamton.
Any off-street space available for the loading or unloading of goods. See Article X for dimensional requirements.
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 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.
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.
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 nonresidential 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.
The average horizontal distance between the front and rear lot lines.
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.
A lot other than a corner lot.
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.
A lot line which does not abut a street.
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.
The property lines bounding a lot as defined herein.
The property line or lines extending from the front lot line to the rear lot line.
A lot having frontage on two parallel or approximately parallel streets. Both street lines shall be deemed front lot lines.
The average horizontal distance between the side lot lines, measured parallel to the front lot line. See also § 410-12D.
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.
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.
A permanent structure overhanging a walkway attached to or supported by a building advertising an event to be shown at the property.
A building for interring human or animal remains above ground.
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.
Affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care, treatment and rehabilitation.
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."
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.”
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.
See "dwelling, manufactured home."
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.
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.
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.
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.
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.
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.
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.
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."
The residence of the clergy associated with a place of worship.
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.
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.
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.)
A tract of land designated and used by the public for active and passive recreation.
A common wall which extends from its footing below grade to, or through, the roof and divides two buildings.
An establishment in which the proprietor licensed by the City of Binghamton 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.
A set of criteria and measurements which:
Establishes environmental controls by which proposed land uses and activities can be evaluated and which helps to encourage positive or neutral impacts on the community.
Controls smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire and explosion hazard, glare or heat, or radiation hazard generated by or inherent in certain uses of land or buildings.
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.
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.
A building or area owned and/or used by a religious organization for worship, training, or education.
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.
See “day care.”
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.”)
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.
See “community residential facility.”
A facility providing daily or regular scheduled recreation-oriented activities in an indoor setting. Examples of such facilities include, but are not limited to: amusement arcade, 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.”
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.”
Vehicles that can be used for recreation, such as boats, motor homes, all other types of campers, motorcycles, all-terrain vehicles, and personal watercraft.
Any structure utilized for the storage of residential household equipment. See also § 410-19.
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.
A facility involved primarily in the research and development of new products.
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.”
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.”
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.
See "general retail."
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.
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.
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
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.
A dwelling unit that is or will be restricted, pursuant to a regulatory agreement, to occupancy by a household that contains at least one person aged 55 or older.
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.
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.
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.
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.[2]
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."
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.”
A property owner's right to have sunlight shine on his or her property.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both “solar panels” and “solar energy equipment” as defined in this chapter.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
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.
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.
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.
A person, nonprofit agency or governmental unit that plans to establish a residential facility to care for mentally ill or developmentally disabled persons or persons with alcohol and substance abuse problems.
Land outside any building or roofed area used for the keeping of goods, supplies, raw materials or finished products.
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.
See “frontage.”
The right-of-way line separating the street area from abutting property.
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.
See “alterations.”
The workshop and/or gallery of an artist, sculptor, or photographer. Such use may be open to the public and include sales.
A one-bedroom efficiency dwelling used as a single housekeeping unit, containing complete kitchen, bathroom, and toilet facilities.
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.
See "retail food sales."
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.
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.”
See § 410-42.
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.
An uncovered flat platform of earth with or without a surface material or retaining walls.
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. For the purposes of this chapter, this use shall be considered "vehicle repair/service."
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.
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.
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.
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.
See “nonconforming use or activity.”
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.
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.
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.
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 otter 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.
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 use shall be considered "general industry."
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.”
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.
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 firesafety 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 use shall be considered "general industry."
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.)
A facility involved in the storage or movement of goods for themselves or other firms/companies.
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.”
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.
A yard extending across the entire width of the lot between the front lot line and the front 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.
A yard extending across the full width of the lot between the rear yard line and the rear lot line.
A yard extending from the front yard to the rear yard and between the side yard line and the side lot line.
The map or maps that are part of this chapter as set forth in Article III.
An establishment that displays living animals or plants to the public, usually for a fee.