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.
[Amended 7-17-2013 by Ord. No. 13-49]
A.
Reduction. No lot shall hereafter be reduced or altered so as to result in a lot that does not meet the minimum area or yard requirements prescribed by this chapter.
B.
Subdivision of a lot. Where a lot is hereafter formed by subdividing a lot already occupied by a building, such subdivision shall not create a nonconforming situation for the lot on which the existing building is located. No zoning or building and use permit shall be issued for a building or land use on the new lot thus created unless it complies with all the applicable provisions of this chapter.
C.
Irregularly shaped lot. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of such lot or parcel, the Board of appeals shall determine how the requirements shall be applied.
D.
Undersized lots. When a lot of record which is legally in existence at the time of enactment of this chapter does not comply with the minimum lot regulations as specified in Schedule IA (§ 410-28) or IIA (§ 410-33), such undersized lot may be used for any of the uses listed in said schedules if side, rear and front yard setbacks, off-street parking and density requirements can be met, and access from a public street can be provided. The use of such lots shall be subject to any special conditions which might be applicable in the district.
E.
Lot measurements. Measurements for lot depth and for setbacks shall be made from the property lines.
F.
Through lot. On through lots (see definition in § 410-5) both property lines shall be front lot lines, and front yard setbacks shall apply. For purposes of siting accessory buildings, such as a private garage, the requirements for front yard setback shall also be applied.
G.
Lot in multiple districts. Where one or more district boundary lines divide a lot or land in single ownership at the time of adoption of the Zoning Map, or any amendments thereto, the regulations applying in any one district may be extended into the remainder of the lot, but only when such extension has been approved by the Planning Department. See § 410-45B.
H.
Two or more uses on one lot. When a residential and nonresidential use or activity occupy the same parcel (e.g., a business and a house), the more restrictive bulk regulations shall be applied.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
A.
Location. No yard or other open space provided for a specific building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on any other lot.
B.
Front yard setback. New buildings shall not be required to have front yards greater in depth than the average of the front yard setbacks of the two adjacent properties.
D.
Terraces and porches. A terrace or porch shall not be considered in the determination of lot coverage or yard requirements, except as may be otherwise specified in this chapter, provided that such terrace or porch is without roof, awnings, screens, walls, parapets or other forms of enclosure. Such terrace or porch may have a guard railing or low wall which does not exceed 30 inches in height measured from the lowest level of the terrace or porch. No terrace or porch shall be located less than five feet from any side lot line and may not extend into the front yard by more than 10 feet. Under no circumstance shall the terrace or porch have less than a five-foot setback from the front property line. For lot coverage considerations, a terrace or porch will not be included in lot coverage calculations as long as the terrace or porch is not used as habitable space.
E.
Projecting architectural features. Architectural features such as windowsills, belt courses, chimneys, cornices, eaves or bay windows may project into any required yard area by up to five feet, provided that such projection shall be located a minimum of five feet from any lot line. The total length of any bay window projections on any wall shall not exceed 1/4 of the overall length of said wall.
F.
Other projections. Open fire escapes, outside stairways, balconies and solar energy systems may project up to five feet into a required yard space, provided that such projections shall not be located less than five feet from any lot line.
[Amended 12-18-2019 by Ord. No. 19-157; 4-9-2025 by Ord. No. 25-12]
A.
Regulations pertaining to fences in all zoning districts:
(1)
Any installation or replacement of fencing within any zoning district requires the issuance of a fence permit. The Zoning Officer shall be responsible for review and approval of fence permits. Notwithstanding anything herein to the contrary, the Zoning Officer may waive the requirement for a fence permit for the installation of non-permanent fencing.
(2)
Permitted materials. The following materials are permitted materials for fences: masonry, wood, vinyl, metal, and other materials common to the industry and approved by the Zoning Officer.
(4)
Gates. Height maximums in this section shall apply to gates, and gates cannot open over a public right-of-way or across property lines.
(5)
Driveways. Solid fences, walls, natural plantings, or other opaque barriers located less than 10 feet from the side of a driveway and less than 12 feet from the front property line shall not exceed a height of three feet.
(6)
Fences located near doors and windows. No fence shall be located within three feet of any door or window, unless the top of the fence is below the bottom sill of the window.
(7)
Corner lots. On corner lots, fence height must be reduced to three feet within the triangular area formed by the intersecting street lines and the straight line joining said street lines in accordance with § 410-17.
(8)
Hedges. It shall be unlawful for any person to plant, set, have or maintain upon his or her premises adjacent to any street, sidewalk or footpath within the City any hedge unless the same shall be set at least two feet back from the line of the street, and be kept so trimmed not to project into or over said street, sidewalk, or footpath, or be separated from said street, sidewalk or footpath by a fence.
(9)
Fences surrounding tennis courts or recreation courts may be a maximum of 12 feet in height.
(10)
All fences shall be kept in good repair and free from any serious defects such as severe warping or leaning, large holes, loose material, and missing parts or other serious damage.
B.
Fencing in residential zoning districts:
(1)
Fencing with a maximum height of six feet is permitted along all property lines, provided it does not conflict with any other provision specified in this chapter.
(2)
Fencing with a maximum height of eight feet is permitted between the rear wall of a primary building and the rear property line, provided it does not conflict with any other provision specified in this chapter.
A.
Height. Unless such features are specifically regulated otherwise in this chapter, the height limitations of §§ 410-28 (Schedule IA) and 410-33 (Schedule IIA) shall not apply to flagpoles, monuments, church spires, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, solar and mechanical equipment, radio antennas, amateur radio installations, utility lines and similar installations.
B.
Fences, hedges and walls. The provisions of this chapter shall not apply to fences, walls, steps or natural plantings which are no higher than three feet above the natural grade where such features are located, except that there shall be no plantings between the sidewalk and curb on any lot. (See § 410-17.)
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.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
A.
Obstruction to vision. No solid fence, plantings, or other such barrier between three feet and seven feet above the grade of the adjacent street line shall be erected, planted, parked, or otherwise placed on any corner lot or at the intersection of a public or private driveway and a street within the triangular area formed by the intersecting right-of-way lines and the straight line joining said right-of-way lines at points which are a distance of 30 feet from their intersection.
B.
The provisions of Subsection A of this section shall not apply to a permanent building or to trees which are trimmed to eliminate foliage for a distance of more than seven feet above the grade of the adjacent street line.
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C.
Confommity. Any obstruction that was erected without proper approvals and does not conform to the requirements of this § 410-17, and which results in a dangerous obstruction to vision of motorists, shall be made to conform after an official notice of noncompliance has been issued by the Zoning Officer or the Supervisor of Building and Construction.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
A.
Whenever a buffer strip is required by this chapter, it shall meet the following standards:
(1)
It shall be a minimum width of five feet along a lot line unless otherwise specified in this chapter.
(2)
Landscaping materials shall include a combination of trees, shrubs, vegetative ground cover, and grasses that will rapidly attain a height of six feet. The plantings shall have a minimum height of three feet at the time of planting. The use of mulch and decorative stones or rocks shall be allowed as a decorative feature only.
(3)
A minimum of one two-inch caliper tree shall be planted per 30 linear feet of required landscape buffer. Any fraction of a tree shall be rounded up to the nearest whole number.
(4)
Landscaped areas shall have a minimum of 12 inches of topsoil, tilled into non-compacted subbase base soils. Landscape areas shall be sufficiently sized to support trees and other vegetation.
(5)
Except as provided by § 410-17, landscaping shall reasonably be expected to form a year-round dense screen at least four feet high within two years of the initial planting. All plant materials shall be climate appropriate, preferably native species, and salt and drought tolerant.
(6)
All required planting shall be permanently maintained to good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable buffer requirements. The owner is responsible for maintenance for the continuance of the use on the lot.
(8)
A landscape plan detailing the above requirements, where applicable, shall be submitted for review and approval to the Planning Department. The Planning Department may consult with the Shade Tree Commission when necessary.
B.
Notwithstanding the above, a buffer strip may be substituted by a wall or fence with a five-foot-wide landscaped strip of low plantings if approved by the Planning Department and/or Building Bureau.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157; 3-1-2023 by Ord. No. 23-37; 5-22-2024 by Ord. No. 24-39; 12-18-2024 by Ord. No. 24-120; 4-9-2025 by Ord. No. 25-12]
A.
Limitation. Any accessory building or use shall be limited such that it is compatible with, and incidental to, the principal building or use permitted on the lot. Such accessory structures or use shall not be established prior to establishment of the principal building or use.
B.
Permitted accessory structures:
(1)
One private garage or carport is allowed per residential lot.
(2)
One accessory shed is allowed per residential lot, with a maximum area of 200 square feet and no dimension greater than 16 feet.
(3)
The Zoning Officer shall have the authority to allow one additional accessory structure that does not meet the definition of a garage or shed at his/her discretion, provided such structures comply with the bulk requirements of the applicable zoning district, and provided that the allowance of such structures is not in conflict with any other section of this chapter.
C.
Standards. Except as may be otherwise regulated elsewhere in this chapter, an accessory building hereafter erected, enlarged or moved on a lot shall comply with the following standards:
(1)
Detached building. For purposes of providing fire separation a detached garage or other accessory building shall:
(a)
Be at least five feet from the nearest principal building. If less than five feet, the proposed structure shall meet the standards of the New York Uniform Fire Prevention and Building Code.
(b)
Be not more than 16 feet in height if detached from a one-story building and not more than 20 feet in height if detached from a two-story building.
(c)
Not be located within the required minimum front setback of the applicable zoning district and be set back no less than five feet from any rear or side lot line.
(d)
Cover a ground area no larger than that covered by the principal building, or 676 square feet, whichever is less. Ground cover does not include appurtenances such as patio covers that are not used for vehicle storage and do not contain two or more walls.
(e)
If the lot size is greater than 15,000 square feet, a garage with a maximum square footage of 1,008 square feet may be built.
(f)
In the event a garage is destroyed by fire or demolished due to structural instability and a replacement garage is constructed in the exact same location and the exact same size, no area variances are required if the following conditions can be met:
(2)
Attached building. Garages or other accessory buildings attached to a principal building shall:
(a)
Be no higher than the principal building.
(b)
Comply with the yard requirements which would be applicable to any principal building on the lot.
(c)
Cover a ground area no larger than that covered by the principal building, or 676 square feet, whichever is less. Ground cover does not include appurtenances such as patio covers that are not used for vehicle storage and do not contain two or more walls.
(d)
If the lot size is greater than 15,000 square feet, a garage with a maximum square footage of 1,008 square feet may be built.
(e)
In the event a garage is destroyed by fire or demolished due to structural instability and a replacement garage is constructed in the exact same location and the exact same size, no area variances are required if the following conditions can be met:
E.
Keeping of animals. An accessory use in any district shall not include the sheltering, keeping or maintaining of hogs, goats, sheep, horses, ponies, mules, donkeys, cattle, chickens, rabbits or any animal not commonly considered a domestic pet, except that up to four hens, ducks, or rabbits may be kept and maintained in a manner that does not create odors or noise disturbing to occupants of adjacent properties. See also § 410-19J.
F.
Accessory dwelling. Accessory dwellings are permitted within the R-1, R-2 and R-3 Zoning Districts when the following conditions are met:
(1)
Such a dwelling is occupied by a person or persons included in the household residing in the principal dwelling on the lot.
(2)
In the R-1, the accessory dwelling must be attached to the principal dwelling, and no separate exterior entrance shall be provided. In the R-2 and R-3 Districts, an accessory dwelling may have one or more exterior entrances, and may be detached from the principal dwelling, provided it can meet all applicable bulk requirements.
(3)
The dwelling shall be no more than 50% of the gross floor area of the principal dwelling unit.
(4)
There is only one such dwelling on the lot.
(5)
The addition of an accessory dwelling will not increase the total number of dwelling units on the property beyond the number allowed in the applicable zoning district.
G.
Solar energy systems as an accessory use or structure. Solar energy systems, as covered under the New York State Unified Solar Permit, are permitted under the following circumstances:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity onsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or accessory structure.
(b)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(c)
Aesthetics. Roof-mounted solar panels facing any public street must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(d)
Roof-mounted solar energy systems that use the energy onsite shall be exempt from Administrative Planning Review and from Planning Commission Review and Approval. The property owner is required to obtain any required building permits prior to installation.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the collected energy onsite are permitted as accessory structures in all commercial and industrial zoning districts with Planning Commission Review and approval of a site plan. Additionally, the property owner is required to obtain any required building permits prior to installation.
(b)
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the zoning district within which they are located.
(c)
Lot coverage. Ground-mounted solar energy systems are limited to 25% of the lot area, and the surface area of all panels shall be included in total lot coverage calculations.
(d)
Ground-mounted solar energy systems may only be installed in the side or rear yards.
H.
Home occupation as an accessory use.
(1)
Intent. This subsection is designed to protect and maintain the character of established residential neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in residential dwellings. Furthermore, this subsection intends to ensure the clearly incidental or secondary status of the home occupation in relation to the residential use of the dwelling.
(2)
The term home occupation shall include but is not limited to the following:
(a)
Baker, chef, or caterer involving the preparation and delivery of food/beverages exclusively for off-site service without on-site consumption by consumers.
(b)
Beauty salon or barbershop with a maximum of two chairs. Business shall be conducted by appointment only.
(c)
Day care with a maximum six adult clients or eight children, no more than six of which shall be younger than school age, and no overnight care. Such facilities must be licensed by the appropriate agency.
(d)
Office of an accountant, architect, computer programmer, counselor, engineer, lawyer, real estate agent or insurance agent. Business shall be conducted by appointment only.
(e)
Office of a salesperson, provided that no retail or wholesale transactions are made on the premises.
(f)
Teacher/instructor (such as dance, music, crafts) with a maximum ratio of one teacher to five students.
(g)
Workshop or studio for an artist, sculptor, photographer, craftsperson, writer, composer, musician, seamstress, dressmaker, or tailor.
(h)
Homebound employment of a person with a physical or developmental disability who is unable to work away from home by reason of disability.
(3)
Home occupations are permitted within all residential zoning districts when the following conditions are met:
(a)
An application for administrative review and approval must be submitted and approved prior to the establishment of a home occupation.
(b)
No more than 15% of the floor area of the dwelling unit shall be devoted to the home occupation.
(c)
The home occupation is carried on wholly within the primary structure on the premises.
(d)
There is no internal or external alteration of the dwelling that changes the character and appearance thereof as a dwelling.
(e)
Hours of operation shall be between 7:00 a.m. and 9:00 p.m.
(f)
No more than one individual who does not permanently and legally reside in the household may be employed.
(g)
No retail sales or displays for retail sale of commercially manufactured items are permitted on the premises.
(h)
There shall be no outdoor storage of commercial vehicles, equipment or materials associated with the home occupation.
(i)
No deliveries shall be made from any vehicle having a gross vehicle weight greater than eight tons. Deliveries shall not be made before 7:00 a.m. or after 9:00 p.m.
(j)
Any home occupation that received clients on-site shall provide one on-site parking space exclusively for the business.
(k)
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of hours of operation, vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.
(l)
Permission to conduct a home occupation is not transferable to any other person or property, and shall expire upon discontinuance for a period of one year.
(m)
No more than 50% of the area permitted to be used as a home occupation shall be occupied by inventory and supplies.
I.
Bed-and-breakfast home as an accessory use. Bed-and-breakfast homes are permitted in the R-1, R-2, and R-3 Districts when the following conditions are met:
J.
Temporary structures. Temporary structures are permitted when the following conditions are met:
(1)
A site plan is submitted to and approved by the Planning Department, in accordance with the applicable provisions of Article IX of this chapter.
(2)
The structure must comply with bulk requirements for the district it is located in.
(3)
The structure must be removed within six months of installation.
(4)
In residential districts, only one temporary structure may be located on a property at any given time.
(5)
Temporary structures shall not be utilized for human occupancy.
(6)
Approval to install a temporary structure may not be renewed for at least six months from the removal of any previous temporary structure. For unusual or complex projects, the Planning Department may determine that conditions warrant the waiving of this provision.
K.
Outdoor storage of recreational vehicles as an accessory use. Up to two recreational vehicles may be stored outdoors on a residential lot. No recreational vehicle shall be located within any required front or side yard setback area.
L.
Residential kennels as an accessory use. Residential kennels are permitted when the following conditions are met:
(1)
There shall be no outdoor storage of refuse, feed, or other materials.
(2)
Such facility shall accommodate a maximum of four small animals, such as dogs, cats, birds, ferrets, or rabbits.
(3)
The facility located on a single residential lot with an established, owner-occupied residential dwelling.
M.
Residential amenity and assembly spaces. When located in residential or mixed-use building as accessories to a residential use, amenity spaces including fitness centers, common kitchens, and computer rooms, and assembly spaces including lounges, theaters, and billiard rooms, shall be regulated as follows:
(1)
Congregate living facilities, multiple-unit dwellings, and properties containing more than 12 total bedrooms shall not contain any assembly spaces or other amenity spaces that are accessory to the residential use below grade, with the exception of structured parking, laundry facilities, and/or storage facilities. Any below-grade laundry or storage facilities shall be proportioned and constructed such that they do not allow an occupancy limit above 10 persons per partitioned space.
(2)
In congregate living facilities, multiple-unit dwellings, and properties containing more than 12 total bedrooms, the occupancy limit of any above-grade residential amenity or assembly space shall not exceed 25 persons.
(3)
The occupant load factors for amenity spaces are as follows:
(4)
Notwithstanding the above, the actual occupancy limit shall be determined by the Fire Marshal based on square footage, intended use, and furnishings/equipment, not to exceed the limits above.
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.