[Amended 7-17-2013 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.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
A. 
Schedule of regulations. Regulations relating to land uses in residential districts are set forth in Schedule I (§ 410-27). Regulations relating to lot size, setbacks, and similar bulk requirements are set forth in Schedule IA (§ 410-28). Regulations relating to off-street parking requirements are set forth in Schedule III (§ 410-53). Said schedules are hereby adopted and, with all explanatory matter thereon, are hereby made part of this chapter and included herewith.
B. 
Excluded uses or activities. A land use which is not set forth in Schedule I (§ 410-27) is not permitted in residential districts in the City of Binghamton. Notwithstanding the above, unlisted uses which are interpreted by the Zoning Board of Appeals to be similar to those which are listed by district in Schedule I (§ 410-27) may be processed in accordance with the appropriate provisions of this chapter. (See Article XIV.)
C. 
Site plan approval. When Schedule I (§ 410-27) specifies that Planning Commission Review and Approval of a special use permit is required for a land use in a residential district, a building permit shall not be issued for such land use until a site plan has been approved in accordance with the provisions of Articles VI and IX of this chapter.
D. 
Any dwelling unit within any residential district must meet the definition of a family or the equivalent of a family (See definitions in § 410-5.)
E. 
Accessory uses are permitted and regulated pursuant to § 410-19 of this chapter.
[Amended 3-2-2009 by Ord. No. 09-009; 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]
The following uses are permitted in residential zoning districts:
A. 
R-1 Residential Single-Unit Dwelling District.
(1) 
Permitted by right, subject to Article IX.
Dwelling, one unit
Garden, community or neighborhood
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Community center, subject to § 410-29B
Dwelling, manufactured home, subject to § 410-29C
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Educational institution, subject to § 410-29A and B
Place of worship, subject to § 410-29B
Townhouses, up to three attached
Condominium, subject to § 410-29D
B. 
R-2 Residential One- and Two-Unit Dwelling District.
(1) 
Permitted by right, subject to Article IX.
Dwelling, one or two units
Garden, community or neighborhood
Townhouses, up to three attached
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Community center, subject to § 410-29B
Dwelling, manufactured home, subject to § 410-29C
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Educational institution, subject to § 410-29A and B
Place of worship, subject to § 410-29B
Townhouses, up to six attached
Condominium, subject to § 410-29D
C. 
R-3 Residential Multi-Unit Dwelling District.
(1) 
Permitted by right, subject to Article IX.
Dwelling, one to three units
Garden, community or neighborhood
Townhouses, up to four attached
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Community center, subject to § 410-29B
Dwelling, manufactured home, subject to § 410-29C
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, mutiple-unit, including condominiums, subject to § 410-41A(1)
Congregate living
Educational institution, subject to § 410-29A and B
Nursing home
Overnight lodging, subject to § 410-29A
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Place of worship, subject to § 410-29
Townhouses, five or more attached
[Added 12-20-2011 by L.L. No. 5-2011]
The uses 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.
[Amended 12-18-2019 by Ord. No. 19-157; 12-18-2024 by Ord. No. 24-120]
The following bulk requirements apply to residential zoning districts:
Schedule IA
Bulk Requirements in the Residential Zoning Districts
R-1
R-2
R-3
Minimum lot area (square feet)
One unit
2,500
2,500
2,500
Two units
-
2,500
2,500
Three units
-
-
2,500
Multiple-unit
-
-
5,000
Townhouse (per unit)
1,500
1,500
1,500
All other permitted uses
2,500
2,500
2,500
Minimum lot width (feet)
One unit
50
50
50
Two units
-
50
50
Three units
-
-
60
Multiple-unit
-
-
80
Townhouse (per unit)
20
20
20
All other permitted uses
50
50
50
Front setback (feet)
15
10
5
Rear setback (feet)
15
15
20
One side/total side setback (feet)
5/15
5/15
5/15
Maximum lot coverage
50%
70%
90%
Maximum building height (feet)
35
35
60
Notes:
NP = Not permitted
DU = Dwelling unit
[Amended 3-2-2009 by Ord. No. 09-009; 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]
The following are special conditions that apply to certain land uses as noted in § 410-27, above:
A. 
A landscape buffer, pursuant to § 410-18, shall be provided along all side and rear property lines.
B. 
No building or structure shall be located less than 30 feet from an abutting residential district or lot on which a residential use is established.
C. 
A permanent foundation shall be installed.
D. 
Condominiums. In the R-1 and R-2 districts, condominium developments are permitted, subject to a special use permit, when each unit meets the height, setback, and parking requirements applicable to a single-unit dwelling in the district. In the case of attached townhouse-style condominiums, the townhouse setback requirements shall apply. In all other districts, the requirements for multiunit dwellings shall apply to condominium developments.