[Amended 7-17-2013 by Ord. No. 13-49]
The intent of this Article VII is to identify the types of land uses which are permitted in the commercial and industrial zoning districts in the City of Binghamton. A list has been created which specifies the zoning district(s) in which each land use is allowed. Certain uses are permitted by right, while others require a special use permit from the Planning Commission. All uses are subject to the Article IX, Site Plan Review and Approval. Bulk and density regulations for each zoning district are also established.
[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 commercial and industrial districts are set forth in Schedule II (§ 410-32). Regulations relating to lot size, yard setbacks, lot coverage, and similar bulk requirements for nonresidential uses are set forth in Schedule IIA (§ 410-33). 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. Any land use which is not set forth in Schedule II (§ 410-32) is not permitted in a commercial or industrial district 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 in said Schedule II (§ 410-32) may be processed in accordance with the appropriate provisions of this chapter.
C. 
Site plan approval. When Schedule II (§ 410-32) specifies that Planning Commission Review and Approval of a special use permit is required for a land use in a commercial or industrial 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 VII and IX of this chapter.
D. 
Accessory uses are permitted and regulated pursuant to § 410-19 of this chapter.
[Amended 7-17-2013 by Ord. No. 13-49; 10-9-2013 by Ord. No. 13-77; 2-4-2016 by L.L. No. 2-2016; 4-18-2018 by Ord. No. 18-48; 12-18-2019 by Ord. No. 19-157]
A. 
C-1 Service Commercial District.
(1) 
Residential uses shall not be located within the first 30 feet of the ground floor of any building, measured from the front façade of the building towards the rear, with the exception of incidental pedestrian entrances that lead to a dwelling elsewhere in the building. Notwithstanding the above, residential uses shall be permitted anywhere on the ground floor of existing buildings originally constructed as dwellings, as determined by the Planning Department and the Office of Building and Construction.
(2) 
Permitted by right, subject to Article IX:
Animal care
Automatic teller machine, subject to § 410-34A, G and F
Community center
Day care
Dwelling, one to three units
Eating and drinking establishment
General retail
Greenhouse/nursery
Industry, light
Medical office
Nursing home
Office
Personal service
Recreation, indoor
Research and development
Retail food sales
Studio/art gallery
Vehicle sales/rental, subject to § 410-55 and § 410-34A, I and K
(3) 
Permitted with Planning Commission review and approval of a special use permit:
Congregate living
Convenience store
Crematory
Drive-through business, subject to § 410-34A, B and F
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, multiple-unit
Educational institution
Event venue
Hospital, medical center, subject to § 410-34A and J
Overnight lodging
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Pawn shop
Place of worship
Recreation, outdoor
Self-service storage warehouse, subject to § 410-34A and K
Social services
Telecommunications facility, subject to § 410-42
Transportation service
Vehicle fuel station, subject to § 410-34A, B, F, H and I
Vehicle repair/service, subject to § 410-34A, H and I
Warehouse and distribution, subject to § 410-34A, E and H
B. 
C-2 Downtown Business District.
(1) 
Residential uses shall not be located within the first 30 feet of the ground floor of any building, measured from the front façade of the building towards the rear, with the exception of incidental pedestrian entrances that lead to a dwelling elsewhere in the building. Notwithstanding the above, residential uses shall be permitted anywhere on the ground floor of existing buildings originally constructed as dwellings, as determined by the Planning Department and the Office of Building and Construction.
(2) 
Permitted by right, subject to Article IX:
Animal care
Automatic teller machine, subject to § 410-34A, G and F
Community center
Day care
Dwelling, one to three units
Eating and drinking establishment
General retail
Greenhouse/nursery
Medical office
Nursing home
Office
Personal service
Recreation, indoor
Research and development
Retail food sales
Studio/art gallery
(3) 
Permitted with Planning Commission review and approval of a special use permit:
Congregate living
Drive-through business, subject to § 410-34A, B and F
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, multiple-unit
Educational institution
Event venue
Hospital, medical center, subject to § 410-34A and J
Industry, light
Overnight lodging
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Place of worship
Recreation, outdoor
Social services
Telecommunications facility, subject to § 410-42
Warehouse and distribution, subject to § 410-34A, E and H
C. 
C-3 Medical District.
(1) 
Permitted by right, subject to Article IX:
Animal care
Automatic teller machine, subject to § 410-34A, G and F
Community center
Day care
Dwelling, one to three units
Garden, community or neighborhood
Medical office
Nursing home
Personal service
Recreation, indoor
Research and development
Townhouses, two or three attached
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Congregate living
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, multiple-unit
Educational institution
Hospital, medical center
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Place of worship
Social services
Telecommunications facility, subject to § 410-42
Townhouses, four or more attached
D. 
C-4 Neighborhood Commercial District.
(1) 
Residential uses shall not be located within the first 30 feet of the ground floor of any building, measured from the front façade of the building towards the rear, with the exception of incidental pedestrian entrances that lead to a dwelling elsewhere in the building. Notwithstanding the above, residential uses shall be permitted anywhere on the ground floor of existing buildings originally constructed as dwellings, as determined by the Planning Department and the Office of Building and Construction.
(2) 
Permitted by right, subject to Article IX:
Animal care
Automatic teller machine, subject to § 410-34A, G and F
Community center
Day care
Dwelling, one to three units
Garden, community or neighborhood
General retail
Greenhouse/nursery
Medical office
Office
Personal service
Recreation, indoor
Retail food sales
Studio/art gallery
Townhouses, two or three attached
Vehicle sales/rental, subject to § 410-55 and § 410-34A, I and K
(3) 
Permitted with Planning Commission review and approval of a special use permit:
Congregate living
Convenience store
Crematory
Drive-through business, subject to § 410-34A, B and F
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, multiple-unit
Educational institution
Event venue
Hospital, medical center, subject to § 410-34A and J
Overnight lodging
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Pawn shop
Place of worship
Recreation, outdoor
Social services
Telecommunications facility, subject to § 410-42
Townhouses, four or more attached
Transportation service
Vehicle fuel station, subject to § 410-34A, B, F, H and I
Vehicle repair/service, subject to § 410-34A, H and I
Warehouse and distribution, subject to § 410-34A, E and H
E. 
C-5 Neighborhood Office District.
(1) 
Permitted by right, subject to Article IX:
Community center
Day care
Dwelling, one to three units
Garden, community or neighborhood
General retail
Greenhouse/nursery
Medical office
Nursing home
Office
Personal service
Studio/art gallery
Townhouses, two or three attached
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Animal care
Automatic teller machine, subject to § 410-34A, C and F
Congregate living
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, multiple-unit
Eating and drinking establishment, subject to § 410-34B
Educational institution, subject to § 410-34B
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Place of worship
Recreation, indoor
Townhouses, four or more attached
F. 
C-6 Limited Neighborhood Commercial District.
(1) 
Permitted by right, subject to Article IX:
Community center
Day care
Dwelling, one to three units
Garden, community or neighborhood
General retail
Greenhouse/nursery
Medical office
Nursing home
Office
Personal service
Studio/art gallery
Townhouses, two or three attached
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Animal care
Automatic teller machine, subject to § 410-34A, C and F
Congregate living
Convenience store
Dwelling, four or five bedrooms, subject to § 410-41A(1)
Dwelling, multiple-unit
Eating and drinking establishment, subject to § 410-34B
Educational institution, subject to § 410-34B
Event venue
Overnight lodging
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Place of worship
Recreation, indoor
Townhouses, four or more attached
Vehicle fuel station, subject to § 410-34A, B, F, H and I
G. 
I-1 Urban Business Park District.
(1) 
Permitted by right, subject to Article IX:
Eating and drinking establishment
Industry, light
Medical office
Office
Personal service
Recreation, indoor
Research and development
Studio/art gallery
Transportation service
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Animal care
Dwelling, multiple-unit
Educational institution
Hospital, medical center, subject to § 410-34A and J
Overnight lodging
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Recreation, outdoor
Self-service warehouse, subject to § 410-34A and K
Social services
Solar energy system, subject to § 410-34A, B, E and J
Telecommunications facilty, subject to § 410-42
Warehouse and distribution, subject to § 410-34A, E and H
H. 
I-2 Light and Medium Industrial District.
(1) 
Permitted by right, subject to Article IX:
Animal care
Automatic teller machine, subject to § 410-34A, C and F
Eating and drinking establishment
General retail
Greenhouse/nursery
Industry, light
Medical office
Office
Personal service
Recreation, indoor
Research and development
Studio/art gallery
Transportation service
Vehicle repair/service, subject to § 410-34A, H and I
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Adult entertainment, subject to § 410-34L
Crematory
Drive-through business
Educational institution
Overnight lodging
Parking area, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Recreation, outdoor
Self-service storage warehouse, subject to § 410-34A and K
Solar energy system, subject to § 410-34A, B, E and J
Telecommunications facility, subject to § 410-42
Vehicle fuel station, subject to § 410-34A, B, F, H and I
Vehicle sales/rental, subject to § 410-55 and § 410-34A. I and K
Warehouse and distribution, subject to § 410-34A, E and H
Waste-related services, subject to § 410-34A, E and L
I. 
I-3 Heavy Industrial District.
(1) 
Permitted by right, subject to Article IX:
Animal care
Automatic teller machine, subject to § 410-34A, C and F
Eating and drinking establishment
General retail
Greenhouse/nursery
Industry, light
Medical office
Research and development
Transportation service
Vehicle repair/service, subject to § 410-34A, H and I
(2) 
Permitted with Planning Commission review and approval of a special use permit:
Adult entertainment
Crematory
Drive-through business, subject to § 410-34A, B and F
Educational institution
Industry, general, subject to § 410-34B, G and H
Office
Parking, ancillary, subject to § 410-55
Parking, commercial, subject to § 410-55
Recreation, indoor
Recreation, outdoor
Self-service storage warehouse, subject to § 410-34A and K
Solar energy system, subject to § 410-34A, B, E and J
Telecommunications facility, subject to § 410-42
Vehicle fuel station, subject to § 410-34A, B, F, H and I
Vehicle sales/rental, subject to § 410-55 and § 410-34A. I and K
Warehouse and distribution, subject to § 410-34A, E and H
Waste-related services, subject to § 410-34A, E and L
[Amended 12-21-2011 by Ord. No. 11-51; 12-18-2019 by Ord. No. 19-157; 12-18-2024 by Ord. No. 24-120]
The following bulk requirements apply to commercial and industrial zoning districts:
Schedule IIA
Bulk Requirements in Commercial and Industrial Zoning Districts
Commercial
C-1
C-2
C-3
C-4
C-5
C-6
Minimum lot area (feet)
0
0
0
0
2,500
2,500
Minimum lot width (feet)
0
0
50
0
50
50
Minimum front setback (feet)
0
0
5
0
5
5
Minimum side setbacks (feet)
0
0
10
0
5
5
Minimum rear setback (feet)
20
20
20
20
20
20
Maximum lot coverage
90%
95%
90%
90%
90%
90%
Maximum building height (feet)
75
120
75
60
45
45
Industrial
I-1
I-2
I-3
Minimum lot area (feet)
6,000
6,000
6,000
Minimum lot width (feet)
50
50
50
Minimum front setback (feet)
5
20
25
Minimum side setbacks (feet)
10
10 + 5 per 15 feet of building height
20 + 5 per 15 feet of building height
Minimum rear setback (feet)
20
20
25
Maximum lot coverage
90%
75%
75%
Maximum building height, principal (feet)
75
75
75
[Amended 7-20-2009 by Ord. No. 09-023; 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
The following are special conditions that apply to certain land uses as noted in § 410-32, above:
A. 
A landscape buffer, pursuant to § 410-18, shall be provided along all public streets.
B. 
A landscape buffer, pursuant to § 410-18, shall be provided along all property lines abutting a residential district or property.
C. 
A landscape buffer, pursuant to § 410-18, shall be provided along all side and rear property lines.
D. 
A landscape buffer, pursuant to § 410-18, shall be provided along all property lines.
E. 
Solid fencing, pursuant to § 410-14, shall be provided along all side and rear property lines.
F. 
Standing vehicles shall not block any public sidewalk or occupy space on a public street.
G. 
All outside storage of equipment, materials or vehicles shall be enclosed by solid fencing pursuant to § 410-14.
H. 
No outside storage of equipment, materials or vehicles is permitted in the required front and side setback areas.
I. 
No outdoor storage of tires shall be permitted at any time.
J. 
No structure shall be located less than 30 feet from an abutting residential district or lot on which a residential use is established.
K. 
No outside display of sale or rental items shall be located in any required front setback area.
L. 
No such facility shall be located less than 500 feet from the boundary of any residential district or from a lot on which a residential use, a place of worship, a school or a public park is established regardless of the zoning district.