In this chapter, if not inconsistent with the
context, the singular may be taken for the plural, and the plural
for the singular; "person" may include an association, a partnership,
a corporation or other entity; the present tense includes the future;
the word "building" includes the word "structure"; the word "lot"
includes the word "plot"; and the word "shall" is mandatory and not
directory.
For the purpose of this chapter, certain terms
and words are herewith defined as follows:
A use customarily incidental and subordinate to the principal
use of a building.
Is the employment of land for the primary purpose of obtaining
a profit in money by raising, harvesting, and selling crops, or feeding
(including grazing), breeding, managing, selling, or producing livestock,
poultry, fur-bearing animals or honeybees, or by dairying and the
sale of dairy products, by any other horticultural, floricultural
or viticulture use, by animal husbandry, or by any combination thereof.
It also includes the current employment of land for the primary purpose
of obtaining a profit by stabling or training equines including, but
not limited to, providing riding lessons, training clinics and schooling
shows.
[Added 11-16-2010 by L.L.
No. 19-2015]
The keeping of any horses, cattle, sheep, goats, hogs, mules
or other customary farm animals, the keeping of any animals or creatures
customarily kept in zoos, and the keeping of any animals for sale,
boarding, lease, hire or farming. Three acres or more are required
to harbor animals defined as animal harboring. Animal harboring is
also defined as the harboring of five or more of any one or more species
of small domesticated animals such as dogs, cats, rabbits, pigs, chickens,
fowl, or such similar animals, which also requires three acres or
more. Roosters are not allowed in any residential district. Domesticated
animals should be properly leashed, caged, penned or housed, and should
not cause or present any health, safety, noise or odor issues.
[Amended 8-11-2009 by L.L. No. 8-2015; 12-21-2021 by L.L. No. 6-2021]
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations not determining use,
but excluding performance standards.
Any dwelling in which no more than three persons, either
individually or as families, are housed or lodged for hire, with or
without meals. A rooming house or a furnished room shall be deemed
a "boardinghouse."
A structure having a roof supported by columns or walls.
A building subordinate to the principal building on a lot,
structurally apart from the principal building and used for purposes
customarily incidental to those of the principal building.
A cargo/freight container shall be considered an accessory
building.
[Added 10-4-2022 by L.L. No. 3-2022]
The percentage of the plot or lot area covered by the buildings'
area.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the height between eaves and ridges for gable, hip and
gambrel roofs.
The line of the face of the building nearest the line of
the lot. This face shall include bay windows, covered porches, whether
enclosed or unenclosed, or any projections thereof, which are over
50 square feet in floor area, but not including overhangs of up to
three feet.
Is the authorization given by the Town of Binghamton to erect,
construct, renovate, maintain, or conduct any other specified activity
on any building or structure, or on any installations or facilities
therein.
[Added 11-16-2010 by L.L.
No. 19-2015]
The building in which the principal use located on a lot
is conducted.
A story partly underground, the walls of which are used as the foundation and/or substructure for those remaining stories of the structure partially or completely above mean grade level. It may be used as a dwelling unit prior to the completion of the structure, following the issuance of a permit by the Zoning Board of Appeals, as provided in Article X, § 240-61.
A sewage or water system which serves a development and is
paid for without public or special district administration or funding.
The approval by the Planning Board of a final plat subject
to conditions set forth by the Planning Board in a resolution conditionally
approving such plat. Such conditional approval does not qualify a
final plat for recording nor authorize issuance of any building permits
prior to the signing of the plat by a duly authorized officer of the
Planning Board and recording of the plat in the office of the County
Clerk or register as herein provided.
[Added 11-16-2010 by L.L.
No. 19-2015]
A building or portion thereof containing three or more dwelling
units. This description shall include apartment houses, garden apartments,
townhouses and condominiums.
A detached building containing one dwelling unit.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
Raising agricultural products, livestock, poultry and/or
dairy products on a tract of three acres or more. Does not include
raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels. A "dog kennel" is a structure used for the
harboring of more than three dogs that are more than six months old.
[1]A drawing or drawings that show a proposed subdivision, containing
in such additional detail as required by the Planning Board all information
required to be shown on a preliminary plat and the modifications,
if any, required by the Planning Board at the time of approval of
the preliminary plat if such preliminary plat has been so approved.
[Added 11-16-2010 by L.L.
No. 19-2015]
The signing of a plat in final form by a duly authorized
officer of a Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the County Clerk.
[Added 11-16-2010 by L.L.
No. 19-2015]
Any building or land that is used for the sale of motor fuel,
oil and motor vehicle accessories and which may include facilities
for lubricating, washing or servicing motor vehicles, but not including
painting or major repairs to vehicles.
The area of space, as used herein, contained within the room
or rooms in the main structure.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. No person outside of the dwelling
shall be employed in the home occupation. There shall be no external
evidence of such use, except an announcement or sign not over six
square feet in area.
[Amended 4-15-2003 by L.L. No. 1-2003]
A contract agreed to by owners of homes in any area that
provides regulations for the operation and maintenance of commonly
owned facilities and/or open space.
Engaging in any activity or business, either for profit or
otherwise, at wholesale or retail, which involves a collection, storage,
burning, dumping, disassembling, dismantling, salvaging, sorting or
otherwise handling or arranging for sale, resale, storage or disposal
or otherwise of bodies, engines or parts of autos, or of any other
secondhand or used property, of whatever material it is composed,
or any waste material, whether composed of wood, paper, cloth, cardboard,
plastics, metals, stones, cement or otherwise.
A parcel of land having distinct and defined boundaries as
described in a separate deed.
The total horizontal area included within the lot lines.
A lot situated at the junction of two or more streets or
highways.
The mean distance from the front line of the lot to its opposite
rear line, measured in the general direction of the side lines of
the lot.
The lot line which abuts upon a street or highway right-of-way
boundary.
A parcel of land which is not occupied by a building or structure.
The shorter of two straight lines, one line running from
corner to corner where side lines meet the street line and the other
line running from side to side along the front setback line.
[Amended 9-6-1977 by L.L. No. 5-1977]
A distance equal to the height of the tower plus the length
of the blade times 1.5.
[Added 11-15-2005 by L.L.
No. 1-2005]
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle; which is used, designed
to be used and capable of being used as a detached single-family residence;
and which is intended to be occupied as permanent living quarters
containing sleeping accommodations, a flush toilet, a tub or shower,
kitchen facilities and plumbing and electrical connections for attachment
to outside systems. This definition does not include modular housing
placed on a standard foundation, or travel trailers.
Any parcel of land which is planned for the placement of
mobile homes which are used as dwellings and for occupancy of more
than 90 consecutive days.
A dwelling unit constructed off site, consisting of more
than one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate, and which meets all the
standards of the New York State Fire Prevention and Building Code
Council.
[Amended 4-15-2003 by L.L. No. 1-2003]
The portion of the wind turbine that connects the rotor to
the support tower, and houses the generator, gearbox, drive train,
and braking system.
[Added 11-15-2005 by L.L.
No. 1-2005]
Is any lot existing at the time of enactment of this chapter
which does not conform to the minimum size of the district or zone
in which it is located.
[Added 11-16-2010 by L.L.
No. 19-2015]
Use that does not conform with the regulations of the district
in which it is situated.
Land not covered by buildings or parking lots, open storage,
mining operations or any other use that visually obscures the natural
or improved landscape, except for recreational facilities.
[2]The design of a development, including a plot of subdivision,
all covenants related to use, location and bulk of buildings and structures,
intensity of use or density of development, private streets, ways
and parking facilities, common open space and facilities. The phrase
"provisions of the plan," when used in these regulations, shall mean
the written and graphic materials referred to in this definition.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with the provisions of this section.
[Added 11-16-2010 by L.L.
No. 19-2015]
A residence in which the occupant has a profession: office
of an architect, accountant, chiropractor, dentist, doctor of medicine,
landscape architect, land surveyor, lawyer, optometrist, osteopath,
physiotherapist, planning consultant, podiatrist, professional engineer
or psychologist which is clearly secondary to the dwelling use for
living purposes and does not change the residential character thereof,
and where not more than two persons in addition to the resident professional
are working.
[Amended 4-15-2003 by L.L. No. 1-2003]
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer, and other similar
uses.
[Added 11-15-2005 by L.L.
No. 1-2005]
The minimum distance between the front, side or rear lot
line and the front, side or rear building line, respectively.
Site plan shall mean a plan, prepared to scale, depicting
accurately and with complete dimensions all of the proposed buildings,
structure and uses on a particular lot and showing the manner by which
the development and use of the lot conforms to the development standards
required by the Town of Binghamton.
[Added 11-16-2010 by L.L.
No. 19-2015]
Persons or persons who are applying to site a wind energy-deriving
tower facility.
[Added 11-15-2005 by L.L.
No. 1-2005]
Anything constructed or erected, the use of which requires
location on the soil or which is attached to something having location
on the soil.
A public or private right-of-way for vehicles and pedestrians,
used or laid out to furnish access to two or more lots. "Street" shall
be taken as synonymous with "road" or "highway."
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A building or structure existing at the time of enactment
or amendment of this chapter and which does not conform to the area
regulations of the district or zone in which it is situated.
[Amended 4-15-2003 by L.L. No. 1-2003]
Any portable vehicle which is designed to be transported
on its own wheels; which is designed and intended to be used for temporary
living quarters for travel, recreation or vacation purposes; and which
may or may not include all of the facilities included in a mobile
home. Said travel trailer shall be less than 35 feet in length and
not more than eight feet in width.
The authorization consistent with New York State Town Law
§ 267-b and by the Zoning Board of Appeals for the use of
land in a manner which is not allowed by the dimensional or physical
requirements of the applicable zoning regulations.
[Added 11-16-2010 by L.L.
No. 19-2015]
The authorization consistent with New York State Town Law
§ 267-b and by the Zoning Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 11-16-2010 by L.L.
No. 19-2015]
Any tower, pole, or other structure, whether attached to
a building, guyed, or freestanding, designed to be used for the support
of a rotor that consists of blades and hub, as well as a nacelle and
generator for producing electricity.
[Added 11-15-2005 by L.L.
No. 1-2005]
Any structure other than a wind turbine, related to the use
and purpose of deriving energy from such towers, located at the tower
facility.
[Added 11-15-2005 by L.L.
No. 1-2005]
More than one tower, pole, or other structure, whether attached
to a building, guyed, or freestanding, designed to be used for the
support of a rotor that consists of blades and hub, as well as a nacelle
and generator for producing electricity intended to provide wholesale
electricity production for delivery on the local transmission network.
Any wind energy-deriving tower/wind turbine not meeting the definition
of a wind energy-deriving tower/wind tower (small project) shall,
for the purposes of this chapter, be considered a wind energy-deriving
tower/wind tower (large project).
[Added 11-15-2005 by L.L.
No. 1-2005]
One tower, pole, or other structure, whether attached to
a building, guyed, or freestanding, designed to be used for the support
of a rotor that consists of blades and hub, as well as a nacelle and
generator for producing electricity and is intended to reduce on-site
consumption of utility power. Wind energy-deriving towers/wind towers
not meeting the requirements of this definition shall be considered
wind energy-deriving towers/wind towers (large project).
[Added 11-15-2005 by L.L.
No. 1-2005]
A site where one or more wind energy-deriving tower(s) or
wind turbines will be located, including all accessory facilities
or equipment.
[Added 11-15-2005 by L.L.
No. 1-2005]
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
An open, unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
An open, unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot,
and extending the full width of the lot.
The required open, unoccupied space on the same lot with
the building between the side line of the building and the side line
of the lot, and extending along the side lot lines from the front
yard to the rear yard.
