Learn about Bates Troy Healthcare Linen's abuse of the law at www.batestroynoisyneighbor.org

Binghamton's Noise Control Ordinance is here: www.batestroynoisyneighbor.org/city-of-binghamton-noise-control-ordinance.php

[Adopted by the City Council of the City of Binghamton 8-7-2006 by Ord. No. 06-31 (Appendix A of the 1970 Code). Amendments noted where applicable.]

GENERAL REFERENCES
Commission on Architecture and Urban Design —  See Ch. 18, Art. VI.
Landmarks Preservation Commission —  See Ch. 18, Art. XII.
Building construction —  See Ch. 200.
Unsafe buildings —  See Ch. 203.
Erosion control —  See Ch. 227.
Flood damage prevention —  See Ch. 240.
Housing and property maintenance —  See Ch. 265.
Collateral loan brokers and secondhand dealers —  See Ch. 275, Arts. II and III.
Noise —  See Ch. 292.
Use of rights-of-way —  See Ch. 327.
Sewer use —  See Ch. 342.
Solid waste —  See Ch. 350.
Subdivision of land —  See Ch. 360.
Water —  See Ch. 405.

§ 410-1. Title.

This chapter shall be known and cited as the "Zoning Ordinance of the City of Binghamton, New York."

§ 410-2. Purpose and intent.

The purpose of this chapter is to implement the policies of the City of Binghamton as expressed in the Comprehensive Plan adopted by City Council on May 5, 2003. It is intended that the provisions of this chapter shall be held to be the minimum requirements adopted for, among others, the following purposes:

A.	To promote the public health, safety and general welfare of the citizens.
B.	To provide adequate light, air, and privacy, and to secure safety from fire and other dangers.
C.	To prevent the overcrowding of land and the undue concentration of population.
D.	To protect natural features such as forested areas and water and drainage courses, and to minimize the hazards to persons and damage to property resulting from the accumulation or runoff of storm and flood waters.
E.	To protect and conserve the existing or planned character of all parts of the City and, thereby, aid in maintaining their stability and value, and to encourage the beneficial development of all parts of the City.
F.	To provide a guide for public policy and action that will facilitate the economical provision of public facilities and services, and for private enterprise in building development, investment and other economic activity relating to use of land and buildings throughout the City.
G.	To minimize conflict among uses of land and buildings, and to bring about the gradual conformity of uses of land and buildings throughout the City to the concepts of a well-considered plan.
H.	To divide the City into districts and to prescribe for each such district the trades, industries and land use activities that shall be permitted, excluded or subjected to special regulations before buildings are altered or erected, or land is used.
I.	Pursuant to and in accordance with the provisions of § 20(24) of the General City Law, to regulate and limit the height, bulk and location of buildings hereafter erected, to regulate and determine the area of yards, courts and other open spaces, and to regulate the density of population in any given area.
J.	To safeguard the heritage of the City of Binghamton by preserving significant districts and landmarks which reflect periods of its cultural, social, economic, political, artistic and architectural history.
K.	To promote the preservation, rehabilitation, restoration and use of historic landmarks and buildings for the education, pleasure and general welfare of City residents.

§ 410-3. Applicability of article.

For the purpose of this chapter, meanings of the following words and phrases shall be as defined in this Article II.

§ 410-4. Interpretation.

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.

§ 410-5. Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:

ABUTS, ABUTTING  — Having a common property line or zoning district line; adjoining, touching.

ACCESSORY BUILDING — 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.

ACCESSORY USE — 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.

ADJACENT — To lie near or close to; in the neighborhood or vicinity of but not necessarily touching.

ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals or coin-operated machines which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined in this section), or an establishment with the equivalent of 100 lineal feet of shelving or counter space devoted to the sale or display of such material.

ADULT ENTERTAINMENT ESTABLISHMENT — An establishment having as a substantial or significant portion of its stock-in-trade, including, but not limited to, the presentation, characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities (as defined in this section), of the following activities: live shows; motion-picture films or sound recordings presented to a common audience in an enclosed common area; visual or audio material presented by coin- or slug-operated, or electronically or mechanically controlled, still or motion-picture machines, projectors or other image-producing devices to five or fewer persons per machine at any one time; any business enterprise serving food, beer, wine, or liquor whose entertainers, waiters, or waitresses appear in a state that displays any specified anatomical areas (as defined in this section); or any business enterprise that offers services requiring or allowing the client or customers to display any specified anatomical areas, except medical and health establishments.

ADULT NOVELTY STORE — An establishment having as a substantial or significant portion of its stock-in-trade, including, but not limited to, articles of clothing, mechanical devices and accessories which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined in this section), or an establishment with a segment or section exclusively devoted to the sale or display of such material.

ADULT RESIDENTIAL CARE FACILITY — Residential facilities for adults where minimal medical care and personal hygiene are provided to residents on a twenty-four-hour basis for persons who, by reason or limitations associated with age or physical disabilities, are unable to live independently. A. There are two types: (1) Facilities for four or fewer adults: licensed and periodically inspected by the Broome County Department of Social Services. (2) Facilities for five or more adults: licensed and periodically inspected by New York State Department of Social Services. B. See also “convalescent home” or “foster homes for adults.”

AGRICULTURE — The growing of crops, fruits, plants, vines, trees or shrubs for commercial sale and accessory uses customarily incidental to such activities. (See also “garden, noncommercial,” “garden, community or neighborhood,” and “greenhouse, commercial.”)

ALLEY — A dedicated public thoroughfare affording a secondary means of access to abutting property and not intended for general traffic circulation.

ALL-TERRAIN VEHICLE or ATV — Any recreation vehicle with three or more tires, weighing under 850 pounds, 48 inches or less in width, having a wheelbase of 61 inches or less, traveling on low-pressure tires of 10 psi or less. This includes: go-karts, motor scooters and midget autos.

ALTERATIONS — 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.

ALTERNATIVE DOMESTIC ENERGY SUPPLY INSTALLATION — The installation of a device designed to provide alternative sources of energy, including but not limited to windmills and solar panels.

AMUSEMENT ARCADE — 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, or a restaurant, bowling alley, billiard parlor, transportation terminal, hotel, or motel which contains eight or more such electronic or mechanical games.

AMUSEMENT GAME — Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game of skill by the insertion of a piece of money, coin, token or other article, or by paying money to have it activated. This definition does not include: A. A jukebox. B. Amusement park rides. C. Bowling alleys. D. Any device maintained within a private residence for use of the occupants thereof and their guests. E. Any device the possession or use of which is prohibited by law. F. Pool tables. G. Adult bookstores or novelty stores.

ANIMAL CLINIC — Any structure where animals or pets are given medical or surgical treatment, but not including boarding or kenneling of animals.

ANIMAL HOSPITAL — A building used for the treatment, housing, kenneling, or boarding of small household pets such as dogs, cats, rabbits, ferrets, and birds by a veterinarian.

ANTENNA AND SATELLITE DISH — 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.

ART GALLERY — A structure or building utilized for the display of artwork, including paintings, sculptures, and paintings for sale to the public.

AUTOMATIC TELLER MACHINE — Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.

AUTOMOBILE BODY SHOP — A shop in the business of making substantial repairs to the shell or body of any automobile, and of major or substantial painting of the shell or body, and where the following services may also be carried out: general auto repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame or fender straightening and repair, overall painting and undercoating. The shop must be licensed by New York State.

AUTOMOBILE DETAILING BUSINESS — An establishment that specializes in the installation of pin striping, window tinting, and decals on passenger vehicles. Accessory cleaning, washing, and waxing may be performed, but no repairs of any kind are permitted.

AUTOMOBILE hand washing BUSINESS — Any structure or land where the washing and/or waxing of automobiles or other motor vehicles is carried on manually by high-pressure spraying in a self-service manner.

AUTOMOBILE MECHANICAL WASHING BUSINESS — Any structure or land where the washing and/or waxing of automobiles or other motor vehicles is carried out by a chain or other conveyor system with water jets, blowers and/or steam cleaning devices.

AUTOMOBILE REPAIR, PRIVATE NONRESIDENTIAL — The repair of motor vehicles owned by anyone other than the registered owner of that vehicle.

AUTOMOBILE REPAIR SHOP — A place where the following services may be carried out: general auto repair, engine rebuilding, and rebuilding or reconditioning of motor vehicles. Automobile repair stations shall not include collision services or painting and undercoating of motor vehicles. The sale of engine fuels may or may not also be carried on. The shop must be licensed by the New York State Department of Motor Vehicles.

AUTOMOBILE SERVICE STATION — 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 other specialty items, may occur. Automobile service stations shall not include sale or storage of automobiles or trailers, new or used. The facility must be licensed by the New York State Department of Motor Vehicles.

AUTOMOBILE/VEHICLE SALES FACILITY — A commercial establishment of which the principal use is sales of automobiles, light trucks and/or vans. [See the definitions of “motor vehicle sales, new,” “motor vehicle sales, used (major),” and “motor vehicle sales, used (minor).”]

AUTOMOBILE WRECKING YARD — See “vehicle salvage facility.”

AUTOMOTIVE PARTS AND ACCESSORIES ESTABLISHMENT — A business that sells new, used, and reconditioned automotive parts and accessories. Auto parts may be reconditioned on-site, but no auto repairs or installations are allowed. This definition shall be distinctive from "junkyard" and "vehicle salvage facility."

AWNING/CANOPY — 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.

BAKERY, RETAIL — A building or structure utilized for the baking of breads and/or pastries for sale on-premises.

BAKERY, WHOLESALE — A building or structure utilized for the baking of breads and/or pastries for sale off-premises.

BANK AND FINANCIAL INSTITUTIONS (WITH OR WITHOUT DRIVE-THROUGH) — 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. [Amended 12-4-2006 by L.L. No. 2-2006]

BANK, DRIVE-THROUGH — A bank where transactions are made to customers within an automobile outside the confines of a building.

BANQUET/CATERING FACILITY — An establishment which serves food and drink and provides entertainment to paying customers and their invited guests for weddings, bar mitzvahs, birthdays and other similar occasions.

BARBERSHOP/BEAUTY PARLOR — An establishment for the cutting and care of hair and/or fingernails, tanning, facial make-up consulting, waxing, one or any combination of the above and other beauty-related services.

BASEMENT — 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.

BED-AND-BREAKFAST HOME — 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. The occupancy of such a bed-and-breakfast home is limited to two persons or one family per lodging unit or guestroom.

BED-AND-BREAKFAST INN — An owner-managed dwelling that provides six to 10 guest rooms, limited to two persons or one family per lodging unit or guest room, on an overnight basis for periods not to exceed 21 days. A bed-and-breakfast inn is not a multiple-family residence.

BEDROOM — Any room in a dwelling that is to be used for sleeping.

BILLBOARD — See Article XI, § 410-60B(2).

BILLIARD PARLOR/POOL HALL — An establishment where more than 50% of the business is dedicated to billiards.

BOARDINGHOUSE — 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.”)

BOWLING ALLEY — 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.

BREW PUB — A restaurant containing a microbrewing facility for the brewing and storage of beer only, primarily for consumption on premises. Such brewing facilities shall be accessory to a restaurant.

BUFFER STRIP — 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.)

BUILDING — 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.

BUILDING AREA — 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.

BUILDING HEIGHT — 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.

BUILDING LINE — 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.

BUILDING, PRINCIPAL — A building within which is conducted the principal use or activity of the lot on which said building is located.

BUILDING SUPPLY YARD — 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.

BULK REGULATIONS — Zoning requirements related to such things as lot area and size, yard dimensions, height, percentage of lot covered and regulations other than land use. Such requirements are generally set forth in §§ 410-28 and 410-33, Schedules IA and IIA, of this chapter.

BUS DEPOT — A lot containing a building or structure utilized for the boarding and exiting of buses, the selling of transport tickets, and the incidental sale or dispensing of food and drink, but specifically excluding any bus garage or the servicing or repairing of buses.

BUSINESS — An activity, occupation, employment or enterprise which requires time, attention, labor and materials and wherein merchandise is exhibited or sold, or services offered.

BUSINESS OFFICE — A building or portion thereof utilized to accommodate the activities of a business. Uses include, but are not limited to, an insurance agency, real estate agency, abstract business, and computer-related services. (See “business.”)

CANOPY — See “awning.”

CARPORT — A roofed vehicle shelter with two or more open sides; an accessory building.

CATERING SERVICE — Preparation and delivery of food and beverages exclusively for off-site service without provisions for on-site consumption by consumers.

CAUD — Commission on Architecture and Urban Design created by Chapter 18, Art. VI.

CELLAR — 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.”)

CLINIC, MEDICAL, DIAGNOSTIC OR TREATMENT CENTER — A building or portion thereof, the principal use of which is for offices of one or more practitioners and related support staff for the provision of medical, dental and/or optical services. This definition is meant to encompass a more intensive multiservice type of medical office in comparison to individual or group private practice of medicine. Services may include but are not limited to out-of-hospital examinations, on-site testing, treatment, including surgery, emergency room services, sophisticated testing equipment and twenty-four-hour accommodations for patients and their families. For the purpose of this chapter, this definition is also meant to include health maintenance organizations (HMOs) and medical surgery centers. (See also “professional office, health-related.”)

CLUB OR LODGE, MEMBERSHIP — An organization catering exclusively to members and their guests, or land and buildings used for recreational, social or athletic purposes. Such activity shall not be conducted primarily for gain, and no merchandising, business activities or commercial sales shall be conducted except as required generally for the membership and purposes of such club.

CLUSTER DEVELOPMENT — 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.

COMMUNITY CENTER — A cultural, educational or recreational facility designed for neighborhood-wide or City-wide use and operated on a not-for-profit basis.

COMMUNITY RESIDENTIAL FACILITY — 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, which include but are not limited to: A. FAMILY CARE —  Residences in private homes in which a family or individual cares for a small number (three or fewer) of mentally ill adults. B. FAMILY CARE RESIDENCES —  Lodging and care for mentally retarded or developmentally disabled adults or children in private homes which are certified to provide such care by the State of New York. Existing family care residences have a maximum of 10 beds. Newly created residences are limited to six or fewer persons. The site selection law does not apply. C. COMMUNITY RESIDENCE FOR YOUTHS (GROUP HOME) —  Homes for youths above the number typically placed in a foster home, generally eight or more youths; not a residence for mentally or physically disabled children or youths; licensed by the New York State Department of Social Services, Division for Youth, or other sponsoring agencies. Typically, the state has a locally based sponsor that is often a nonprofit social service agency. D. CONTROLLED SUBSTANCE COMMUNITY RESIDENCE —  Group home or apartment for drug or alcoholic patients where there is periodic supervision by counselors; certified by the NY State Division of Alcoholism. E. COMMUNITY RESIDENCE, OTHER —  A community residence, other than those listed in Subsection A through D above, that is not subject to the New York State site selection law.

COMMUNITY RESIDENTIAL FACILITY FOR THE DISABLED — A facility subject to licensing by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities which provides a residence for up to 14 mentally disabled persons, including residential treatment facilities for children and youth. Such facilities are subject to the New York State site selection law. Editor's Note: See Mental Hygiene Law § 41.34. Such facilities include, but are not limited to, the following: community residence, supervised; community residence, supportive; individual residential alternative; intermediate-care facility, family care, and residential school.

CONDOMINIUM — A building project of single dwelling units, which may consist of one or more buildings 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.

CONFORMING BUILDING — 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.”)

CONSERVATION — The continuation of land in its natural state or any use that will maintain the land in essentially its natural state.

CONSTRUCTION EQUIPMENT SALES, STORAGE, AND MAINTENANCE — A lot utilized for the purpose of storage, rental, and sales of construction equipment, including trucks associated with construction and the maintenance, repair, and servicing of the same. The facility must be licensed by the New York State Department of Motor Vehicles.

CONTIGUOUS — See “abuts.”

CONTRACTOR'S OFFICE AND YARD, BUILDING — A property that is used as the office and yard of a building trade contractor. A building trade contractor shall be defined as any contractor who is in the business of constructing or remodeling any building or structure. This definition includes electrical, plumbing, and HVAC contractors.

CONTRACTOR'S OFFICE AND YARD, HEAVY CONSTRUCTION — A property that is used as the office and yard of a heavy construction contractor. A heavy construction contractor shall include, but is not limited to, bridge builders, water and sewer installers, concrete installers, blacktop paving companies, excavation and filling, building demolition, and road reconstruction contractors.

CONVALESCENT HOME — 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." Not included in this definition are establishments for the care of the mentally ill. There are two types of homes: A. HEALTH-RELATED NURSING FACILITIES —  For medically needy persons who do need medical care but not of the skilled variety. Residents are able to take limited care of themselves and even leave the home for periods of time. B. SKILLED NURSING FACILITIES —  These are nursing homes where the patient is in need of the attention of skilled medical professionals and is not able to attend to his or her own needs or can do so only to a very limited degree. Nursing homes can only be built or expanded with the approval of New York State. The state has very specific policies on the number of nursing home beds allowed various regions of the state. This definition does not include licensed care in private homes. (See also “adult residential care facility,” “foster homes for adults,” “community residential facility,” and “community residential facility for the disabled.”)

CONVENT — A residence of a religious order, which may include facilities for assembly and education. (See also “monastery.”)

CONVERSION — The changing of use or occupancy by alteration, addition, or by other reorganization.

COVERAGE, BUILDING — 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.

COVERAGE, LOT — 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.

CREMATORY — A building containing facilities designed for or capable of incinerating deceased human or animal remains.

CRISIS RESIDENCE — See “community residential facility” or “halfway house.”

CULTURAL FACILITIES/MUSEUMS — An indoor or outdoor theater, auditorium, or other building or structure designed, intended, or primarily used for musical, dance, dramatic, or other live performances or a museum or gallery operated primarily for the display rather than sale of works of art.

DAY CARE — Day care as regulated by the New York State Department of Social Services provides for day-care services as follows: A. FAMILY DAY CARE —  As used in § 390 of the Social Services Law, day care of children shall mean care provided for three or more children away from their own homes for less than 24 hours per day in a family home which is operated for such purpose, for compensation or otherwise, for more than five hours per week. A permit or certificate, as appropriate, is issued by the New York State Department of Social Services to regulate this type of care. B. DAY-CARE CENTER (FACILITY) —   (1) As used in 18 NYCRR § 418.1 et seq., day care of children shall mean care provided for three or more children away from their own homes in a day-care center, excluding those children receiving family day care as defined in “family day care.” Such care shall be for more than three hours or fewer than 24 hours per day per child to any child accepted for care therein. The term "day care of children" includes services provided with or without compensation or payment. (2) Scope. (a) “Day-care center (facility)" shall mean a place, person, association, corporation, institution, or agency which provides day care as defined in 18 NYCRR § 418.1(a) and in which parents, guardians, or others responsible for care place children. The name, description, or form of the entity which operates a day-care center shall not affect its status as a day-care center. (b) The term "day care center" shall not refer to care provided in: [1] A day camp as defined in the State Sanitary Code (10 NYCRR Chapter 1). [2] An after-school program operated for the primary purpose of religious education. [3] A facility: [a] Operated by a public school district; or [b] Providing day services under an operating certificate issued by the Department of Social Services; or [c] Providing day services under an operating certificate issued by the Department of Mental Hygiene. (3) Permit (license) is a document issued by the Department authorizing a place, person, association, corporation, institution, or agency to provide care for children in a day-care center in accordance with the regulations of the Department.

DAY CARE, ADULT GROUP — Provision of daytime care in a residential or nonresidential structure to more than six 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.

DAY CARE, ADULT HOME — Provision of 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.

DEPARTMENT STORE — A retail institution over 5,000 square feet that offers a variety of non-food goods for sale under one roof.

DEPENDENT RELATIVE — A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.

DEVELOPMENT — 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.

DORMITORY, OFF-CAMPUS — A building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories.

DRIVEWAY — That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

DRY-CLEANING ESTABLISHMENT — 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.

DRY-CLEANING PLANT — An establishment in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises.

DUST — Solid particulate matter capable of being airborne or gasborne.

DWELLING A. A building or portion thereof which meets the following criteria: (1) Designed, used or intended to be used exclusively as year-around and complete living quarters for one family or household. (2) Provides cooking and bathroom facilities and an independent entrance from the outside or from a common hall or entryway. (3) Meets applicable requirements of the New York State Uniform Fire Prevention and Building Code. B. For purposes of this chapter a dwelling does not include a hotel, motel, rooming house, dormitory, fraternity, sorority, camping trailer, tourist home or similar building.

DWELLING, ACCESSORY — Living space located within an owner-occupied dwelling and containing no separate exterior entrance and not more than 325 square feet of area.

DWELLING, EARTH-SHELTERED — A one- or two-unit dwelling specifically designed and constructed to use earth as a barrier and temperature moderator. In such dwellings, the roof and exterior walls may be covered by earth if at least one exterior wall is exposed to light and air and has the outside ground level at or below the lowest habitable floor level for at least half of the length of such exposed wall.

DWELLING, MANUFACTURED HOME — A one-unit dwelling which has the following distinguishing characteristics: A. Manufactured as a movable or portable dwelling for year-round occupancy and for installation on a masonry or concrete foundation, or a mobile home stand, or piers, with or without a basement or cellar. B. Designed to be transported on its own chassis and wheels and connected to utilities after placement on a stand, foundation or piers. C. May contain parts that can be folded, collapsed or telescoped when being towed and expanded later to provide additional living space. D. May be constructed in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. E. Bears the approval of the Department of Housing and Urban Development.

DWELLING, MODULAR — A dwelling which is constructed by a method or system of construction whereby the basic structure or its components are wholly, or in a substantial part, manufactured in manufacturing facilities, designed to be transported to a lot, but not on its own chassis or wheels, for assembly and permanent installation on a foundation; a modular home. For purposes of this chapter, a manufactured home is not to be construed as a modular home. Modular dwellings must contain the insignia of approval from the State Fire Prevention and Building Code Council.

DWELLING, MULTIPLE-UNIT — One or more buildings, or portions thereof, on a single lot, containing three or more dwellings. For purposes of this chapter, this definition includes apartments, elderly housing, rental townhouses, cooperative housing and condominiums.

DWELLING, ONE-UNIT — A building or portion thereof containing no more than one dwelling.

DWELLING, TOWNHOUSE — A dwelling containing two or more dwelling units each located on its own individual tax parcel, each of which has one or two side walls in common with side walls of abutting dwelling units and are party or lot-line walls.

DWELLING, TWO-UNIT — A building or portion thereof containing no more than two dwellings; a duplex or twin.

EASEMENT — The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

ELDERLY HOUSING — See “dwelling, multiple-unit.”

ELEEMOSYNARY/PHILANTHROPIC ORGANIZATION — Any organization of, relating to, or supported by charity.

ESSENTIAL SERVICES (PUBLIC FACILITIES) — 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.

EXTRACTIVE USE — 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.”

FAMILY — Any number of individuals related by blood, marriage or adoption; or any number of individuals not related by blood, marriage or adoption living together and who meet the indicias for a functional and factual family equivalent.

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, which will consider, among other things, the following factors: A. Whether the occupants share the entire dwelling unit or act as separate roomers. B. Whether the household has stability akin to a permanent family structure. The criteria used to determine this test may include the following: (1) Length of stay together among the occupants in the current dwelling unit or other dwelling units. (2) The presence of minor, dependent children regularly residing in the household. (3) The presence of one individual acting as head of household. (4) Proof of sharing expenses for food, rent or ownership costs, utilities and other household expenses. (5) Common ownership of furniture and appliances among the members of the household. (6) Whether the household is a temporary living arrangement or a framework for transient living. (7) Whether the composition of the household changes from year to year or within the year. (8) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

FAMILY CARE RESIDENCE — See “community residential facility.”

FAMILY DAY CARE — See “day care.”

FAST-TRACKING — A type of construction which divides the design stage into component parts, with each story or stage of the building or structure requiring approval by the Supervisor of the Office of Building and Construction prior to construction. Each story or stage of the building or structure can be built before the design for any subsequent story needs to be completed or approved. Fast-tracking does not exempt the owner from any other provisions of this chapter or any other City ordinance. The initial application for fast-tracking shall include the submission of architectural preliminary drawings of the conceptual plan and design, including at least ground plan dimensions and building height, which shall not be altered at any later stage except by express written consent of the Supervisor of the Office of Building and Construction.

FEED WAREHOUSE — An establishment that stores and sells bulk quantities of feed (corn, grain, etc.). The storage of products may include, but is not limited to, the use of silos.

FLEA MARKET, LONG-TERM — A periodic market held in an open area or structure where an individual or group of individual sellers offer goods for sale to the public for a period of time greater than three consecutive days and less than 30 days.

FLEA MARKET, SHORT-TERM — An occasional market held in an open area or structure where groups of individual sellers offer goods for sale to the public for a period of three consecutive days or less.

FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry areas from an overflow of streams or rivers or other bodies of water caused by severe storms or unusual and rapid surface water runoff.

FLOOD BOUNDARY AND FLOODWAY MAP — The official map of FEMA prepared as part of the flood insurance study for the City on which the boundaries of the five-hundred-year flood, the one-hundred-year or base flood and the floodway in 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” and including the flood hazard area and regulatory floodway area.

FLOOD HAZARD AREA — The area of the one-hundred-year floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year) and is delineated on the Flood Insurance Rate Map (FIRM) and Flood Hazard Boundary Map issued by the Federal Insurance Administration, Department of Housing and Urban Development.

FLOODPLAIN MANAGEMENT AREA — All that land adjacent to a body of water which has been or hereafter may be covered by a base flood.

FLOODPLAIN, SUBSTANTIAL IMPROVEMENT A. Any repair, reconstruction or improvement of a structure within the floodplain, the cost of which equals or exceeds 50% of the market value of the structure either: (1) Before the improvement or repair; or (2) If the structure has been damaged and is being restored, before the damage occurred. B. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. C. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a state inventory of historic places.

FLOODPROOFING — 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 and their contents.

FLOOR AREA, GROSS — 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.

FLOOR AREA RATIO — 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.

FOOD DELIVERY ESTABLISHMENT — A business serving ready-to-eat foods and supplying delivery services to customers via company and/or employee vehicles.

FOSTER CARE HOME — Private single-family residences licensed by the Broome County Department of Social Services and/or the New York State Department of Social Services. There are two types of residences: A. FOSTER HOMES FOR YOUTHS, NONINSTITUTIONAL —  Residential and family-oriented living environments for up to six children below the age of 16, or age 21 if the child was in foster care prior to age 16. The number six includes any natural or adopted children already in the family unit and living at home. The number six limit may be waived by Social Services if the foster children are related. This would allow related foster siblings to reside together even though the household's total number of children might exceed the six-person limit. (For six or more children, see “community residential facility.”) B. FOSTER HOMES FOR ADULTS —  Homes are intended to serve the more seriously medically ill adult who would otherwise qualify for nursing home care. The foster care provider would be trained to handle basic personal care services with supportive nursing services available; generally, four or fewer beds per home.

FRATERNITY OR SORORITY HOUSES — A place of residence or similar structure that is occupied by a nationally chartered membership organization or a local chartered organization and used, occupied and maintained for persons enrolled in a college, university, or other educational institution, and which may or may not be recognized and subject to controls by such educational institution.

FRONTAGE — The greater of: A. The distance between side lot lines measured along the street right-of-way line; or B. A line parallel to the street right-of-way line at the distance specified for front yard depth.

FUNERAL HOME — 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.”)

GARAGE, PRIVATE RESIDENTIAL — 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.

GARAGE SALE — 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. (See also “flea market, short-term.”)

GARAGE, STORAGE OR OFF-STREET PARKING — 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.

GARDEN, COMMUNITY OR NEIGHBORHOOD — 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.

GARDEN, NONCOMMERCIAL — An area used for the individual growing of fruit, vegetables and flowers which are not to be sold commercially. (See also “garden, community or neighborhood” and “greenhouse, commercial.”)

GARDEN POND — A body of water used in part with the property's landscaping. Garden ponds are not to be considered as swimming pools.

GASOLINE, CONVENIENCE MARKET — The retail sale of self-service motor fuel at a facility that also offers for sale convenience goods such as food, beverages and sundries, often on a twenty-four-hour-a-day basis.

GOLF COURSE — 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.

GRADE, ESTABLISHED STREET — The permanently established elevation of the center line of a street in front of the midpoint of a lot.

GRADE, FINISHED — 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.

GREENHOUSE, COMMERCIAL — Any building or structure in which light, temperature and humidity can be controlled for the growing and protection of flowers and other plants which are to be sold commercially.

GREEN SPACE — 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.

GROSS DENSITY — 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.

GROUP HOME — See “community residential facility” and “community residential facility for the disabled.”

HABITABLE ROOM — Any enclosed room in a dwelling. For purposes of this chapter, a bathroom, closet, cellar, hallway, utility room or storage space shall not be considered a habitable room.

HALFWAY HOUSE (see also “COMMUNITY RESIDENTIAL FACILITY”) — A twenty-four-hour supervised residence for drug and alcoholic patients certified by the NY State Division on Alcoholism. Residents often hold jobs, use outside treatment services and are segregated by age and sex in the house. The site selection law does not apply.

HEALTH-RELATED NURSING FACILITIES — See “convalescent home.”

HEALTH/SPORT CLUB — A building or portion of a building designed and equipped for the conduct of sports, exercise, instructional activities, leisure-time activities or other customary and usual recreational activities, operated for profit or not for profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

HEAVY VEHICLE MAINTENANCE AND STORAGE FACILITY — Any area, lot, parcel, building or structure or part thereof used primarily for the storage and maintenance of trucks, buses, and other heavy equipment.

HOME OCCUPATION — 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 § 410-29N and O.

HOMELESS SHELTER — See “mission.”

HOMES FOR ADULTS — See “adult residential care facility” or “foster homes for adults.”

HOSPICE — A community of both professional and lay volunteers whose goal is to care for people in the final stages of life and to help them live as fully and comfortably as possible until they die. Such service can occur in a private residence or a special facility used for the purpose.

HOSPITALITY HOUSE — A residence similar in function to a bed-and-breakfast inn or bed-and-breakfast home which provides low-cost, short-term housing for the families of patients admitted to long-term care units at local hospitals or nursing homes.

HOSPITAL, MEDICAL CENTER — 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.

HOTEL — A commercial, profit-oriented operation offering transient lodging accommodations to the general public and providing additional services such as restaurants, bars, meeting rooms, ballrooms, and recreation facilities.

HOUSING — See “dwelling.”

HOUSE TRAILER — See “trailer, travel or camping.”

HUMAN SERVICE AGENCY — 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.

INDUSTRIAL, HEAVY — An establishment that involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials.

INDUSTRIAL, LIGHT — An establishment engaged in the assembly, packaging, storage and distribution of products from finished products or parts.

INDUSTRIAL, MEDIUM — An establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials.

INDUSTRIAL PARK — A tract of land that is planned, developed and operated as an integral facility for a number of individual industrial uses, with consideration to transportation facilities, circulation, parking, utility needs, aesthetics, and compatibility.

JUICE BAR — See “tavern, nonalcoholic.”

JUNK VEHICLE — 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 "junk 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.

JUNKYARD — 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.

KENNEL, COMMERCIAL — 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.

KENNEL, RESIDENTIAL — 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.

LABORATORY, RESEARCH AND TESTING — A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products.

LANDSCAPED AREA — An area of grass, trees, shrubs or other natural greenery, or containing any form of landscaping or architectural treatment.

LAND USE ACTIVITY — The specific purpose for which land or a building is used or designed or intended to be used and maintained. (See also “use, principal.”)

LAUNDROMAT — A business that provides coin-operated self-service-type washing, drying, and ironing equipment, provided that no pick-up or delivery service is maintained.

LEAD AGENCY — 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 Editor's Note: See Environmental Conservation Law Art. 8. and the regulations of the City of Binghamton.

LOADING SPACE — Any off-street space available for the loading or unloading of goods. See Article X for dimensional requirements.

LODGING HOUSE — See “rooming house.”

LOT — A parcel of land, with or without buildings or structures, delineated by lot lines and having access to a street as defined in this chapter.

LOT AREA — An area of land the size of which is determined by the limits of the lot lines bounding said area and which is usually expressed in terms of square feet or acres. Acreage within a right-of-way for streets is excluded for purposes of determining gross area.

LOT, CORNER — A lot fronting on two or more streets at their intersection.

LOT COVERAGE — See “coverage.”

LOT DEPTH — The average horizontal distance between the front and rear lot lines.

LOT, FLAG — 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.

LOT, INTERIOR — A lot other than a corner lot.

LOT LINE, FRONT — 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.

LOT LINE, INTERIOR — A lot line which does not abut a street.

LOT LINE, REAR — 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.

LOT LINES — The property lines bounding a lot as defined herein.

LOT LINE, SIDE — The property line or lines extending from the front lot line to the rear lot line.

LOT, THROUGH — A lot having frontage on two parallel or approximately parallel streets. Both street lines shall be deemed front lot lines.

LOT WIDTH — The average horizontal distance between the side lot lines, measured parallel to the front lot line. See also § 410-12D.

LOT OF RECORD — 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.

MAIN BUILDING FACADE — 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.

MARQUEE — A permanent structure overhanging a walkway attached to or supported by a building advertising an event to be shown at the property.

MAUSOLEUM — A building for interring human or animal remains above ground.

MENTALLY HANDICAPPED — Having a subaverage intellectual functioning IQ of 70 or below.

MENTALLY ILL — Having a variety of emotional, personality and psychotic conditions.

METHADONE FACILITY — A facility licensed by the appropriate government agencies to use the drug methadone in the treatment, maintenance, or detoxification of persons.

MICROBREWERY — A brewing establishment which brews fewer than 15,000 barrels or fewer than 30,000 kegs per year.

MISSION/HOMELESS SHELTER — 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.

MOBILE HOME — See “dwelling, mobile home.”

MONASTERY — A residence of a religious order, which may include facilities for assembly and education. See also “convent.”

MONUMENT MANUFACTURING — An establishment that performs the cutting, etching, and grinding of masonry material for the purpose of sales to a retail outlet. Incidental retail sales are permitted.

MOTEL — An establishment providing transient accommodations and containing six or more rooms with at least 25% of such rooms having immediate access to a parking lot without the necessity of passing through the main lobby of the building.

MOTOR TRUCK FREIGHT TERMINAL — An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

MOTOR VEHICLE RENTAL/LEASING — The use of any structure or land or portion thereof, for the rental/leasing of new or used automobiles, panel trucks, vans or recreational vehicles as licensed and regulated by the State of New York.

MOTOR VEHICLE SALES, NEW — The utilization of land or buildings or portions thereof for the storage, display, and retail sale of new motor vehicles, including incidental leasing or rental of new or used motor vehicles. This term shall also include motor vehicle maintenance and repair service accessory thereto and shall include the incidental sale of used motor vehicles when such vehicles are stored and displayed on the same premises utilized for the retail sale of new motor vehicles. The business must be licensed and regulated by the State of New York.

MOTOR VEHICLE SALES, USED (MAJOR) — The utilization of land or buildings or portions thereof for the retail sale of five or more used motor vehicles at any one time. This term shall not pertain to the incidental sales of used motor vehicles when such vehicles are stored and displayed on the same premises used for new motor vehicle sales. Incidental reconditioning, repair, and inspections are permitted. The business must be licensed and regulated by the State of New York.

MOTOR VEHICLE SALES, USED (MINOR) — The utilization of land or buildings or portions thereof for the retail sale of four or fewer used motor vehicles at any one time. This term shall not pertain to the incidental sales of used motor vehicles when such vehicles are stored and displayed on the same premises used for new motor vehicle sales. Reconditioning, repair, and inspection of motor vehicles are not permitted. The business must be licensed and regulated by the State of New York.

NEW CONSTRUCTION — 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.

NIGHTCLUB — An establishment where alcoholic beverages may be sold and consumed on the premises and where live entertainment and/or centrally controlled recorded performances take place and which may contain a stage, staging area and/or designated dance floor. A nightclub does not include live dancing of undressed or semi-dressed persons.

NONALCOHOLIC NIGHTCLUB — An establishment where no alcohol is served or consumed on the premises and where live entertainment and/or centrally controlled recorded performances take place and which may contain a stage, staging area, and/or designated dance floor. A nonalcoholic nightclub does not include live dancing of undressed or semidressed persons.

NONCONFORMING LOT — 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.

NONCONFORMING USE OR ACTIVITY — 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.

NOXIOUS MATTER OR MATERIAL — 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.

NUISANCE — 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.

NURSERY — Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants, for the purpose of sale or resale, including the replanting of said plants grown at places other than the nursery.

NURSING HOME — This occupancy shall include buildings and structures used for medical, surgical, psychiatric, nursing or custodial care on a twenty-four-hour basis of more than five persons who are not capable of self-preservation.

PARCEL DELIVERY — For the purpose of this chapter, any business supplying delivery services via company or employee vehicles.

PARISH HOUSE — The residence of the clergy associated with a place of worship.

PARKING, ANCILLARY — 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.

PARKING AREA, PUBLIC — A parking area that is not accessory to a principal use and is operated as a separate commercial enterprise available to the public at large.

PARKING SPACE, OFF-STREET — 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.)

PARK, PLAYGROUND and PLAYING FIELD — A tract of land designated and used by the public for active and passive recreation.

PARTY WALL — A common wall which extends from its footing below grade to, or through, the roof and divides two buildings.

PAWNSHOP/SWAP SHOP — 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. See also Chapter 275, Licenses and Permits, Article II, Collateral Loan Brokers.

PERFORMANCE STANDARDS — A set of criteria and measurements which: A. 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. B. 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.

PERSONAL SERVICE ESTABLISHMENT — A building or facility where personal services such as a dry cleaner, laundry, barber or beauty shop, tailor, shoe repair and similar activities are offered to the public for profit.

PET GROOMING SHOP — A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed, except that no animals shall be kept, boarded, etc., overnight.

PLACE OF PUBLIC ASSEMBLY — 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. Manufacturing establishments and similar employment centers are not considered places of public assembly for purposes of this chapter. The facility is open to the public as a theater, meeting hall, hearing room, amphitheater, auditorium, or in any other similar capacity.

PLACE OF PUBLIC WORSHIP — A building or area of public assembly for worship and qualifying for property tax exemption by the State of New York such as a church, synagogue, or mosque.

PORCH/DECK — 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.

PRESCHOOL DAY-CARE CENTER — See “school, nursery.”

PROFESSIONAL OFFICE — The office of one or more members of a recognized profession maintained for the purpose of conducting the business of that profession. Retail or commercial sales are not permitted. The business is licensed by New York State to engage in the trade as certified by the issued license. Example uses include, but are not limited to, offices for lawyers, architects, engineers, and accountants. This definition does not include an office where the principal activity is medical, dental and/or optical treatment. (See also “business office” and “professional office, health-related.”)

PROFESSIONAL OFFICE, HEALTH-RELATED — A building or portion thereof accommodating the offices of an individual or group in the private practice of medicine, dental or optical services, physical therapy, and chiropractors. Primary services include examination, consultation and limited testing and treatment. For the purposes of this chapter these offices shall not provide emergency room or overnight patient service, any type of twenty-four-hour service, or retail sales. However, optical care products may be sold or serviced as part of an ophthalmologist's or optician's practice. For the purposes of this chapter, this definition is meant to distinguish between the larger and more diversified medical facility as defined in “clinic, medical, diagnostic or treatment center.”

PROPRIETARY HOMES — See “adult residential care facility.”

PUBLIC BUILDING — A structure, the majority of which is maintained and/or utilized by a public agency and allows access for the general public.

QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING — 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.”)

RADIO AND TELEVISION TRANSMITTING STATION — A structure that is used for the transmission or reception of communication signals, but does not have a studio or production area. Accessory devices such as antennas and satellite dishes are permitted.

RADIO INSTALLATIONS, AMATEUR (HAMS) — Any devices, including poles, antennas, support towers and wires, placed in the yard area of a lot to be utilized by amateur radio operators licensed by the Federal Communications Commission.

RAIL FREIGHT TERMINAL — Any land or structure the use of which provides for the loading of cargo onto trains, the unloading of cargo from trains, or breaking down or aggregating freight into smaller or larger loads for transfer to other vehicles.

RAILROAD FACILITY — An area of land and any structure or portion thereof used for the transfer of railroad cars from one engine to another, associated repair and maintenance of the railroad cars and engines, and accessory structures.

RAILROAD RIGHT-OF-WAY — 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.

RAILROAD STATION — Any land or structure used for the selling of transport tickets, and/or boarding or exiting of trains, and/or incidental selling or dispensing of food and drink.

RECOVERY HOME — See “community residential facility.”

RECREATION USE, COMMERCIAL INDOOR — A building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including, but not limited to, bowling alleys, skating and roller rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor batting cages, recreation centers, indoor swimming pools, tennis courts, and similar uses.

RECREATION USE, COMMERCIAL OUTDOOR — Land and structures used for recreational purposes and operated as a business and open to the public for a fee, including, but not limited to, a golf course or club, a swimming club, tennis and racquetball club, a miniature golf course, a golf driving range, outdoor batting cages, outdoor skating or roller rinks, sports or athletic fields and stadiums, canoeing, water skiing, and similar uses. Not included in this definition are outdoor or drive-in theaters or facilities for automobile or animal racing.

RECREATION USE, RACETRACK — Any ground, area or track, whether paved or unpaved, upon which races, contests or demonstrations of skill or stunts are conducted for the enjoyment or entertainment of the residents of the parcel, and/or their invitees, or for the gratification of the contestants, which employ all-terrain vehicles, go-karts, motor scooters, midget autos, motorcycles, or other motorized vehicles; this definition shall not be read to include the operation of riding lawnmowers, when being used to cut grass or perform lawn work, motorized wheelchairs or snow blowers.

RECREATION VEHICLES — Vehicles that can be used for recreation, such as boats, motor homes, all other types of campers, motorcycles, all-terrain vehicles, and personal watercraft.

RENTAL SERVICE STORE — The use of any building or lot or portion thereof for the rental of new or used merchandise to the general public. Items to be rented include, but are not limited to, tents, wedding accessories, costumes, household cleaning equipment, and small machinery such as chain saws and weed whackers. This definition shall specifically exclude the rental of motor vehicles, recreational vehicles, and large heavy machinery.

REPAIR SHOP, SMALL APPLIANCES — Any building or structure utilized for the repair of small equipment such as toaster ovens, VCRs, televisions, watches, clocks, and microwaves, but specifically excluding large appliances such as laundry machines, refrigerators, stoves, and lawnmowers.

RESIDENTIAL STORAGE SHED — Any structure utilized for the storage of residential household equipment. See also § 410-19.

RESIDENTIAL VEHICLES — 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.

RESPITE CARE — Short-term care for members of the general public whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment.

RESPITE CARE FACILITY — Residential facility that provides respite care to members of the general public.

RESTAURANT, DRIVE-THROUGH — 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-in establishment may be either a primary or accessory use.

RESTAURANT, SIT-DOWN — A restaurant serving customers who are seated principally at tables and where waited on when seated, or waiting on themselves by means of a buffet, for both food and beverages, and where a variety of meals are offered. Further, where any bar area is secondary and incidental to food service, containing not more that one seat for every five table seats, and where the bar does not remain open for extended periods of time for alcohol consumption after the normal menu food service has closed, nor allows seated patrons to acquire beverages except by a waiter or waitress.

RESTAURANT, TAKE-OUT/CARRY-OUT — A restaurant with prepared food with customers ordering their food at a counter as opposed to menued table services. A restaurant shall be considered take-out even if some seating capacity exists as long as food is served in a take-out manner.

RETAIL BEVERAGE/RECYCLING CENTER — A facility whose principal purpose is the retail sale of beverages and the recycling of used cans and bottles. The recycling portion of the facility must occupy at least 25% of the building.

RETAIL CRAFT/HOBBY SHOP — A retail establishment in which the goods or services available have been made or are performed by a skilled worker who practices a recognized trade or handicraft, including but not limited to coopers, cabinetmakers and furniture makers, potters, ceramists, glassblowers, silversmiths, jewelry makers, antique and furniture finishers, restorers or reupholsterers. Such establishments may include workshop areas as an accessory use, provided the establishment maintains a retail storefront.

RETAIL DRIVE THROUGH — A use which, by design of facilities or procedures, encourages or permits customers to receive service or obtain products while remaining in their vehicle. A drive-in establishment may be either a primary or accessory use.

RETAIL NEIGHBORHOOD CONVENIENCE OUTLET — A small retail facility established to accommodate the shopping needs of a limited area or neighborhood and providing basic commodities and personal services needed on a day-to-day basis. The total square footage of such facility shall not exceed 900 square feet.

RETAIL OR SERVICE BUSINESS, GENERAL — A facility established and operated to provide for the broad or more specialized shopping and service needs of a large population base and drawing market support from several neighborhoods, the entire City or the surrounding region.

RETREAT HOUSE — Any establishment which provides facilities generally including food and lodging, for group religious, meditation, instructional or other group study purposes.

RIFLE AND PISTOL RANGE, COMMERCIAL INDOOR — A commercial establishment used for the firing of rifles or pistols aimed at targets, within a fully enclosed building.

RINGLEMANN CHART — 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.

RINGLEMANN NUMBER — 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.

ROOMING HOUSE — A building other than a single-family residence, originally constructed for the provisions of lodging rooms with or without meals but with no cooking facilities in the individual rooms, for at least three but not more than 10 persons; a lodging house.

SCHOOLS, BUSINESS/COMMERCIAL/TRADE/VOCATIONAL — Noncollegiate public or private institutions offering specialized business, commercial and/or clerical courses or similar curricula, but not academic training.

SCHOOLS, COLLEGES, UNIVERSITIES AND PROFESSIONAL — Public or private institutions of higher learning authorized to grant academic degrees, associate academic degrees, certificates and/or diplomas, and requiring for admission at least a high school diploma or equivalent general academic training; also includes off-campus sites controlled by the college.

SCHOOL, NURSERY — A facility established to provide daytime care or instruction for two or more children under six years of age and operated on a regular basis, whether or not for profit.

SCHOOL, PRIVATE — A building or buildings, or part thereof, controlled and operated by a religious or other organization, whether or not for profit, and offering a program or curriculum which meets state requirements for kindergarten, primary, secondary or higher education and which does not secure the major part of its funding from property taxation or governmental agencies.

SEASONAL SALES — The sale of seasonal items such as Christmas trees, holiday and seasonal decorations, and lawn ornaments for a period of less than one month per year from a residence or commercial establishment.

SELF-SERVICE STORAGE WAREHOUSE — 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.

SETBACK — 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.

SHOPPING CENTER — Any group of more than two commercial uses which: A. Are designed as a single commercial group, whether or not located on the same lot; B. Are under common ownership or management; C. Are connected by common party walls, partitions, canopies or other structural members to form one continuous structure or, if located in separate buildings, are interconnected by walkways and accessways designed to facilitate customer interchange between the uses; D. Share a common parking area; and E. Otherwise present the appearance of one continuous commercial area.

SIGN — 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.

SITE PLAN — 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.

SITE SELECTION LAW (PADAVAN BILL) — 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. Editor's Note: See Mental Hygiene Law § 41.34.

SKILLED NURSING FACILITIES — See “convalescent home.”

SOBERING-UP CENTER — See “crisis residence.”

SOLAR ACCESS — A property owner's right to have sunlight shine on his or her property.

SORORITY HOUSE — See “fraternity/sorority house.”

SPECIAL CONDITION — A use which will be permitted in a particular zoning district only when it is determined that any conditions or standards which may be applied to such use have been met. (See §§ 410-29 and 410-34.)

SPECIAL USE or SPECIAL USE PERMIT — An authorization, with or without specific accompanying conditions, given via the permit process as outlined in this chapter, allowing utilization of land in a way specifically delineated therein, as a permitted exception to this chapter.

SPECIFIC ANATOMICAL AREAS A. Less than completely and opaquely covered: (1) Human genitals, pubic region; (2) Buttock; and (3) Female breast below a point immediately above the top of the areola; and B. Human male genitals in discernibly turgid state, even if completely and opaquely covered.

SPECIFIC SEXUAL ACTIVITIES A. Human genitals in a state of sexual stimulation or arousal; B. Acts of human masturbation, sexual intercourse, sodomy; C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

SPONSORING AGENCY — A person, nonprofit agency or governmental unit that plans to establish a residential facility to care for mentally ill, retarded or developmentally disabled persons or persons with alcohol and substance abuse problems.

STADIUM — An open air area where sporting events, contests, concerts, and other similar events are held and which provides permanent seating.

STORAGE, OUTDOOR — Land outside any building or roofed area used for the keeping of goods, supplies, raw materials or finished products.

STREET — 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.

STREET FRONTAGE — See “frontage.”

STREET LINE — The right-of-way line separating the street area from abutting property.

STRUCTURE — 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.

STRUCTURE ALTERATION — See “alterations.”

STUDIO — The workshop of an artist, sculptor, or photographer.

STUDIO, BROADCAST — A place where radio, television or movies are produced.

STUDIO/EFFICIENCY APARTMENT — A one-bedroom efficiency dwelling used as a single housekeeping unit, containing complete kitchen, bathroom, and toilet facilities.

SUBDIVISION — 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.

SUPERMARKET — A retail outlet having a square footage greater than 5,000 square feet selling food stuffs and daily essential items which may include, but are not limited to, canned goods, vegetables, meats, dairy products, condiments, and paper goods.

SUPPORTIVE LIVING FACILITY — See “community residential facility.”

SWIMMING POOL, PRIVATE — 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.

TAVERN — 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; may or may not have live entertainment.

TAVERN, NONALCOHOLIC — Often referred to as “juice bars”; an establishment which exclusively serves nonalcoholic beverages. Clientele can include adults or minors below the age of 21. A nonalcoholic tavern may or may not have live dancing of undressed or semidressed persons.

TAXICAB/PERSONAL TRANSPORT BUSINESS — A business that transports passengers by vehicle from one location to another location for a fee.

TELECOMMUNICATIONS FACILITY — See § 410-42.

TELEPHONE SWITCHING FACILITY — A telephone facility containing switching equipment where no public business offices, no repair facilities, except for equipment maintained in the building, and no storage or warehouse is maintained.

TEMPORARY STRUCTURE — 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.

TERRACE — An uncovered flat platform of earth with or without a surface material or retaining walls.

THERAPEUTIC MASSAGE OFFICE — A business whose principal function is massage therapy. The business must be licensed by New York State to engage in the trade as certified by the issued license.

THRIFT SHOP/SECONDHAND STORE — A retail establishment that specializes in the sale of used merchandise.

TOWING SERVICE — 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.

TOWNHOUSE — A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.

TRAILER, TRAVEL OR CAMPING — A vehicle or portable structure designed and constructed for temporary dwelling purposes which may contain cooking, sanitary and electrical facilities and is normally transported from place to place by its owner. A trailer is not to be used as for residential occupancy and is limited to temporary use only; a recreation vehicle or motor home.

TRANSFER STATION, SOLID WASTE OR CONSTRUCTION AND DEMOLITION DEBRIS — An establishment utilized for the temporary storage of debris from demolished buildings or structures, from which such material is transported to landfill and other disposal sites.

TRANSFER STATION/REDEMPTION CENTER, RECYCLABLE MATERIALS — A completely enclosed facility for the bulk sorting and/or packaging of glass, paper, and other light recyclable materials.

TRANSIENT RESIDENT — 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.

USE, NONCONFORMING — See “nonconforming use or activity.”

USE, PRINCIPAL — 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.

VARIANCE, AREA — 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.

VARIANCE, 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.

VEHICLE IMPOUND YARD — 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."

VEHICLE SALVAGE FACILITY — 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.

VENDING MACHINE — A device or mechanism for dispensing merchandise or services to the public and designed to be operated by the purchaser.

VIDEO RENTAL SHOP — A business specifically limited to the rental and sale of videos and games for home viewing, rental of VCRs, DVDs, and other similar equipment, and the sale of accessory equipment (blank tapes, dust covers, head cleaners, etc.). The sale of VCRs, VCR cameras, DVDs, televisions, stereos, computers and similar consumer home entertainment sales are strictly prohibited for video rental shops. This shall not include video booths for short-term previewing of videos.

VISION CLEARANCE TRIANGLE — 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.)

WAREHOUSE — An establishment for the storage of goods and/or merchandise. See also “self-service storage warehouse.”

WAYSIDE STAND — A temporary structure, generally seasonal with the exception of a tent, designed for the display and sale of agricultural products, including barbecues and lunch stands.

WHOLESALE TRADE AND STORAGE — An establishment or place of business engaged in the storage and selling of merchandise for or to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers, or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. This shall exclude lumber yards, building supply and garden supply centers engaged in sales of such materials primarily to the public.

YARD — 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.

YARD, FRONT — A yard extending across the entire width of the lot between the front lot line and the front yard line.

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.

YARD, REAR — A yard extending across the full width of the lot between the rear yard line and the rear lot line.

YARD, SIDE — A yard extending from the front yard to the rear yard and between the side yard line and the side lot line.

ZONING MAP — The map or maps that are part of this chapter as set forth in Article III.

ZOO/AQUARIUM — An establishment that displays living animals or plants to the public, usually for a fee.

§ 410-6. Zoning district map.

Zoning districts are bounded and defined as shown on a map entitled "Zoning Map, City of Binghamton, New York," dated, July 19, 2006, which map, and all amendments thereto, is adopted as part of this chapter and which, with all explanatory matter and dimensions thereon, is hereby made a part of this chapter and included herein.

§ 410-7. Certification and inspection of map.

The original of the Zoning Map, City of Binghamton, New York, dated, July 19, 2006, shall be certified by the Director of the Planning Department. All changes and amendments to said map shall be promptly made by the Planning Department staff as directed by the City Council. The original of such Zoning Map and all amendments thereto shall remain on file in the Planning Department. Copies of the map shall be on file in the Office of the City Engineer, the Office of Building and Construction, and the Office of the City Clerk and shall be made available for public inspection and use during City office hours.

§ 410-8. Establishment of boundaries.

The following principles are intended to apply to the location of zoning district boundaries:

A.	Boundary lines are intended to follow lot lines or the center line of streets, highways, alleys, railroads, watercourses or easements, or such lines as they may be extended, or to be parallel or perpendicular thereto, unless such boundary lines are otherwise fixed by dimensions, as shown on the Zoning Map.
B.	Where a boundary is indicated as approximately following the edge of a river, pond or similar public water body, the mean high water line thereof shall be construed to be such boundary.
C.	Where a boundary is indicated as approximately following a lot line or an extension thereof, such lot line or extension shall be construed to be such boundary.
D.	Questions or disagreements concerning the exact location of a district boundary line shall be resolved by the Zoning Board of Appeals. (See Article XIV.)

§ 410-9. Annexed land.

Any land added to the incorporation area of the City of Binghamton by annexation shall be automatically classified in the R-1 Residential Single-Unit Dwelling District for zoning purposes pending adoption of a permanent zoning district designation.

§ 410-10. Types of districts.

The following types of zoning districts are hereby created and established in the City of Binghamton for the intent and purpose described below:

A.	R-1 Residential Single-Unit Dwelling District. The intent of the R-1 Residential Single-Unit Dwelling District is to designate areas where low-density, one-unit dwellings constitute the existing and desired future developmental character and where substantial restriction on the use of land and the density of development is necessary to preserve present character and protect the economic value of existing and future investment. Development which occurs in the R-1 Residential Single-Unit Dwelling District should be comparable with existing population density and the environmental character of the surrounding area.
B.	R-2 Residential One- and Two-Unit Dwelling District. The intent of the R-2 Residential One- and Two-Unit Dwelling District is to designate areas where a mixture of one-unit dwellings, two-unit dwellings, and townhouses creates a low to moderate population density. Restrictions on the intensity and type of residential and nonresidential development are necessary to preserve the desirable residential qualities of neighborhoods, to prevent overcrowding, and to reduce traffic congestion on existing streets. In some locations, the absence of appropriate utilities and access roads or extreme topographic conditions may restrict the intensity or type of development.
C.	R-3 Residential Multi-Unit Dwelling District. The intent of the R-3 Residential Multi-Unit Dwelling District is to designate those areas where multiple-unit housing predominates and where a broad range of available housing options and a moderate to high population density is the existing and desired future developmental character. Development restrictions will be aimed at achieving the highest concentration of population and the broadest range of housing opportunities in the City while improving land use efficiency, safety and environmental quality.
D.	C-1 Service Commercial District. The intent of the C-1 Service Commercial District is to designate those areas where a concentrated mixture of commercial service, storage and light industrial processing activities, of City-wide or regional significance, is to be found. Restrictions and development standards are aimed at accommodating a variety of such commercial service uses while improving land use efficiency, safety, and environmental quality, particularly adjacent to residential areas and important natural features.
E.	C-2 Downtown Business District. The intent of the C-2 Downtown Business District is to designate those areas where large retail stores, specialty shops and services, business services, financial institutions, offices, theaters, hotels, government buildings, and sports and entertainment facilities, which have primarily City-wide and regional significance, will be permitted at a relatively high level of development intensity. It is further intended that zoning regulations recognize, preserve, and promote the historic importance of large portions of the C-2 District and reflect the viability and desirability of downtown residential development.
F.	C-3 Medical District. The intent of the C-3 Medical District is to designate those areas where medical services and facilities have developed within existing residential neighborhoods and where the continued availability of such services is desired. Restrictions and controls are aimed at promoting development which will be commensurate with the services needed but will not be detrimental to the character of adjacent residential neighborhoods.
G.	C-4 Neighborhood Commercial District. The intent of the C-4 Neighborhood Commercial District is to designate those areas where general retail, service, and office activities provide convenience goods and service to several surrounding neighborhoods but not usually on a City-wide or regional scale. Nonresidential land uses have mixed with, and often superseded, residential development. Restrictions which discourage encroachment of nonresidential activities into adjacent residential areas and gradually improve traffic safety, land use efficiency, and visual quality will be in the best interest of the community.
H.	C-5 Neighborhood Office District. The intent of the C-5 Neighborhood Office District is to designate those areas where professional offices and specialized commercial, personal service, civic, and cultural activities of City-wide and regional significance will be encouraged as alternative uses of existing large residential structures. Land use restrictions are aimed at preserving the architectural and historical character and visual quality of existing development while providing for compatible, efficient, and more intensive use of land and structures for housing and office purposes.
I.	C-6 Limited Neighborhood Commercial District. The intent of the C-6 Limited Neighborhood Commercial District is to designate those areas where small-scale, commercial establishments coexist with residential neighborhoods for the purpose of providing adjacent residents with convenience goods and personal services. Restrictions and controls are aimed at limiting the size and range of permitted uses, assuring compatibility, and limiting further expansion of such districts into surrounding residential areas.
J.	I-1 Urban Business Park District. The intent of the I-1 Urban Business Park District is to designate those areas which are appropriate for technology-based business and industrial uses. Regulations such as design standards will be used to manage the scale and character of development.
K.	I-2 Light and Medium Industrial District. The intent of the I-2 Light and Medium Industrial District is to designate those areas which are suitable for light- and medium-density industrial development. Regulations such as performance standards will mitigate the negative impacts of traffic, noise, smoke, odor, and other potential nuisances while preserving the character of existing adjacent residential districts. It is intended that the industrial character of the land in this district be preserved by restricting incompatible uses.
L.	I-3 Heavy Industrial District. The intent of the I-3 Heavy Industrial District is to designate those areas which are suitable for heavy industrial uses. Like the I-2 District, regulations such as performance standards will mitigate the negative impacts of traffic, noise, smoke, odor, and other potential nuisances while preserving the character of existing adjacent residential districts. It is intended that the industrial character of the land in this district be preserved by restricting incompatible uses.

§ 410-11. Applicability.

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.

§ 410-12. Lot regulations.

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 the front yard 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 through the Series B site plan approval process. 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.

§ 410-13. Yards and open space.

A.	Location. No yard or other open space provided about 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.
C.	Side yard setback. When residential construction is in the form of a townhouse development, where each dwelling unit has one or both side walls in common with an adjacent unit, the side yard requirements of Schedules IA (§ 410-28) and IIA (§ 410-33) shall apply only to the end units in the row.
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. 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 no such projection shall be nearer than five feet to 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 are not less than five feet from any lot line.

§ 410-14. Fences, hedges and walls.

A.

A fence of masonry, wood or other material which creates a barrier may be located on the property or along any lot line when such fence is not greater than eight feet in height in any residential district and 10 feet in any nonresidential district. The eight-foot-high fence in residential districts may be installed beginning at the rear face of the residence or the rear face of the adjacent residence, whichever is greater, and extend to and along the rear property line. A six-foot-high fence is permitted from the rear face of the residence to the front property line, except as noted in Subsection A(6). The rear face of the residence shall not include any decks, porches, or enclosed porches. (1) All fencing shall be erected with standard fencing material consistent with the fencing industry. (2) Any nonstandard proposed fence is permitted, provided that a plan detailing the proposed fence is submitted for review and approval by the Building Bureau and/or Planning Department. (3) 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. (4) Barbed wire is permitted in any nonresidential property within any residential district or along any boundary line separating a residential and nonresidential district, provided it does not violate the provisions of § 410-17 of this chapter. (See also § 410-15B.) (5) No fence shall be erected so that any part of the fence will exceed the height requirements within Subsection A. This does not apply to decorative posts associated with the fence. (6) Fences surrounding tennis courts or recreation courts are limited to 12 feet in height. (7) Within 12 feet of the front property line or the distance to the front face of the residence, whichever is less, no solid fence, wall, natural plantings, or barrier with a height greater than three feet may be installed, constructed, or planted along any side property line when the solid fence, wall, natural plantings, or barrier is within 10 feet of a driveway. (8) On any corner lot, the height of any solid fence, wall, natural plantings, or barrier shall not exceed four feet along the front and side property lines adjacent to the street. The 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.

B.

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 fence 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.

§ 410-15. Exceptions to height regulations.

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.)

§ 410-16. Street frontage.

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.

§ 410-17. Visibility at intersections.

A.

Obstruction to vision. No solid fence, plantings, or other such barrier 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 between three feet and seven feet above the grade of the adjacent street line within the triangular area formed by the intersecting street lines and the straight line joining said street lines at points which are a distance of 30 feet from their intersection.

B.

Conformity. 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 Supervisor of Building and Construction.

§ 410-18. Buffer areas.

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 unless otherwise specified in this chapter as a special condition. (2) It shall contain a dense screen of plantings which will rapidly attain a height of at least six feet. The plantings shall have a minimum height of three feet at the time of planting. (3) Plantings shall be at least 50% evergreen and shall be of such spacing and arrangement as, in the judgment of the Planning Commission or Planning Department, will effectively screen the activities of the lot from adjacent areas. (4) The plan and specifications for such buffer shall be filed with the approval plan for the use of the lot. (5) Required planting shall be properly maintained throughout the continuance of the use on the lot.

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.

§ 410-19. Accessory buildings and uses.

A.	Limitation. Any accessory building or use shall be limited to that which 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. Only one private garage or carport is allowed per residential lot. In addition, only one accessory shed is allowed per residential lot, with a maximum area of 200 square feet and no dimension greater than 16 feet. Maximum height shall not exceed 10 feet.
B.	Special permit. When a principal building or use requires a special permit, as set forth in §§ 410-27 and 410-32, any accessory use to such principal building or use shall also require a special permit. (See Article VIII.)
C.	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 chickens or rabbits may be kept and maintained in a manner that does not create odors or noise disturbing to occupants of adjacent properties.
D.	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) Be located not less than five feet from any rear lot line or any interior 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: [1] A minimum setback of one foot can be provided. [2] There are no existing encroachments onto neighboring lots. (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: [1] A minimum setback of one foot can be provided. [2] There are no existing encroachments onto neighboring lots.

§ 410-20. Preexisting conditions.

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.

§ 410-21. Intent.

The intent of this Article V is to protect public health, safety and general welfare in the City of Binghamton by:

A.	Restricting development in areas that are periodically subject to the damaging impact of flooding and high water;
B.	Establishing a series of standards, measurements and thresholds designed to regulate the performance and operation of land use activities within the City and to minimize potentially negative environmental impacts of such activities;

§ 410-22. Applicability.

Standards and procedures set forth in this Article V shall apply to all affected land use activities, as applicable, in all zoning districts in the City of Binghamton. No land use activity regulated by the provisions of the article shall be construed to be permitted, and no building and use permit issued, until there is compliance with the specific provisions as set forth herein.

§ 410-23. Floodplain management.

A floodplain development permit shall be obtained from the Planning Commission before the start of construction or any other development within the area of special flood hazard as set forth in Chapter 240, Flood Damage Prevention.

§ 410-24. Performance standards.

A.	Purpose. The purpose of these performance standards is to regulate the potentially objectionable aspects of land uses or activities in the City of Binghamton by the application of specific standards whenever possible. The objectives of these standards are consistent with the promotion of public health, safety and general welfare and include: (1) To reduce to a minimum dissemination of smoke, gas, dust, odor or any other atmospheric pollutant outside the building in which the use or activity is conducted. (2) To control noise perceptible beyond the boundaries of the immediate site of the use or activity. (3) To prevent the discharge of any waste material into any watercourse. (4) To prevent the dissemination of vibration or heat or electromagnetic interference beyond the immediate site of the use or activity. (5) To eliminate physical hazard by reason of fire, explosion, radiation, or any similar cause, to property in the same or an adjacent district.
B.	Noise control. (1) All land uses shall comply with the noise standards established in Chapter 292, Noise. Maximum permissible continuous sound levels are listed in the following table: Table 1 Maximum Permissible Continuous Sound Levels by Receiving Property Category (dBA) Sound Source Property Category Another Dwelling Within a Multi-Dwelling-Unit Building Residential Commercial or Public Service Community Facility Industrial or Public Service Industrial Service Facility City Park 7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. 7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. All times All times 8:00 a.m. to 9:00 p.m. Any location within a multi-dwelling-unit building 50 45 55 50 65 70 65 Residential (or public spaces or rights-of-way) 55 50 55 50 65 70 65 Commercial, public service, or community service facility 55 50 55 50 65 70 65 Industrial or public service industrial facility 55 50 55 50 65 70 65 (2) In addition, no person shall make, cause, allow, or permit the operation of any impulsive source of sound within any and all property in the City which has a peak sound pressure level in excess of 80 dBA. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently in any hour, the levels set forth in Table 1 shall apply.
C.	Vibration. No vibrations are permitted which are discernible to the human sense of feeling without instruments at any point along the property lines of the subject premises. The standard shall not apply to vibrations created during temporary construction work or from transportation facilities. In the event of a complaint, the Supervisor of the Office of Building and Construction shall measure the vibration using an appropriate measuring system. (1) Maximum permitted steady state and impact vibration displacement (in inches): Frequency (cycles per second) Vibration Displacement (inches) Steady State Impact Under 10 0.0005 0.0010 10 to 19 0.0004 0.0008 20 to 29 0.0003 0.0006 30 to 39 0.0002 0.0004 40 and over 0.0001 0.0002 (2) No activity shall cause or create a steady state or impact vibration on a lot line with a vibration displacement by frequency bands in excess of that indicated in the table above.
D.	Fire and explosive hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of Chapter 235, Fire Prevention, of the Code of the City of Binghamton, as well as state and local laws and regulations, shall also apply.
E.	Fly ash, dust, fumes, and other forms of air pollution. Uses shall be so operated as to control the emission of particulate matter to the degree that it is not detrimental to or shall endanger human health, animals, vegetation, or property. All such regulations shall also comply with applicable federal and state regulations.
F.	Smoke. Uses shall be so operated as to control the emission of smoke to the degree that it is not detrimental to or shall endanger human health, animals, vegetation, or property. All such activities shall also comply with applicable federal and state regulations. For purposes of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. Any emission of smoke shall not be of a density equal to or greater than number two on the Ringelmann Chart. In cases of smoke other than black in color, an approved density scale equivalent to the Ringelmann Chart shall be used.
G.	Radiation. No operation, whether or not licensed by the United States Department of Energy, shall be conducted so as to exceed the standards established by said Commission for protection against radiation or which violates any regulation of any other administrative body charged with the responsibility of controlling radiation.
H.	Electromagnetic radiation and interference. No activity, operation or use shall cause electromagnetic radiation interference that: (1) Adversely affects persons or the operation of any equipment across property lines; and (2) Is not in conformance with the regulations of the Federal Communications Commission.
I.	Humidity and heat. Any activity producing humidity, in the form of steam or moist air, or producing heat, shall be carried on in such a manner that the steam, humidity, or heat is not perceptible at any lot line.
J.	Outdoor lighting. (1) Purpose. The purpose of these standards is to require and set minimum standards for outdoor lighting which: (a) Provide for and control lighting in outdoor public places where public health, safety, and welfare are potential concerns. (b) Protect drivers and pedestrians from the glare of nonvehicular light sources. (c) Protect neighbors and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources. (d) Promote energy-efficient lighting design and operation. (e) Protect and retain the intended visual character of the various City of Binghamton venues. (2) Applicability. (a) All uses within the City of Binghamton where there is outdoor lighting, including, but not limited to, residential, multifamily residential, commercial, industrial, public and private recreational/sports, institutional uses, and sign, billboard, architectural and landscape lighting, shall be subject to these regulations. (b) Temporary seasonal decorative lighting and emergency lighting are exempt from all but the glare-control requirements of this chapter. (c) Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, is exempt. (3) Criteria. (a) Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by the Supervisor of the Office of Building and Construction, shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA). (b) Lighting fixture design. [1] Fixtures shall be of a type and design appropriate to the lighting application. [2] For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this subsection. [3] For lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays, and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirement of this subsection. [4] "Barn lights," also known as "dusk-to-dawn lights," where visible from other properties, shall not be permitted unless fully shielded. (c) Control of nuisance and disabling glare. [1] All lighting shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. [2] Floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. [3] Parking facility and vehicular and pedestrian way lighting (except for safety and security applications and all-night business operations) for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 33% of the number of fixtures required or permitted for illumination during regular business hours. [4] Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing. [5] Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. [6] The illumination projected from any use onto a residential property shall at no time exceed 0.5 footcandle, measured line-of-sight from any point on the receiving residential zoning district. [7] The illumination projected from any property to a nonresidential property district shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property. [8] Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to place the light output onto and not beyond the sign or billboard. [9] Except for certain recreational lighting, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. [10] The United States and the state flag shall be permitted to be illuminated from dusk until dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 10,000 lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag. [11] Under-canopy lighting, for such applications as gas/service stations, hotel/theater marquees, or fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles, and the maximum intensity shall not exceed 40 maintained footcandles. (d) Installation. [1] Electrical feeds for lighting standards shall be run underground, not overhead. [2] Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snow plows, shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other means approved by the Supervisor of the Office of Building and Construction or the Planning Department. [3] Pole-mounted fixtures for lighting horizontal tasks shall be aimed straight down. (e) Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter. (4) Plan submission. Lighting plans, when requested by the Supervisor of the Office of Building and Construction or the Planning Department, shall be submitted for building permits, variances, Series B site plan review, special use permits, and Series A site plan review applications for review and approval. (5) Compliance monitoring. (a) Safety hazards. [1] If the Supervisor of the Office of Building and Construction or any relevant City department judges that a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action. [2] If appropriate corrective action has not been effected within 15 days of notification, the City of Binghamton may take appropriate legal action. (b) Nuisance glare and inadequate illumination levels. When the Supervisor of the Office of Building and Construction or any relevant City department judges that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the City of Binghamton may cause notification of the person(s) responsible for the lighting and require appropriate remedial action (6) Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when: (a) Minor corrective action, such as reaiming or shielding, can achieve conformity with the applicable requirements of this chapter. (b) It is deemed by the City of Binghamton to create a safety hazard. (c) It is replaced by another fixture or fixtures, abandoned, or relocated. (d) There is a change in use.
K.	Odor. No land use or establishment shall be permitted to emit odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the lot from which they are emitted, either at ground level or habitable elevation. Any process involving creation or emission of any odors shall be provided with a secondary safeguard system, so control will be maintained if primary safeguard systems should fail.
L.	Storage of junk vehicles. See Chapter 265, Housing and Property Maintenance, of the Code of the City of Binghamton, §§ 265-1 and 265-13H(1)(f).
M.	Enforcement. The owner or operator of each land use to which performance standards apply shall be responsible for maintaining a continuing level of performance within limits set within this chapter. Initial and continued compliance with performance standards prescribed in this chapter is required of every use in the City, and provisions for the enforcement of continued compliance with performance standards shall be invoked by the Supervisor of the Office of Building and Construction against any use, except Subsection L above, if there are reasonable grounds to believe that performance standards are being violated by such use.
N.	Evidence of conformity. With respect to any application for a building permit, special use permit or variance and before a certificate of occupancy can be issued for any use, the Supervisor of the Office of Building and Construction may require the applicant, at his or her own expense, to provide such evidence as he or she may deem necessary to determine whether or not the proposed use will conform to the performance standards set forth above and, in connection therewith, the Supervisor of the Office of Building and Construction may obtain expert advice at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application. Where appropriate, the Supervisor of the Office of Building and Construction may require the installation, maintenance and operation by the applicant, at applicant's expense, of continuous recording instruments to demonstrate the operation or effect of operations of any machines, or devices used to control or lessen noise, vibration, glare, air pollution, water pollution, fire hazards or safety hazards.
O.	Zoning Board of Appeals action. Upon receipt of the Supervisor of the Office of Building and Construction's report on a violation of performance standards, the Zoning Board of Appeals shall hold a public hearing to consider the matter in accordance with § 410-94. Upon a finding of the Zoning Board of Appeals that a violation exists or that corrective action is necessary to prevent the recurrence of a violation, the operator of the violating facility shall be ordered to cease and desist; and all permits, zoning clearances of any other approvals for the operation shall be voided and terminated until such time as the corrective action is taken and such action approved by the Zoning Board of Appeals.

§ 410-25. Intent.

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 Series B site plan review from the Planning Department or a special use permit/Series A site plan from the Planning Commission. Bulk and density regulations for each zoning district are also established.

§ 410-26. General provisions.

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 a Series B site plan review or a special use permit/Series A site plan review 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.)

§ 410-27. Schedule I: Land Uses in Residential Zoning Districts.

The following uses are permitted in residential zoning districts:

A.	R-1 Residential Single-Unit Dwelling District. (1) Permitted by right. (a) Principal uses: Community residential facility— family care Community residence facility for the disabled Dwelling, modular Essential services Foster care home Public parks, playgrounds, playfields, golf courses, swimming pools, and tennis courts Single-unit residences (b) Accessory uses: Accessory buildings Antenna and satellite dish Day care, family Garage sales Garden, noncommercial Garden pond Hospice Kennel, residential private Private swimming pools and tennis courts Respite care (private residence) Storage of recreational vehicles Storage of residential vehicles (2) Permitted with Planning Department approval (Series B site plan). (a) Principal uses: Adult residential care facility— four or fewer beds Community residential facility— family care residences Convent Garden, community or neighborhood Monastery Parish house (b) Accessory uses: Accessory dwelling Alternative domestic energy supply installation Amateur radio installations Minor home occupations Temporary structures (3) Permitted with Planning Commission approval (special use permit and Series A site plan). (a) Principal uses: Dwelling, manufactured home Place of worship Private school: primary and secondary Public buildings, including elementary and secondary schools Townhouses with two units
B.	R-2 Residential One- and Two-Unit Dwelling District. (1) Permitted by right. (a) Principal uses: Community residential facility— family care Community residence facility for the disabled Dwelling, modular essential services Foster care home Public parks, playgrounds, playfields, golf courses, swimming pools, and tennis courts Single-unit residences Townhouses with two units Two-unit residences (b) Accessory uses: Accessory buildings Antenna and satellite dish Day care, family Garage sales Garden, noncommercial Garden pond Hospice Kennel, residential private Private swimming pools and tennis courts Respite care (private residence) Storage of recreational vehicles Storage of residential vehicles (2) Permitted with Planning Department approval (Series B site plan). (a) Principal uses: Adult residential care facility— four or fewer beds Community residential facility— family care residences Convent Dwelling, manufactured home Garden, community or neighborhood Monastery Parish house (b) Accessory uses: Accessory dwelling Alternative domestic energy supply installation Amateur radio installations Minor home occupations Temporary structures (3) Permitted with Planning Commission approval (special use permit and Series A site plan). (a) Principal uses: Place of worship Private school: primary and secondary Public buildings, including elementary and secondary schools Townhouse with four or fewer dwelling units
C.	R-3 Residential Multi-Unit Dwelling District. (1) Permitted by right. (a) Principal uses: Community residential facility— family care Community residence facility for the disabled Dwelling, modular Essential services Foster care home Public parks, playgrounds, playfields, golf courses, swimming pools, and tennis courts Single-unit residences Townhouses with two units Two-unit residences (b) Accessory uses. Accessory buildings Antenna and satellite dish Day care, family Garage sales Garden, noncommercial Garden pond Hospice Kennel, residential private Private swimming pools and tennis courts Respite care (private residence) Storage of recreational vehicles Storage of residential vehicles (2) Permitted with Planning Department approval (Series B site plan). (a) Principal uses: Adult residential care facility— four or fewer beds Bed-and-breakfast home Community residential facility— family care residences Convent Day care, adult group Day care, adult home Day-care facility Dwelling, manufactured home Garden, community or neighborhood Hospitality house Monastery Multi-unit dwelling: new construction or conversion of existing building into three or four units Parish house Parking, ancillary Townhouse with four or fewer dwelling units (b) Accessory uses: Accessory dwelling Alternative domestic energy supply installation Amateur radio installations Major home occupations Minor home occupations Seasonal sales Temporary structures (3) Permitted with Planning Commission approval (special use permit and Series A site plan). (a) Principal uses: Adult residential care facility— five or more beds Bed-and-breakfast inn Boardinghouse Community residential facility— community residences for youth (group homes) Community residential facility— alcohol or drug user community support residences Community residential facility— community residence, other Convalescent/Nursing home: health-related nursing facility Convalescent/Nursing home: skilled nursing facility Hospice facility Multi-unit dwelling: new construction or conversion of existing building into five or more units Parking area, public Place of worship Private school: primary and secondary Public buildings, including elementary and secondary schools Recreation use, racetrack Respite care facility Retreat house Rooming house, new construction or conversion of existing building Townhouse with five or more dwelling units

§ 410-28. Schedule IA: Bulk Requirements in Residential Zoning Districts.

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 per dwelling unit (square feet)
Single	10,000		6,000	6,000
Two-unit	NP		3,500 per DU	2,500 per DU
Multi-unit	NP		NP	2,000 Per DU
Townhouse	5,000		3,000	2,000
Other permitted uses	10,000		10,000	10,000
Minimum lot width (feet)
Single	75		50	50
Two-unit	NP		60	60
Multi-unit	NP		NP	100
Townhouse	40		30	20
Other permitted uses	75		75	75
Minimum setbacks (feet)
Front	30		25	25
Side one	5		5	10
Total sides	15		15	25
Rear	15		15	25
Maximum lot coverage	40%		50%	70%
Maximum building height (feet)	35		35	45

Notes:

NP = Not permitted

DU = Dwelling unit

§ 410-29. Special conditions for certain land uses in residential districts.

Land uses listed in Schedule I as being "Permitted with Planning Department approval (Series B site plan)" shall not be considered permitted until the Supervisor of the Office of Building and Construction is satisfied that there is compliance with applicable conditions as set forth in this § 410-29.

A.	An accessory dwellings in the R-1, R-2, and R-3 Districts is permitted when: (1) Such dwelling is occupied by a person or persons included in the household residing in the principal dwelling on the lot. (2) Living space is located within an owner-occupied dwelling and contains no separate exterior entrance and no more than 400 square feet of area. (3) There is only one such dwelling on the lot. (4) There are no separate utilities (i.e., electric and heat).
B.	An adult residential care facility (four or fewer beds) in R-2 and R-3 Districts is permitted when: (1) The facility is owner-occupied. (2) The facility is licensed by the appropriate agency.
C.	An alternative domestic energy supply installation in the R-1, R-2, and R-3 Districts is permitted when: (1) No solar energy device which is not an integral part of the dwelling is located in any front yard area or on the front of the building. (2) Fencing or landscaping with a minimum height of four feet is provided around any ground-mounted solar device to partially screen it from public view. (3) The device has a minimum setback of five feet from any side or rear property line.
D.	Amateur radio installations in the R-1, R-2, and R-3 Districts are permitted when: (1) A building permit is obtained from the Office of Building and Construction. An application for a permit shall include, at minimum, the following information: (a) A site plan, drawn to scale, showing the location of all buildings on the lot, lot lines, easements, if any, on the lot, and location of any existing poles on the lot (utility, flag, etc.). (b) Manufacturer's specifications for antenna support structures, details of footings, guys and braces. (c) The plan shall also clearly indicate the exact location of the radio installation devices on the lot and their dimensional characteristics such as height, width, safety mechanisms to prevent children or other trespassers from climbing the installation and a picture of the device. (d) Other information as the Supervisor of the Office of Building and Construction may deem relevant to meet all applicable City and state building codes. (2) Any installation shall only be placed in the rear and side yard area or on any roof of an existing structure and must conform to all side and rear setbacks. Additionally, any antenna span shall not encroach into any setback area. (3) The applicant shall provide the Office of Building and Construction with a copy of its operating license from the Federal Communications Commission (FCC) within 30 days of installation. (4) The permit is for the initial construction of the radio installation's support system. Future additions/replacements to the installation which do not affect its structural integrity do not require additional construction permits as long as they comply with all of the aforementioned conditions.
E.	A bed-and-breakfast home in an R-3 District is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) An appropriate buffer strip shall be provided around parking areas containing more than four parking spaces. (3) The required front yard area may not be used for parking. (4) Lighting and landscaping shall be designed to maintain the residential character of the property.
F.	A community residential facility (family care residences) in the R-1, R-2, and R-3 Districts is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) The facility is licensed by the appropriate agency. (3) The facility is owner-occupied. (4) There is no signage for the facility.
G.	A convent/monastery in the R-1, R-2, and R-3 Districts is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) The convent/monastery shall only be utilized for residential living needs of the inhabitants. (3) The convent/monastery may be utilized for related assembly and education.
H.	A day care, adult group, in the R-3 District is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) A drop-off area is designated on the site plan.
I.	A day care, adult home, in the R-3 District is permitted when: (1) The facility is owner-occupied. (2) There can be no more than six clients at any one time.
J.	A day-care facility in the R-3 District is permitted when: (1) A site plan is approved in accordance with applicable provisions of Article IX of this chapter. (2) For new construction, an appropriate buffer strip shall be provided between such use and any abutting residential district or residential property. (3) The facility must be licensed by the appropriate agency. (4) The location of the recreation area must be identified on the site plan.
K.	A dwelling, manufactured home, in the R-2 and R-3 Districts is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) A permanent foundation is installed. No posts, pillars, columns, etc. are permitted. (3) No skirting is permitted.
L.	A garden, community or neighborhood, in the R-1, R-2, and R-3 Districts is permitted when: (1) A site plan is approved in accordance with applicable provisions of Article IX of this chapter. (2) Any compost piles must be located so as not to create a nuisance to adjoining residences. (3) The gardens must have a five-foot setback from all property lines.
M.	A hospitality house in the R-3 District is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) An appropriate buffer strip shall be provided around parking areas containing more than four parking spaces. (3) The required front yard area may not be used for parking. (4) Lighting and landscaping shall be designed to maintain the residential character of the property.
N.	Major home occupations in the R-3 District. (1) Purpose and 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) General requirements. (a) The home occupation is carried on wholly within the dwelling or accessory building. (b) There is no storage of materials or equipment associated with the home occupation outside the dwelling or accessory building. No home occupation shall have storage as its primary function. (c) There is no internal or external alteration of the dwelling that changes the character and appearance thereof as a dwelling. (d) No separate entrance is provided exclusively for the home occupation. (e) No offensive odor, noise, vibration, smoke, dust, heat, glare, or other objectionable emissions are produced. No home occupation shall produce magnetic or electrical interference or cause fluctuation in line voltage off the premises. In no case shall explosives or extremely hazardous materials be allowed on-premises in connection with a home occupation. (f) The home occupation does not generate traffic in any greater volume than would normally be expected in the surrounding residential neighborhood. This includes the use of delivery services to or from the premises. 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. (g) No more than one additional off-street parking space shall be provided on-premises for clients and customers. (h) The occupation does not occupy more than 20% of the dwelling unit, with a maximum of 300 square feet, including accessory structures. (i) No more than one person who does not reside in the household can be employed or participate in the home occupation. (j) No retail sales or displays for retail sale of commercially manufactured items are permitted on the premises. (k) Signage is limited to one nonilluminated wall sign not exceeding one square foot. The sign must be compatible with the character of the residence, and it must be approved by the Planning Department. No other signage associated with the home occupation is permitted on-premises, except for vehicular signage that is limited to a total area of two square feet. Vehicular signage must be compatible with the character of the residence, and it must be approved by the Planning Department. (3) List of major home occupations. The following is an illustrative list of uses that may meet the requirements of a major home occupation: (a) Teacher/Instructor (such as dance, music, crafts) with a maximum ratio of one teacher to two students. (b) Beauty salon/barber shop with a maximum of two chairs. (c) Real estate agent or insurance agent. (d) Family or marriage counselor. (e) Office of a lawyer, engineer, accountant, or architect. (f) Other similar uses which meet the requirements of a major home occupation. (4) 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. (5) The City of Binghamton reserves the right to inspect the premises at any reasonable time to determine if the home occupation is in compliance with the regulations of this subsection. (6) Failure to comply with the regulations of this subsection shall result in the revocation of the home occupation permit. (7) Fees for a major home occupation shall be as set from time to time by the City Council.
O.	Minor home occupations in the R-1, R-2, and R-3 Districts. (1) Purpose and 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) General requirements. (a) The home occupation is carried on wholly within the dwelling or accessory building. (b) There is no storage of materials or equipment associated with the home occupation outside the dwelling or accessory building. No home occupation shall have storage as its primary function. (c) There is no internal or external alteration of the dwelling that changes the character and appearance thereof as a dwelling. (d) No separate entrance is provided exclusively for the home occupation. (e) There are no exterior displays or signs identifying the home occupation. Vehicle signage not exceeding one square foot may be allowed by special condition approval. (f) No offensive odor, noise, vibration, smoke, dust, heat, glare, or other objectionable emissions are produced. No home occupation shall produce magnetic or electrical interference or cause fluctuation in line voltage off the premises. In no case shall explosives or extremely hazardous materials be allowed on-premises in connection with a home occupation. (g) The home occupation does not generate traffic in any greater volume than would normally be expected in the surrounding residential neighborhood. This includes the use of delivery services to or from the premises. 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. (h) The occupation does not occupy more than 20% of the dwelling unit or accessory structure, with a maximum of 300 square feet, including related storage. (i) No individual who does not permanently and legally reside in the household may be employed or participate in the home occupation. (j) No customers, clients, colleagues, or members of the public shall visit the residence in connection with the home occupation. (k) No retail sales or displays for retail sales of commercially manufactured items are permitted on the premises. (l) Commercial newspapers, radio, or television services shall not be used to advertise the location of the home occupation to the public. (3) List of minor home occupations. The following is an illustrative list of uses that may meet the requirements of a minor home occupation: (a) Office of a computer programmer, draftsman, typist, or copy reader. (b) Office of a salesperson, provided that no retail or wholesale transactions are made on the premises. (c) Telephone answering service. (d) Workshop or studio for an artist, sculptor, photographer, craftsperson, writer, composer, musician, seamstress, dressmaker, or tailor. (e) Homebound employment of a physically or mentally handicapped person who is unable to work away from home by reason of disability. (f) Other similar uses which meet the requirements of a minor home occupation. (4) 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. (5) The City of Binghamton reserves the right to inspect the premises at any reasonable time to determine if the home occupation is in compliance with the regulations of this subsection. (6) Failure to comply with the regulations of this subsection shall result in the revocation of the home occupation permit. (7) Fees for a minor home occupation shall be as set from time to time by the City Council.
P.	Monastery in the R-1, R-2, and R-3 Districts: see requirements for a convent.
Q.	Multi-unit dwelling: new construction or conversion of existing building into three or four units in the R-3 District; permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) Each of the dwelling units thus created conforms to the minimum habitable floor area requirement of the State Building Code. (3) To preserve the aesthetic quality of the street, no upper story means of egress shall be permitted on the street side of the building unless there is no feasible alternative. (4) An appropriate buffer strip shall be provided around parking areas containing more than four parking spaces.
R.	A parish house in the R-1, R-2, and R-3 Districts is permitted when: (1) The parish house may include an office and related religious accessory uses of the church. (2) The parish house shall only be inhabited by clergy and members of their family.
S.	Parking, ancillary in the R-3 District is permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) A five-foot-wide landscaped strip is provided along all property lines. (3) The parking lot must be adjacent to and controlled by the principal use.
T.	Seasonal sales in the R-3 District are permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) The sale of seasonal merchandise is limited to 30 days each sale and may not occur more than twice a year. (3) Hours of operation are limited to 8:00 a.m. to 8:00 p.m. (4) Any signage must be approved by the Planning Department. (5) There is no outdoor storage of merchandise after the sale is finished.
U.	Temporary structures in the R-1, R-2, and R-3 Districts are permitted when: (1) A site plan is approved in accordance with the applicable provisions of Article IX of this chapter. (2) The structure must comply with setback requirements. (3) The structure must be removed within six months of installation. (4) Only one temporary structure may be located on a property at any given time. (5) 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.
V.	A townhouse with four or fewer dwelling units in the R-3 District is permitted when: (1) A site plan is approved in accordance with Article IX of this chapter.

§ 410-30. Intent.

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 Series B site plan review from the Planning Department or a special use permit/Series A site plan from the Planning Commission. Bulk and density regulations for each zoning district are also established.

§ 410-31. General provisions.

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 a Series B site plan review or a special use permit/Series A site plan review 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. Other agencies involved in issuing required permits must be contacted by the applicant.

§ 410-32. Schedule II: Land Uses in Commercial and Industrial Zoning Districts.

A.	C-1 Service Commercial District. (1) All uses listed in the R-3 District except townhouses: See Schedule I for the type of review required. (2) Permitted by right: Animal clinic Antiques Art gallery Automotive detailing business Automotive parts and accessories establishment Bakery, retail Banquet/Catering facility Barbershop/Beauty parlor Brew pub Catering service Dry-cleaning establishment Flea market, short term Food delivery establishment Greenhouse, commercial Human service agency Laundromat Liquor store Nightclub Nonalcoholic nightclub Office, business Office, professional Office, professional health-related Oil change, lube, and related sales and service facility Pawnshop/swap shop Personal service establishment Pet grooming shop Photocopy and related printing service Rental service store Repair shop and sales, small appliances and office equipment Restaurant, sit-down Restaurant, take-out/carry-out Retail beverage/recycling center Retail or service business, general Studio Studio, broadcast Tavern Taxicab/Personal transport business (no repairs or exterior storage of vehicles) Telephone switching facility Therapeutic massage office Thrift shop/secondhand store Towing service (with no accessory storage) Travel agency Video rental shop (3) Permitted with Planning Department approval (Series B site plan): Animal hospital Auction house or gallery Automatic teller machine (drive-up) Automobile sales, used (minor) Bank and financial institutions Bank, drive-through Banquet/Catering facility Cultural facilities/museums Flea market, long-term Health/Sport club Kennel, commercial Parcel delivery Parking, ancillary Restaurant, drive-through Retail drive-through Tire, muffler, brake, shock absorber, and related sales and service Wayside stand Wholesale trade and storage (4) Permitted with Planning Commission approval (special use permit and Series A site plan): Alcohol or drug rehabilitation facility Automobile hand washing business Automobile mechanical washing business Automobile rental/leasing facility Automobile repair shop Automobile sales, new Automobile sales, used (major) Automobile service station Bus depot Clinic, medical, diagnostic or treatment center Club or lodge, membership Community center Crematory Department store Dormitory, off-campus Dry-cleaning plant Eleemosynary/Philanthropic organization Fraternity/Sorority house Funeral home Gasoline, convenience market Halfway house Hotel and motel Industrial, light Industrial, medium Laboratory, research and testing Machine, sheet metal and welding shop Microbrewery Mission/Homeless shelter Parking area, public Printing or publishing facility Radio and television transmitting station Rail freight terminal Railroad facility Railroad station Recreation use, commercial indoor Recreation use, commercial outdoor Recreation vehicles, sales and repair Schools, business/commercial/trade/vocational Schools, colleges, universities, and professional Self-service storage warehouse Shopping center Supermarket Taxicab/Personal transport business (with repairs and/or exterior storage of vehicles) Telecommunications facility Zoo/Aquarium
B.	C-2 Downtown Business District. (1) All uses listed in the R-3 District except townhouses: See Schedule I for the type of review required. (2) Permitted by right: Animal clinic Antiques Art gallery Automotive detailing business Automotive parts and accessories establishment Bakery, retail Banquet/Catering facility Barbershop/Beauty parlor Brew pub Catering service Dry-cleaning establishment Flea market, short-term Food delivery establishment Greenhouse, commercial Human service agency Laundromat Liquor store Nightclub Nonalcoholic nightclub Office, business Office, professional Office, professional health-related Pawnshop/Swap shop Personal service establishment Pet grooming shop Photocopy and related printing service Rental service store Repair shop and sales, small appliances and office equipment Restaurant, sit-down Restaurant, take-out/carry-out Retail or service business, general Studio Studio, broadcast Tavern Taxicab/Personal transport business (no repairs or exterior storage of vehicles) Telephone switching facility Therapeutic massage office Thrift shop/secondhand store Travel agency Video rental shop (3) Permitted with Planning Department approval (Series B site plan): Animal hospital Auction house or gallery Automatic teller machine (drive-up) Automobile sales, used (minor) Bank and financial institutions Bank, drive-through Banquet/Catering facility Cultural facilities/museums Flea market, long-term Health/Sport club Parking, ancillary Wayside stand Wholesale trade and storage (4) Permitted with Planning Commission approval (special use permit and Series A site plan): Bus depot Clinic, medical, diagnostic or treatment center Club or lodge, membership Community center Department store Dormitory, off-campus Eleemosynary/Philanthropic organization Fraternity/Sorority house Funeral home Halfway house Hotel and motel Industrial, light Industrial, medium Laboratory, research and testing Parking area, public Printing or publishing facility Radio and television transmitting station Rail freight terminal Railroad facility Railroad station Recreation use, commercial indoor Recreation use, commercial outdoor Schools, business/commercial/trade/vocational Schools, colleges, universities, and professional Shopping center Supermarket Taxicab/Personal transport business (with repairs and/or exterior storage of vehicles) Telecommunications facility Zoo/Aquarium
C.	C-3 Medical District. (1) All uses listed in the R-3 District except townhouses: See Schedule I for the type of review required. (2) Permitted by right: Office, business Office, professional Office, professional health-related Therapeutic massage office (3) Permitted with Planning Department approval (Series B site plan): Animal clinic Health/Sport club Office complex (business/professional/professional health-related) Parking, ancillary (4) Permitted with Planning Commission approval (special use permit and Series A site plan): Alcohol or drug rehabilitation facility Clinical, medical, diagnostic or treatment center Hospital, medical center Laboratory, medical-related research and testing Methadone facility Parking area, public
D.	C-4 Neighborhood Commercial District. (1) All uses listed in the R-3 District except townhouses: See Schedule I for the type of review required. (2) Permitted by right: Animal clinic Antiques Art gallery Automotive detailing business Bakery, retail Barbershop/Beauty parlor Brew pub Catering service Dry-cleaning establishment Flea market, short-term Food delivery establishment Greenhouse, commercial Human service agency Laundromat Liquor store Office, business Office, professional Office, professional health-related Pawnshop/Swap shop Personal service establishment Pet grooming shop Photocopy and related printing service Rental service store Repair shop and sales, small appliances and office equipment Restaurant, sit-down Restaurant, take-out/carry-out Retail beverage/recycling center Retail craft/hobby shop Retail neighborhood convenience outlet Retail or service business, general Retail sales of ice cream, candy, baked goods, gifts, flowers, and similar small items Studio Studio, broadcast Tavern Taxicab/Personal transport business (no repairs or exterior storage of vehicles) Telephone switching facility Therapeutic massage office Thrift shop/secondhand store Travel agency Video rental shop (3) Permitted with Planning Department approval (Series B site plan): Animal hospital Automatic teller machine (drive-up) Automobile sales, used (minor) Automotive parts and accessories establishment Bank and financial institutions Bank, drive-through Banquet/Catering facility Billiards hall Flea market, long-term Health/Sport club Kennel, commercial Nightclub Nonalcoholic nightclub Office complex (business/professional/professional health-related) Oil change, lube, and related sales and service facility Parking, ancillary Restaurant, drive-through Retail drive-through Wayside stand (4) Permitted with Planning Commission approval (special use permit and Series A site plan): Automobile hand washing business Automobile mechanical washing business Automobile service station Bowling alley Clinic, medical, diagnostic or treatment center Club or lodge, membership Community center Crematory Cultural facilities/museums Eleemosynary/Philanthropic organization Fraternity/Sorority house Funeral home Gasoline, convenience market Microbrewery Miniature golf establishment Parking area, public Shopping center Supermarket Tire, muffler, brake, shock absorber, and related sales and service
E.	C-5 Neighborhood Office District. (1) All uses listed in the R-3 District except townhouses: See Schedule I for the type of review required. (2) Permitted by right: Bakery, retail Personal service establishment Retail craft/hobby shop Retail neighborhood convenience outlet Retail sales of ice cream, candy, baked goods, gifts, flowers, and similar small items Studio (3) Permitted with Planning Department approval (Series B site plan): Antiques Art gallery Bank and financial institutions Bank, drive-through Catering service Human service agency Office, business Office, professional Office, professional health-related Parking, ancillary Restaurant, sit-down Restaurant, take-out/carry-out Therapeutic massage office Travel agency (4) Permitted with Planning Commission approval (special use permit and Series A site plan): Cultural facilities/museums Eleemosynary/Philanthropic organization Funeral home Parking area, public
F.	C-6 Limited Neighborhood Commercial District. (1) All uses listed in the R-3 District except townhouses: See Schedule I for the type of review required. (2) Permitted by right: Bakery, retail Laundromat Liquor store Personal service establishment Retail craft/hobby shop Retail neighborhood convenience outlet Retail sales of ice cream, candy, baked goods, gifts, flowers, and similar small items Studio (3) Permitted with Planning Department approval (Series B site plan): Antiques Art gallery Catering service Office, business Office, professional Office, professional health-related Restaurant, sit-down Restaurant, take-out/carry-out Tavern Therapeutic massage office Thrift shop/secondhand store Travel agency Wayside stand (4) Permitted with Planning Commission approval (special use permit and Series A site plan): Eleemosynary/Philanthropic organization
G.	I-1 Urban Business Park District. (1) Permitted by right: Essential services Office, business Office, professional Office, professional health-related Photocopy and related printing service Restaurant, sit-down Restaurant, take-out/carry out Single-unit residences Telephone switching facility Two-unit residences (2) Permitted with Planning Department approval (Series B site plan): Health/Sport club Monument manufacture and sales Multi-unit dwelling: new construction or conversion of existing building into three or four units Parcel delivery Parking, ancillary Wholesale trade and storage (3) Permitted with Planning Commission approval (special use permit and Series A site plan): Convalescent/Nursing home: health-related nursing facility Convalescent/Nursing home: skilled nursing facility Hotel and motel Industrial, light Industrial, medium Industrial park Laboratory, research and testing Multi-unit dwelling: new construction or conversion of existing building into five or more units Parking area, public School, business/commercial/trade/vocational Schools, colleges, universities, and professional Telecommunications facility
H.	I-2 Light and Medium Industrial District. (1) Permitted by right: Animal clinic Antiques Art gallery Automotive detailing business Automotive parts and accessories establishment Bakery, retail Banquet/Catering facility Barbershop/Beauty parlor Brew pub Catering service Dry-cleaning establishment Flea-market, short term Food delivery establishment Greenhouse, commercial Human service agency Laundromat Liquor store Nightclub Nonalcoholic nightclub Office, business Office, professional Office, professional health-related Oil change, lube, and related sales and service facility Pawnshop/Swap shop Personal service establishment Pet grooming shop Photocopy and related printing service Rental service store Repair shop and sales, small appliances and office equipment Restaurant, sit-down Restaurant, take-out/carry-out Retail beverage/recycling center Retail or service business, general Studio Studio, broadcast Tavern Taxicab/Personal transport business (no repairs or exterior storage of vehicles) Telephone switching facility Therapeutic massage office Thrift shop/secondhand store Towing service (with no accessory storage) Travel agency Video rental shop (2) Permitted with Planning Department approval (Series B site plan): Animal hospital Auction house or gallery Automatic teller machine (drive-up) Bank and financial institutions Bank, drive-through Banquet/Catering facility Building contractor office and yard Contractor's office and yard, building Contractor's office and yard, heavy construction Cultural facilities/museums Flea market, long-term Health/Sport club Kennel, commercial Monument manufacture and sales Parcel delivery Parking, ancillary Restaurant, drive-through Retail drive-through Tire, muffler, brake, shock absorber, and related sales and service Wayside stand Wholesale trade and storage (3) Permitted with Planning Commission approval (special use permit and Series A site plan): Adult bookstore Adult entertainment establishment Adult novelty store Automobile mechanical washing business Automobile rental/leasing facility Automobile repair shop Automobile sales, new Automobile sales, used (major) Automobile service station Automotive hand washing business Bakery, wholesale Building supply yard Bus depot Clinic, medical, diagnostic or treatment center Club or lodge, membership Community center Construction equipment sales, storage, and maintenance Crematory Department store Dry-cleaning plant Eleemosynary/Philanthropic organization Feed warehouse Fraternity/Sorority house Funeral home Gasoline, convenience market Heavy vehicle maintenance and storage facility Hotel and motel Industrial, light Industrial, medium Industrial park Laboratory, research and testing Machine, sheet metal and welding shop Microbrewery Motor truck freight terminal Parking area, public Printing or publishing facility Radio and television transmitting station Rail freight terminal Railroad facility Railroad station Recreation use, commercial indoor Recreation use, commercial outdoor Recreation use, racetrack Recreation vehicles, sales and repair Schools, business/commercial/trade/vocational Schools, colleges, universities, and professional Self-service storage warehouse Shopping center Supermarket Tavern, nonalcoholic Taxicab/Personal transport business (with repairs and/or exterior storage of vehicles) Telecommunications facility Transfer station/redemption center, recyclable materials Transfer station, solid waste or construction and demolition debris Vehicle impound yard Zoo/Aquarium
I.	I-3 Heavy Industrial District. (1) Permitted by right: Animal clinic Antiques Art gallery Automotive detailing business Automotive parts and accessories establishment Bakery retail Banquet/Catering facility Barbershop/Beauty parlor Brew pub Catering service Dry-cleaning establishment Flea market, short-term Food delivery establishment Greenhouse, commercial Human service agency Laundromat Liquor store Nightclub Nonalcoholic nightclub Office, business Office, professional Office, professional health-related Oil change, lube, and related sales and service facility Pawnshop/Swap shop Personal service establishment Pet grooming shop Photocopy and related printing service Rental service store Repair shop and sales, small appliances and office equipment Restaurant, sit-down Restaurant, take-out/carry-out Retail beverage/recycling center Retail or service business, general Studio Studio, broadcast Tavern Taxicab/Personal transport business (no repairs or exterior storage of vehicles) Telephone switching facility Therapeutic massage office Thrift shop/secondhand store Towing service (with no accessory storage) Travel agency Video rental shop (2) Permitted with Planning Department approval (Series B site plan): Animal hospital Auction house or gallery Automatic teller machine (drive-up) Automobile sales, used (minor) Bank and financial institutions Bank, drive-through Banquet/Catering facility Building contractor office and yard Contractor's office and yard, building Contractor's office and yard, heavy construction Cultural facilities/museums Flea market, long-term Health/Sport club Kennel, commercial Monument manufacture and sales Parcel delivery Parking, ancillary Restaurant, drive-through Retail drive-through Tire, muffler, brake, shock absorber, and related sales and service Wayside stand Wholesale trade and storage (3) Permitted with Planning Commission approval (special use permit and Series A site plan): Adult bookstore Adult entertainment establishment Adult novelty store Automobile mechanical washing business Automobile rental/leasing facility Automobile repair shop Automobile sales, new Automobile sales, used (major) Automobile service station Automotive hand washing business Bakery, wholesale Building supply yard Bus depot Clinic, medical, diagnostic or treatment center Club or lodge, membership Community center Construction equipment sales, storage, and maintenance Crematory Department store Dry-cleaning plant Eleemosynary/Philanthropic organization Feed warehouse Fraternity/Sorority house Funeral home Gasoline, convenience market Heavy vehicle maintenance and storage facility Hotel and motel Industrial, heavy Industrial, light Industrial, medium Industrial park Laboratory, research and testing Machine, sheet metal and welding shop Microbrewery Motor truck freight terminal Parking area, public Printing or publishing facility Radio and television transmitting station Rail freight terminal Railroad facility Railroad station Recreation use, commercial indoor Recreation use, commercial outdoor Recreation use, racetrack Recreation vehicles, sales and repair Schools, business/commercial/trade/vocational Schools, colleges, universities, and professional Self-service storage warehouse Shopping center Supermarket Tavern, nonalcoholic Taxicab/Personal transport business (with repairs and/or exterior storage of vehicles) Telecommunications facility Transfer station/redemption center, recyclable materials Transfer station, solid waste or construction and demolition debris Vehicle impound yard Vehicle salvage facility Zoo/Aquarium