Binghamton planning committee reviews zoning changes to limit new gas stations and expand tobacco buffers

Binghamton City planning staff presented a zoning text amendment Jan. 23 that would restrict where new gas stations and tobacco retailers can locate in the city and add additional review steps for liquor stores and smoke shops.

The proposal would create exclusion zones for future gas stations around hospitals, schools and existing stations and would preserve existing stations unless the use is discontinued for 12 months or more. For tobacco retail, the draft increases the buffer from 500 feet to 1,000 feet around schools, defines “smoke shops” as a distinct land use requiring special review, and would move liquor stores and certain tobacco-selling convenience stores out of permitted-by-right status and into a planning commission/special-permit process that includes council review on appeal.

Planning staff described the changes as public-health measures to reduce groundwater and air contamination risks tied to gasoline operations and to limit youth exposure to tobacco and vaping advertising. “We’re trying to address public health from a zoning standpoint by addressing two land uses that are of concern: gas stations and tobacco retailers,” said Tito, planning department staff, summarizing the rationale for the text amendment.

Why it matters: staff said a recent proposal for a gas station near a residential block on Main Street prompted the review because current code gave limited tools to deny a site that otherwise met site-plan requirements. The tobacco-related changes aim to reduce retailer density near schools and other sensitive uses and to curb unregulated cannabis sales that staff said have been found at multiple smoke shops.

The draft includes a map showing proposed exclusion and buffer zones, existing gas stations, hospitals and schools. Staff said the existing gas stations would be grandfathered; if a station’s use is vacated for 12 months or more, the site could no longer return to gas-station use under the proposed rules. Appeals of decisions regarding tobacco or gas-station exceptions would go to the city council rather than the zoning board, staff said.

Committee members raised concerns about unintended effects on access to food and fuel in neighborhoods the city classifies as having limited retail. Council member Hopkins noted that some residents rely on nearby convenience stores for groceries, and asked whether the change could close doors to essential food sources. Staff said the ordinance language could be revised to exempt businesses that meet a retail-food-sales definition (for example, stores under 4,000 square feet that do not meet certain fresh-food thresholds would remain convenience stores) or to allow conditions of approval that require a percentage of floor area be dedicated to fresh food.

On grandfathering and reopening: staff confirmed existing liquor stores and gas stations would be treated as legal nonconforming uses. “Existing would be grandfathered in. If at any point the gas station closed for 12 months or more, then that use would kind of go away and it could no longer be a gas station,” staff said. The committee discussed an appeal path for special circumstances—food security or neighborhood access—saying council review could consider such impacts case by case.

Sign regulation and enforcement: the staff presentation noted many tobacco retailers already violate the city’s window-coverage sign rules and that changing fines alone may not be sufficient. The committee asked staff to research sign-ordinance language used elsewhere that limits moving or flashing tobacco advertising and to report on legal limits set by state and federal law for tobacco advertising and packaging.

Next steps: staff said they will correct and expand the map to ensure all existing gas stations are shown, add the omitted language clarifying that certain convenience stores sell tobacco or vape products, and return the updated text and maps to the planning committee for further review. Staff also noted they will consult with the city attorney about the legal question of whether buffers can reference land uses or retailers located outside the municipal boundary.

The committee took no formal vote on the text amendment at the Jan. 23 meeting. The meeting adjourned after the committee asked staff to provide revised materials for a future meeting.

Ending note: staff emphasized that the measure seeks to control new locations and density rather than to close existing businesses immediately; members requested additional community outreach and a clearer explanation of enforcement resources prior to advancing the amendments to the planning commission and city council.